this post was submitted on 22 Nov 2024
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[–] [email protected] 250 points 1 month ago (3 children)
[–] beansbeansbeans 51 points 1 month ago (1 children)

Lol how many of us thought this immediately?

[–] [email protected] 21 points 1 month ago

Apparently, everyone 😂

[–] Blubber28 22 points 1 month ago (1 children)

About as accidental as falling off the stairs in Russia

[–] Klear 15 points 1 month ago* (last edited 1 month ago) (1 children)

That only happens when they accidentally miss the window.

[–] [email protected] 8 points 1 month ago

That can happen if you're distracted accidentally shooting yourself in the back of the head twice.

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[–] [email protected] 167 points 1 month ago

“Accidentally”

[–] Badeendje 141 points 1 month ago (1 children)

Then the assumption should be the most damning scenario for open AI that this evidence could provide.

[–] [email protected] 102 points 1 month ago (1 children)

AFAIK that is, in fact, how juries are generally instructed to regard destruction of evidence.

[–] [email protected] 9 points 1 month ago (2 children)

Even "accidental" destruction?

[–] chiliedogg 21 points 1 month ago (5 children)
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[–] NounsAndWords 4 points 1 month ago

It depends on the court and the judge/jury instructions but even accidental spoliation (destruction) of evidence can result in an adverse inference.

[–] [email protected] 112 points 1 month ago

"Accidentally"

[–] [email protected] 104 points 1 month ago

Important context:

  • Data was recovered
  • Plaintiff does not believe it was purposeful
  • Cost plaintiff a week's work
  • Plaintiff has already spent 150 hours going through data
[–] [email protected] 90 points 1 month ago (2 children)

accidentally

Let a judge be the judge of that...

[–] [email protected] 8 points 1 month ago

Perhaps obstructing justice isn't as bad as copyright infringement?

[–] ripcord 6 points 1 month ago

I mean, even the plaintiff thinks it was an accident.

[–] [email protected] 84 points 1 month ago

"Accidentally"

[–] MrWafflesNBacon 81 points 1 month ago

"Oopsie woopsie 🤭" - OpenAI

[–] [email protected] 68 points 1 month ago

it is the 2024 version of the dog ate my homework

[–] gedaliyah 53 points 1 month ago (1 children)
[–] [email protected] 13 points 1 month ago (1 children)
[–] [email protected] 9 points 1 month ago* (last edited 1 month ago)

I'm gonna need you to get all the way off my back about that missing evidence

[–] HailSeitan 53 points 1 month ago (1 children)

Journalistic malpractice to repeat their “accidentally” claim without attribution or quotes

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[–] negativenull 52 points 1 month ago
[–] [email protected] 31 points 1 month ago

"accidentally"

[–] [email protected] 30 points 1 month ago

“Accidentally”

[–] [email protected] 29 points 1 month ago (2 children)

In Spain, in a major political corruption trial, a party turned in as evidence some drives that had been erased by Dban 7 times. They argued that it was routine to do seven passes.

[–] [email protected] 29 points 1 month ago* (last edited 1 month ago) (1 children)

It is... It's literally a preconfigured option on the dban selection list.
Source: My memory... but if that's not good enough, here's wiki too.

https://en.wikipedia.org/wiki/Darik%27s_Boot_and_Nuke

and DOD 5220.22-M (7 passes) are also included as options to handle data remanence.

[–] [email protected] 9 points 1 month ago* (last edited 1 month ago) (2 children)

It's an option, but not the default. It takes forever to run, so someone using it is being very intentional.

It's also considered wildly overkill, especially with modern drives and their data density. Even a single pass of zeros, the fastest and default dban option, wipe data at a level that you would need a nation state actor to even try to recover data.

[–] [email protected] 11 points 1 month ago (1 children)

so someone using it is being very intentional.

Not if you're used to taking DoD requests. It was my default for a very long time because I simply defaulted to it for compliance reasons.

