Ever wondered what the legal definition of "RAM" is? I was perusing the Computer Forensics and Incident Response blog this morning and found an interesting post regarding RAM and the US Courts. In short, a court document (judge's decision) from the case of Columbia Pictures Industries, et al, vs Justin Bunneli, et al, was posted on the web, and contains some interesting discussion regarding RAM.

In short, the document illustrates a discussion in which RAM constitutes "electronically stored information", and can be included in discovery. The document contains statement such as "...Server Log Data is temporarily stored in RAM and constitutes a document...".

Interestingly enough, there is also discussion of "sploilation of evidence" due to the defendant's failure to preserve/retain RAM.

The defendants claimed that, in part, they could not produce the server log data from RAM due to burden of cost...which the judge's decision states that they failed to demonstrate. There are some interesting notes that address issues of RAM as "electronically stored information" from which key data would otherwise not be available (ie, the document states that the server's logging function was not enabled, but the requests themselves were stored in RAM).

Ultimately, the judge denied the plaintiff's request for evidentary sanctions due to the defendant's failure to preserve the contents of RAM, partially due to a lack of prior precedence and a specific request to preserve RAM (the request was for documents).

The PDF document is 36 pages long, and well worth a read. I will not attempt to interpret a legal document here...I simply find the judge's decision that yes, RAM constitutes electronically stored information, however temporary, to be very interesting.

What are your thoughts? How do you think this kind of issue will fare given that there are no longer any freely available tools for dumping the contents of Physical Memory from Windows systems?

Addendum: An appeal brief has been posted by the defendant's lawyers.