§ Guide, full text

Virtual Machines As Evidence

Virtual machines present unique challenges and opportunities as evidence in UK litigation. This guide explains their anatomy, defensible acquisition, and the recovery of historical states from snapshots and backups. It also covers hypervisor logs, hidden or deleted VMs, and common mistakes, providing practical questions and a checklist for practitioners.

18 pages · 23 min read

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VIRTUALMACHINEEVIDENCE · A GUIDE FOR UK LAWYERS Virtual Machines as Evidence VMware, Hyper-V, Snapshots, Virtual Disks and the Recovery of Historical States COMPUTER FORENSICS LAB

§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM FULL CHAIN-OF-CUSTODY DOCUMENTATION

§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the computer that is a file 03 The anatomy of a VM: disks, snapshots, memory, configuration 04 Acquiring virtual machines defensibly 05 Historical states: snapshot chains, backups and rollback 06 The hypervisor's own record: lifecycle, logs and attribution 07 Hidden and deleted VMs 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist

§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: APERFECTCOPYISONEFILEOPERATIONAWAY, AND SO IS A PERFECTDISAPPEARANCE

§ 02 · FIRST PRINCIPLES The problem in plain English: the computer that is a file

§ 03 · ANATOMY The anatomy of a VM: disks, snapshots, memory, configuration

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§ 04 · ACQUISITION Acquiring virtual machines defensibly

§ 05 · TIMETRAVEL Historical states: snapshot chains, backups and rollback

§ 06 · ONEFLOORUP The hypervisor's own record: lifecycle, logs and attribution

§ 07 · THECONCEALEDANDTHEDESTROYED Hidden and deleted VMs

§ 08 · THEWIDERMAP Source architecture: where else the evidence lives EVIDENCE EXTERNAL VM / BACKUP REPLICA / HYPERVISOR DELETED / CHAIN CATALOGUE EXPORT LOGS RECOVERABLE GUEST'S FOOTPRINT

§ 09 · IN THE WILD Worked examples EXAMPLE1 · THEROLLED - BACKWEEK EXAMPLE2 · THECOMPANYONAPORTABLEDRIVE EXAMPLE3 · THEDELETEDGUESTANDTHEBACKUPCATALOGUE

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§ 10 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations

§ 11 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your e Discovery / forensic provider SUGGESTED WORDING · INSTRUCTIONFORAVMEXAMIN AT ION

§ 12 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The VM evidence checklist Red flags When to involve a digital forensic expert

§ 13 · COMMON QUESTIONS Frequently asked questions Is a copied VM as good as imaging the original server? Someone reverted the machine to an old snapshot. Is the interval gone? A VM was deleted before we could act. What are the odds? Can we make the other side disclose hypervisor logs and backup catalogues? The disputed VM runs in Azure/AWS, not on our opponent's own servers. Does the approach change? We suspect an employee ran a hidden VM on their laptop. What should we ask for?

§ 14 · REFERENCE Glossary Sources and authoritative references DISCLAIMER

§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY

Cite as: Joseph Naghdi, Virtual Machines As Evidence, Computer Forensics Lab, https://e-discovery.uk/library/virtual-machines-as-evidence/pdf.

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