accidentally
Let a judge be the judge of that...
this post was submitted on 22 Nov 2024
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Perhaps obstructing justice isn't as bad as copyright infringement?
OopsDidntMeanTo
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.
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.
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.
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.
Barely an inconvenience
I'm gonna need you to get all the way off my back about that missing evidence
"Accidentally"
Journalistic malpractice to repeat their “accidentally” claim without attribution or quotes
average tech journalist
Oops
Then the assumption should be the most damning scenario for open AI that this evidence could provide.
AFAIK that is, in fact, how juries are generally instructed to regard destruction of evidence.
Even "accidental" destruction?
It depends on the court and the judge/jury instructions but even accidental spoliation (destruction) of evidence can result in an adverse inference.
Incompetence has a price.
Are you actually educat3d on this or just saying things? Because I'm asking bc idk
So, I had to double check myself on this one, and my original answer wasn't entirely correct.
If it is found that the destruction of evidence was intentional then yes, the jury can be instructed to view the missing information in the least favorable light, or a case can simply be outright dismissed or a default judgement entered.
However even in the case of "accidental" (ie, not provably intentional) deletion the court can still take various measures to redress the balance in some way.
I am not a lawyer but this guy is - https://joneskell.com/how-spoliation-of-evidence-impacts-litigation/
Failing to preserve evidence is sacntionable, even if it isn't willful destruction. The penalties generally aren't as stiff, but if the judges accepted "Oopsie, we accidentally destroyed evidence we were required to preserve" as a defense, there would be an incentive to destroy evidence and claim it was an accident.
The fact that most companies still turn over evidence that's damning to their own cases is the proof that it's generally a bad idea to accidentally destroy evidence.
Look at it another way: If you're speeding and get pulled over, would a judge let you off if you tell him you were only doing 70 in a 35 because you weren't paying attention to the road?
“Accidentally”
"Accidentally"
About as accidental as falling off the stairs in Russia
That only happens when they accidentally miss the window.
Lol how many of us thought this immediately?
Apparently, everyone 😂
"Oopsie woopsie 🤭" - OpenAI
"Accidentally"
"Oh, silly me I seem to have deleted all the evidence. Whoops."
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.
“Accidentally”
"accidentally"
They must have used chatGPT to write the archival script.
It’s not a bug, it’s a feature!
“My ai ate my homework”
"Upise ahah my bad"
Didn't have enough tokens for the history whoops
"All of history deleted with one stroke" - Muse
Surely they did NOT want this to happen.
Surely they do NOT want to win their case.
...
Would spoliation apply here?
Uh-huh.