Re: How to zero a failing disk drive before disposal?

"If you are in the US and trying to be safe from the FBI then you are
setting
yourself up for "obstruction of justice" charges. Don't do that. A whole lot
of don't do that, ever."

Even though there is a fine tradition of playing lawyer on the net, don't.
You're wrong.

18 U.S. Code Chapter 73 - OBSTRUCTION OF JUSTICE does not apply.

Federal spoliation of evidence is a procedural violation of the rules of
evidence, and can be civil or criminal.  This only applies if the destroyer
of documents, etc. is aware of current or pending action, subpoena, etc.
for the artifacts as evidence in a civil or criminal issue.

If you can reasonably assume this is not the case, destroy.  Crush, then
burn, as the DOD recommends.

– M

On Tue, Nov 5, 2024 at 11:17 PM Kevin P. Neal <kpn@neutralgood.org> wrote:

> A bit late to the game, I know, but...
>
> On Fri, Oct 11, 2024 at 09:12:01AM +0200, Ralf Mardorf wrote:
> > On Fri, 2024-10-11 at 13:42 +1100, Dewayne Geraghty wrote:
> > > I worked for a provider of services for the statutory care of children
> > > (eg removed from parents). [...] We bench-drilled the hard-disks
> > > before sending them (out of our chain of custody) to a furnace.
> >
> > +1
>
> > Criminals and secret services will think twice about whether it is worth
> > subjecting the Lunchbucket family's hard drive to time-consuming and
> > costly forensic treatment.
>
> This actually hints at the correct way of thinking about this problem.
>
> Anytime you think about security, you need to think about what you are
> trying to be secure against. That is, what's the threat?
>
>
>
> If you are trying to be safe from the garbage man then a hammer on the
> circuit board is probably good enough.
>
> If you are trying to be safe from corporate espionage then putting the
> drive into a smelt and watching it melt away is my guess for the best
> method.
>
> If you are in the US and trying to be safe from the FBI then you are
> setting
> yourself up for "obstruction of justice" charges. Don't do that. A whole
> lot
> of don't do that, ever.
>
> More generally, state actors are impossible to stop unless you are a state
> actor or otherwise have some serious money.
>
> With enough money it's possible to recover data from platters that have
> been broken into tiny pieces. Is it worth it for someone to spend that
> money? Depends on the circumstance.
>
>
> Ok, but what about the case where _legally_ you are required to render the
> device "unreadable" (or similar)? Well, consult a lawyer or some other
> in-house expert to find out what the definition of "unreadable" actually
> is in your context. If you get brought up on charges, or even just sued
> by the government, it won't do to try and defend yourself with "but the
> people on the FreeBSD mailing list said...."
>
> --
> Kevin P. Neal                                http://www.pobox.com/~kpn/
>
>                     "A pig's gotta fly." - Crimson Pig
>
>