Lawyer Commentary Mondaq United States Forensic Hashing In Criminal And Civil Discovery

Forensic Hashing In Criminal And Civil Discovery

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After reading an earlier IP/Decode post about hashing, my friend Jenny Rossman reached out to explain how law enforcement was using hash values to fight the spread of child pornography. For over a decade, Jenny had been a sex crimes prosecutor in Florida. She, alongside law enforcement, had been using the technique to identify suspects and secure convictions. It is a brilliant use of hashing that is also worth considering in civil cases, particularly trade secret litigations.

Using Forensic Hashing to Fight Child Pornography

As I wrote in the earlier post, hashing can convert files to shorter strings of numbers and letters (the "hash value"). To demonstrate this, below is a set of five files that contain different content. I computed their unique hash values using the MD5 algorithm:

Filename

MD5 Hash Value

File1

585960c5cf6ed77c10d37e8dfa66629f

File2

994d6db8e10d41ac5cc49f15281a5bef

File3

fec2a0796d37905dec5b9ef0b24045bf

File4

a3d95a3899c1050c146cd05c054cebf8

File5

748f65d8e5d27d17dd2f142a7b712392

Law enforcement, along with private entities, have been using these unique hash values like fingerprints to identify illicit digital materials. In practice, if law enforcement knows that File5 is child pornography from a previous investigation, then File5's hash value can be used to identify other files with that same hash value. If there is a match, then there may be a crime. (U.S. v. Miller, 982 F.3d 412 (6th...

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