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To keep Tor hack source code secret, DOJ dismisses child porn case

arstechnica.com

11–20 of 142 posts

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#12
post #9

So, let's see now: a man is going free who should probably be going to jail for a long time, because the state doesn't want to disclose the methods of gathering evidence against him, which we can speculate are because they are illegal or sourced from non-law-enforcement agencies. A case with near-identical facts and the same judge _is_ going to trial and, not content with tapping your email, the state now wants to pu…

While the majority of it probably isn't 'how the world should be', a man is going free because (we speculate) that the evidence against him was gathered illegally. This bit probably is 'how the world should be'.

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#13
post #9

So, let's see now: a man is going free who should probably be going to jail for a long time, because the state doesn't want to disclose the methods of gathering evidence against him, which we can speculate are because they are illegal or sourced from non-law-enforcement agencies. A case with near-identical facts and the same judge _is_ going to trial and, not content with tapping your email, the state now wants to pu…

It could also be because their method doesn't really prove who the individual really was...

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#14
post #12
post #9

So, let's see now: a man is going free who should probably be going to jail for a long time, because the state doesn't want to disclose the methods of gathering evidence against him, which we can speculate are because they are illegal or sourced from non-law-enforcement agencies. A case with near-identical facts and the same judge _is_ going to trial and, not content with tapping your email, the state now wants to pu…

While the majority of it probably isn't 'how the world should be', a man is going free because (we speculate) that the evidence against him was gathered illegally. This bit probably is 'how the world should be'.

I've never understood this. If I gather evidence against somebody illegally, and it proves their guilt, shouldn't we both go to jail?

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#15
post #12

Earlier quoted context omitted.

While the majority of it probably isn't 'how the world should be', a man is going free because (we speculate) that the evidence against him was gathered illegally. This bit probably is 'how the world should be'.

I've never understood this. If I gather evidence against somebody illegally, and it proves their guilt, shouldn't we both go to jail?

Fruit of the forbidden tree. It's inadmissible in court.

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#16
post #12
post #9

So, let's see now: a man is going free who should probably be going to jail for a long time, because the state doesn't want to disclose the methods of gathering evidence against him, which we can speculate are because they are illegal or sourced from non-law-enforcement agencies. A case with near-identical facts and the same judge _is_ going to trial and, not content with tapping your email, the state now wants to pu…

While the majority of it probably isn't 'how the world should be', a man is going free because (we speculate) that the evidence against him was gathered illegally. This bit probably is 'how the world should be'.

How so?

In general if a criminal goes free despite having evidence against him just because the evidence was not obtained legally ... it sounds rather wrong to me.

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#17
post #16
post #12

Earlier quoted context omitted.

While the majority of it probably isn't 'how the world should be', a man is going free because (we speculate) that the evidence against him was gathered illegally. This bit probably is 'how the world should be'.

How so? In general if a criminal goes free despite having evidence against him just because the evidence was not obtained legally ... it sounds rather wrong to me.

That would encourage police to gather evidence illegally all the time, because it works. Which is consider a worse state of affairs than guilty people going free.

Just imagine undercover police walking into every home that left their door unlocked and having a snoop around. They could do that and get some convictions out of it.

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#18
The prosecutors said they may file charges later (according to the article).

They may just want to keep from revealing the details as long as possible -- but could re-file the same charges years later, right before the Statute of Limitations.

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#19
post #16
post #12

Earlier quoted context omitted.

While the majority of it probably isn't 'how the world should be', a man is going free because (we speculate) that the evidence against him was gathered illegally. This bit probably is 'how the world should be'.

How so? In general if a criminal goes free despite having evidence against him just because the evidence was not obtained legally ... it sounds rather wrong to me.

> In general if a criminal goes free despite having evidence against him just because the evidence was not obtained legally ... it sounds rather wrong to me.

Then you are terribly shortsighted. It is "innocent until proven" guilty" for many very good reasons. We have only the word of the government that this man is guilty.

The government has ALL the cards and power, the innocent need protection from it more than we need to punish the guilty.

The accused aren't geniuses; the fact that the government didn't build a solid case against him with physical evidence, wiretaps, keyloggers, etc. means he really wasn't that important. The fact that they have such a high profile suspect and can't make the case against him without a fishing expedition makes me VERY suspicious.

The fact that they are willing to drop the case makes me wonder how much of what they have is induced, entrapped, or outright fabricated.

Re: To keep Tor hack source code secret, DOJ dismisses child porn case

#20

The prosecutors said they may file charges later (according to the article). They may just want to keep from revealing the details as long as possible -- but could re-file the same charges years later, right before the Statute of Limitations.

This actually bothers me greatly. Not carrying through once charges are filed should be equivalent to "not guilty".
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