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.
To keep Tor hack source code secret, DOJ dismisses child porn case
131–140 of 142 posts
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#132Earlier quoted context omitted.
The evidence is the evidence. A criminal is a criminal. Someone up this chain of thread was making that point.
And illegal is illegal. The investigation agencies have to make their case within the bounds of the law, they are not above it.
Judge: Did you obtain this evidence illegally? Prosecution: Yes we did, your honor. Judge: Okay, trial on that starts Monday.
No...you'll have to legally make it so the exclusionary rule is not a defense...i.e, the number of times that this is even brought up will inevitably diminish to 0. Admittedly, it does exist, but the legal system tries it damnest to remove gray areas. At the very least, you will need a legal test to prove that the evidence was not manufactured. You know of any?
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#133The 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".
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#134Earlier quoted context omitted.
A federal judge deny qualified immunity? I'm struggling to contain my incredulity. There are instances where cops shot people who were unarmed and attempting to comply, where filmed doing it from multiple angles, and the cops still walked.
There also cases where cops shot people and the cops went to jail, but nobody talks about those. https://slatestarcodex.com/2014/12/17/the-toxoplasma-of-rage...
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#135This is what happens when the net is more important than the fish.
which is pretty crazy, because crimes involving CP are some of the biggest whales that exist in our society.
Producing it is of course another matter.
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#136Earlier quoted context omitted.
No. That does not follow at all. What it means is that the undercover police illegally collecting evidence is convicted, _and_ the child pornographer is convicted.
How do you trust the evidence of someone who you can prove(to the point of conviction) is willing to do illegal things to gather the evidence?
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#137Earlier quoted context omitted.
The only proof you have that it IS evidence is the word of someone who you know is willing to break the rules to secure a conviction.
I thought an evidence was an objective piece of data, not someone's word.
These are _all_ based on someone's word, in a world of Photoshop, text editors, hex editors, scanners and printers, voice synthesis, etc.
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#138Earlier quoted context omitted.
How do you trust the evidence of someone who you can prove(to the point of conviction) is willing to do illegal things to gather the evidence?
The credibility of the police is usually not the main basis of assessing evidence. It's not really that often that the authenticity of evidence is called into question at all. But sure, it could happend.
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#139I think they want to to disclose. I think prosecutors expected that they would be allowed to do so by now. They probably assumed the exploit would have been patched away, or that some better tool would have come allong by this point in time. Id bet good money that this tool is still in active use by some three-letter agency. Should it be discovered or patched before the SOL, its intel value will drop and prosecutions…
That was my thought as well. Especially since they dismissed the case in such a way that they can bring it back later. Might as well use it to collect evidence while they can, and then bring all the charges when the exploit is fixed and it's not useful any more. It sucks that the pervert in the case is going free (for now), but I would guess the experience scared him enough that he won't be doing it again any time so…
Re: To keep Tor hack source code secret, DOJ dismisses child porn case
#140Earlier quoted context omitted.
> The reason we believe the exclusionary rule works so well is that it strikes directly at the incentive structure for the police. That's debatable. Parallel construction seems pretty common. The NSA shares information with the FBI, DEA etc, and then they exploit that information to collect clean evidence. So there's never any mention of NSA help. Of course, that arguably involves perjury. But judges seem pretty OK w…
By "pretty common", you mean, "I've heard of it", right?