Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
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Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
1–10 of 38 posts
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#2From "it's only to catch terrorists, guys" to potentially "it's also used to prove guilt in minor domestic cases."
I, for one, hope this succeeds. Maybe then we'll have a way to get the masses to understand just how bad this surveillance state really is, for all of us.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#3From "it's only to catch terrorists, guys" to potentially "it's also used to prove guilt in minor domestic cases." I, for one, hope this succeeds. Maybe then we'll have a way to get the masses to understand just how bad this surveillance state really is, for all of us.
the problem is that the general public will still think the surveillance state is okay because it puts "bad people" behind bars. this would not work unless it starts being used to indite innocent people, who can then prove their innocence. unfortunately the general public still would not care more than 1-2 weeks after the case first breaks.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#4The data was collected without a warrant. It cannot be used in court.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#5I really don't get any of this.
These lawyers and courts are no more privileged to secret data from the NSA, the military, or any of the other classified source today, then they were 1 year ago, 10 years ago, etc.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#6I really don't get any of this. These lawyers and courts are no more privileged to secret data from the NSA, the military, or any of the other classified source today, then they were 1 year ago, 10 years ago, etc.
"The laws of evidence require that prosecutors turn over to the defense any records they have that might help prove a suspect's innocence."
In other words, they were entitled to them 10 years ago, but now that they know they exist they can actually request them.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#7The data was collected without a warrant. It cannot be used in court.
No warrant doesn't matter, the data can be used in court. The Guardian's leak today [1] proved that the NSA is authorized to keep all data obtained 'inadvertently' -- e.g. as part of a broad-scale tap, without a warrant -- and to use it later. Specifically, data regarding US citizens.
The safest assumption now is that with respect to electronic surveillance in the US, warrants mean nothing and everything is being stored.
[1] - http://www.guardian.co.uk/world/2013/jun/20/fisa-court-nsa-w...
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#8The data was collected without a warrant. It cannot be used in court.
The defense doesn't challenge a lack of warrant for data that benefits them.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#9I really don't get any of this. These lawyers and courts are no more privileged to secret data from the NSA, the military, or any of the other classified source today, then they were 1 year ago, 10 years ago, etc.
"The laws of evidence require that prosecutors turn over to the defense any records they have that might help prove a suspect's innocence." In other words, they were entitled to them 10 years ago, but now that they know they exist they can actually request them.
Those courts and prosecutors have no access to classified datastores of the NSA.
That data is classified and protected by law.
What you are quoting is completely something else, and just references the data the prosecutors have on hand that is gathered and developed as part of the investigation.
Re: Lawyers eye NSA data as treasure trove for evidence in murder, divorce cases
#10I really don't get any of this. These lawyers and courts are no more privileged to secret data from the NSA, the military, or any of the other classified source today, then they were 1 year ago, 10 years ago, etc.
You have a point. However, the game has changed. Defense attorneys will allege that reasonable doubt could be shown if only they could present as evidence the NSA data most people believe exists. Juries will more likely find for the defendant, then. Or the prosecutors will claim the opposite. The turmoil in courtrooms will fuel a groundswell of support for declassifying the NSA data.