Re: Unreasonable seizures (was Re: Scientology causes seizure…) [cr-95/9/3]


Sender: David Cloutman <•••@••.•••>

On Mon, 4 Sep 1995, Cyber Rights wrote:

> Sender: "Steve Eppley" <•••@••.•••>
> >     U.S. Marshals seized computer equipment and files Friday
> >from an Arlington man charged with posting copyrighted materials
> >on the Internet criticizing the Church of Scientology.
> In these modern times, shouldn't this seizure be considered a
> violation of the Constitution?  Isn't it unreasonable to seize
> someone's computer as evidence, when making a tape backup of the hard
> disk will suffice?  (Better yet: make several backups--encrypted and
> authenticated--and disperse them to safeguard against tampering, and
> leave one of the authenticatable backups with the defendant.)

<much uneeded political posturing deleted>

I caught a bit of a TV show last night that apparently might answer your
question. Appearently forensics experts can retrieve deleted files from a
hard disk. Short of reformatting the drive, there is no way to actually
erase a file from disk. Deleting a file simply removes it from the file
allocation table. Because backing up the disk would only serve to copy
the material indexed in the file allocation table, seizing the hardware
is a must for cyber-cops. Hope this answers your query.


Sender: Steve Benedict <•••@••.•••>
Subject: Question concerning COS

Because ISP's are part of a government project (internet) shouldn't COS
be sueing the feds instead of the individual sites that have carried
posts that (may be) copyright violations?  After all, the feds made all
this possible.  :)


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 Posted by --  Andrew Oram  --  •••@••.••• --  Cambridge, Mass., USA
                 Moderator:  CYBER-RIGHTS (CPSR)

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