Questions about forensics
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It's a complex subject. So deleted data is not really wiped from the phone the "key" to the data is just removed when you delete a picture. However, over time, new data will overwrite the key-less data. So pics deleted recently might still be recoverable via forensics.
Phone models and levels of encryption of data also make a difference. Newest iPhones are the most secure, deleted pics are actually quite hard to recover due to encryption and the phone automatically spring-cleaning its deleted areas.
Phone models and levels of encryption of data also make a difference. Newest iPhones are the most secure, deleted pics are actually quite hard to recover due to encryption and the phone automatically spring-cleaning its deleted areas.
Also if he's been arrested for making/distributing. Would he still get a nfa if nothing was on the devices?
In general yes. But you can see there are some rare exceptions like the Huw Edwards case. There are some interesting cases where the CPS try their luck. OH's solicitor mentioned to him that he had a case where there was evidence of lots of links with filenames clearly associated with indecent images but that the forensics couldn't actually access the contents of the files since they had been deleted. They tried to charge for this but solicitor managed to have it thrown out.
Assuming he's being honest (which I don't necessarily assume!), my OH's case hinges on deleted images - he claims to have received a single unsolicited file which he immediately deleted. His solicitor is a specialist in the area and says exactly the same as LosingIt said upthread. Its quite depressing to think that Person A can end up in court solely because they own one type of phone rather than other, while Person B - who may be accessing this horrible material much more consistently - is home & dry. I'm sure people who seriously seek out IIOC know exactly what devices to best access & dispose of it on.