Is data exfiltration legal?
It depends, and it possibly might be a very complicated question in specific case.
However, in general, data exfiltration is legal, if:
- you represent the eligible entity (eg. you're the police officer, detective, special agent, soldier, expert witness in court etc.), and you do it as a part of your job (eg. exfiltrate data from suspect's computer)
- you are a private investigator, and you are legally eligible to do such actions in your country
- you work in IT security team, and you want to simulate an attack within your company
- you work in IT security company, and you want to simulate an attack for your client (after signing all required papers)
- you are doing it on your own computer(s) - to learn, how such attacks work
Additionally, data exfiltration can be semi-legal, if:
- you represent the eligible entity, but you do it outside your job, eg. for private reason - in many countries that qualifies "only" as disciplinary offense against your employer (instead of regular crime)
- you are a diplomat or any other person having personal immunity (remember, that while you cannot be directly caught, the incident most probably will still be recorded and can result in other consequences for you or your country)
What if I get caught in the action?
In Drive Badger mode, do whatever's possible to either turn off the computer, or disconnect the USB drive with Drive Badger. Also, don't forget to read the full emergency procedure.
In Mobile Badger mode, target drive is not encrypted, so do whatever's possible to destroy both MicroSD card and target drive.