It’s also considered wildly overkill

Absolutely is. Doesn't mean that people like me aren't out there in droves.

But SSDs make this all moot and HDD are being phased out of many environments. SSDs with chucking the key is more than sufficient as well.

[–] [email protected] 5 points 1 month ago* (last edited 1 month ago) (6 children)

DoD dropped it 7 and 3 pass requirements in 2006.

Later in 2006, the DoD 5220.22-M operating manual removed text mentioning any recommended overwriting method. Instead, it delegated that decision to government oversight agencies (CSAs, or Cognizant Security Agencies), allowing those agencies to determine best practices for data sanitization in most cases.

Meanwhile, the U.S. National Institute of Standards and Technology (NIST), in its Guidelines for Media Sanitization of 2006 (PDF), stated that “for ATA disk drives manufactured after 2001 (over 15 GB) clearing by overwriting the media once is adequate to protect the media.” When NIST revised its guidelines in late 2014, it reaffirmed that stance. NIST 800-88, Rev. 1 (PDF) states, “For storage devices containing magnetic media, a single overwrite pass with a fixed pattern such as binary zeros typically hinders recovery of data even if state of the art laboratory techniques are applied to attempt to retrieve the data.” (It noted, however, that hidden areas of the drive should also be addressed.)

For ATA hard disk drives and SCSI hard disk drives specifically, NIST states, “The Clear pattern should be at least a single write pass with a fixed data value, such as all zeros. Multiple write passes or more complex values may optionally be used.”

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[–] [email protected] 5 points 1 month ago (1 children)

Okay so what you think is wildly overkill, is about 10% of the effort some organizations go through to make sure data is not restoreable.

[–] [email protected] 7 points 1 month ago* (last edited 1 month ago) (1 children)

My org shreds discs entirely with a mechanical grinder, so I'm well aware of overkill.

Multiple overwrites being unnecessary isnt really an opinion. Here is the company that owns dban agreeing with security orgs like NIST, that anything past 1 write is unnecessary. .

I think the issue comes down to whether the org in question does that 7 passes consistently on all discs, or if it just so happened to start that policy with those that had evidence on them.

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[–] Gingerlegs 24 points 1 month ago* (last edited 1 month ago)

It’s not a bug, it’s a feature!

[–] Wild_Mastic 23 points 1 month ago

"Upise ahah my bad"

[–] [email protected] 22 points 1 month ago

A megafuckhuge IT corp who deals in data doesn't have backups, right, RIGHT???

[–] [email protected] 21 points 1 month ago

OopsDidntMeanTo

[–] [email protected] 17 points 1 month ago

"Oh, silly me I seem to have deleted all the evidence. Whoops."

[–] [email protected] 14 points 1 month ago

Didn't have enough tokens for the history whoops

[–] ieatpwns 14 points 1 month ago

“My ai ate my homework”

[–] [email protected] 10 points 1 month ago

"All of history deleted with one stroke" - Muse

[–] [email protected] 9 points 1 month ago* (last edited 1 month ago)

They must have used chatGPT to write the archival script.

[–] [email protected] 8 points 1 month ago

The fact that clicking the link takes you to a 404 page definitely helps with the whole "accidentally" bit.

Anyone know if the story turned out to be false and got deleted or if it's just a dud link?

[–] NeoNachtwaechter 7 points 1 month ago

Surely they did NOT want this to happen.

Surely they do NOT want to win their case.

...

[–] CarbonatedPastaSauce 6 points 1 month ago

I sometimes work with lawyers to do discovery for corporate IT. The good news is, this doesn't really fly in court from what my company's legal team has told me. So either the evidence was SO bad that this was a better option for them, or they actually did shoot themselves in the foot.

[–] [email protected] 5 points 1 month ago
[–] [email protected] 5 points 1 month ago

They know they'll get away with it, so why wouldn't they

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