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07-13-2010, 09:39 AM   #1
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Is a DNG/PEF as good as a negative...

...from a legal perspective?

There's been some discussion recently about photographer rights and such. Which got me thinking, in an era where photo manipulation is cheap and easy, what kind of photography would be deemed unmanipulated in a court of law? I'm not aware of any programs that can output DNG/PEF files.

07-13-2010, 10:00 AM   #2
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Maybe not commercially available programs, but it would be quite simple for someone to write a program to do it. I have to believe that should it ever come down to a legal issue, a lawyer for the side claiming the DNG/PEF was manipulated would have no trouble demonstrating the viability of that claim - you could probably pay a college student $20 to hack up a manipulated raw file.
07-13-2010, 10:38 AM   #3
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Interesting link regarding the use of digital images in the courtroom, from the point of view of forensics professionals...

http://media.wiley.com/product_data/excerpt/41/04701145/0470114541.pdf
07-13-2010, 11:30 AM   #4
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QuoteOriginally posted by johnmflores Quote
.I'm not aware of any programs that can output DNG/PEF files.
such programs are called firmware (besides things like Adobe DNG converter or similar that outputs DNG files)... you can find them in every camera...

07-13-2010, 01:54 PM   #5
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Thing is, if I'm not mistaken, a raw file is just data--nothing more than a series of 1's and 0's. You can't view a raw file. The image you see when looking at a raw file is actually an imbedded jpeg. I would imagine it's possible, through software, to determine if a raw file has been altered but hey, I'm no expert at this type of thing.
07-13-2010, 02:17 PM   #6
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A raw file is pretty rock solid for evidence sake (even the cops shoot digital nowadays). Being on the original card is probably even better, since that's the original point where the data was created/written. In general, if you are particularly worried, the less you "handle" your original raw files, the better since they have the "purest" information from when you pressed the shutter button.

also, here's a nifty page that discusses digital photos in legal situations. The Admissibility of Digital Photographs in Court
07-13-2010, 08:55 PM   #7
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I won't comment on laws and evidentiary rules, which vary between jurisdictions. But as a former software engineer (burnt-out codemonkey) I know that an isolated datum is worthless, and has value or meaning only within a context. The legal context includes chain-of-possession logs -- who has had access to that datum? Who could have diddled it?

And any data can be generated by software. I'd have much more confidence that a set of digital photos of a subject are accurate, than a single photo, but even such a set could be generated, and may appear 'true' when they're not. Such an imitation of reality is the goal of cine CGI. False RAW images indistinguishable from reality will soon be easy to generate, if they aren't already. For greater confidence, we'd need multiple images from multiple sources, that can be compared for continuity. Do pics shot with different cameras controlled by different people agree?

I hereby predict that falsified RAW images will be a big problem in the future.

07-14-2010, 04:53 AM   #8
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A WORM (write once, read many) memory card might be the answer.
07-14-2010, 06:43 AM   #9
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QuoteOriginally posted by ChooseAName Quote
So I generate some false image data in software on a computer, insert the WORM card, write the false RAW data to the card, and VOILA! Who could tell that the data came from that computer, and not from the processor+firmware of a camera? Any datum can be faked. I'll say that again: ANY DATUM CAN BE FAKED. Its source can be spoofed. The only protection is to utilize data from multiple independent sources. In many many cases, fakery isn't cost-effective, and nobody will bother to fake data. In some very very few cases, the benefit would be worth the effort. As image processing warez develop further, detecting faked data will become virtually impossible. Bother.
07-20-2010, 12:59 PM   #10
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QuoteOriginally posted by RioRico Quote
The only protection is to utilize data from multiple independent sources. In many many cases, fakery isn't cost-effective, and nobody will bother to fake data. In some very very few cases, the benefit would be worth the effort. As image processing warez develop further, detecting faked data will become virtually impossible. Bother.
Love them or hate them, but cell-phone cameras already play an important role in documenting incidents in public places.

At the end of the day, cameraphone-wielding citizens may end up being more important to maintaining civil order and documenting the abuses of power by police, security guards and others than the 2nd Amendment.
07-21-2010, 12:39 PM   #11
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In Lightroom, I can export any image to DNG with modifications intact. Camera PEF or Pentax DNG (yes, there is a difference) is another matter. As noted above, I would expect that a smart college kid would be able to reverse engineer a doctored image. Heck, I might even be able to do it.


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07-21-2010, 03:15 PM   #12
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QuoteOriginally posted by stevebrot Quote
In Lightroom, I can export any image to DNG with modifications intact.
Sort of, but not really. the raw image data is never modified by lightroom - only the jpeg preview embedded within the file. And of course, the list of adjustments you made may be recorded within the file as well. That's how LR can make it appear the image data really contains your edits. But it doesn't. You'd really have to write your own software to alter the image data.
07-21-2010, 04:50 PM   #13
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QuoteOriginally posted by Marc Sabatella Quote
Sort of, but not really. the raw image data is never modified by lightroom - only the jpeg preview embedded within the file. And of course, the list of adjustments you made may be recorded within the file as well. That's how LR can make it appear the image data really contains your edits. But it doesn't. You'd really have to write your own software to alter the image data.
Damn! I was so happy in my delusion!


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07-23-2010, 05:26 PM   #14
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Every one of our trucks at work has a one use disposable film camera in the accident kit for the driver to take pictures of the accident scene. The corporate powers want film shots, not digital shots for legal reasons. We have over a thousand trucks running around the country so I'm sure this issue has come up. The camera kits come from a specialty company who manufacture this product specificly for this purpose.
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