5 ms·

Too late...

alkonaut 9y ago
Raiding has to come with a sufficient reason for those raided to believe the raiding party already has at least a portion of the material, either obtained through interception or inside sources. The idea is that the people being raided will hand over as much as possible because it’s in their own best interest - knowing that anything they don’t produce may be in the material already obtained, making them liable for destroying it. A late and preannounced raid without any material obtained beforehand is useless. (It should be noted that there is no need to actually obtain any material if you can make the people raided believe you have some of the material)
- TAForObvReasons 9y ago
  The legal term for the phenomenon is "spoliation": https://en.wikipedia.org/wiki/Spoliation_of_evidence https://en.wikipedia.org/wiki/Spoliation_of_evidence
- TomK32 9y ago
  Didn't know that. Thank you.
  - alkonaut 9y ago
    I’m not sure this is the case here. It may well be that in this case they are going for a fruitless search for material destroyed days ago. But at least I hope they are more clever than that.
- pyjammas 9y ago
  How much of that relies on the raided party to have a desire to remain in business and to avoid criminal charges? I can't help but feel that those individuals who really 'matter' in this situation have insulated themselves appropriately from CA as a corporate entity that whatever happens to CA specifically is just a minor inconvenience.
jonhendry18 9y ago
They may have deleted the data, but missed mentions of the data, or conversations that imply the use of such data, in internal emails, etc.
rsynnott 9y ago
Ultimately, this is a company founded by Bannon, who’s nearly as good at hiring The Best People (TM) as Trump is (see Milo, for instance). These are not the world’s smartest people. Even if they did decide to indulge in a bit of illegal destruction of evidence, there is every chance they would fuck it up. And destruction of evidence is probably not as common as people think in these cases; it’s a huge risk.

Too late...

Raiding has to come with a sufficient reason for those raided to believe the raiding party already has at least a portion of the material, either obtained through interception or inside sources. The idea is that the people being raided will hand over as much as possible because it’s in their own best interest - knowing that anything they don’t produce may be in the material already obtained, making them liable for destroying it. A late and preannounced raid without any material obtained beforehand is useless. (It should be noted that there is no need to actually obtain any material if you can make the people raided believe you have some of the material)

TAForObvReasons 9y ago
The legal term for the phenomenon is "spoliation": https://en.wikipedia.org/wiki/Spoliation_of_evidence https://en.wikipedia.org/wiki/Spoliation_of_evidence
TomK32 9y ago
Didn't know that. Thank you.
- alkonaut 9y ago
  I’m not sure this is the case here. It may well be that in this case they are going for a fruitless search for material destroyed days ago. But at least I hope they are more clever than that.
pyjammas 9y ago
How much of that relies on the raided party to have a desire to remain in business and to avoid criminal charges? I can't help but feel that those individuals who really 'matter' in this situation have insulated themselves appropriately from CA as a corporate entity that whatever happens to CA specifically is just a minor inconvenience.

jonhendry18 9y ago

They may have deleted the data, but missed mentions of the data, or conversations that imply the use of such data, in internal emails, etc.

rsynnott 9y ago

Ultimately, this is a company founded by Bannon, who’s nearly as good at hiring The Best People (TM) as Trump is (see Milo, for instance). These are not the world’s smartest people. Even if they did decide to indulge in a bit of illegal destruction of evidence, there is every chance they would fuck it up. And destruction of evidence is probably not as common as people think in these cases; it’s a huge risk.