3 ms·

If I put laxatives in my drink because I am having digestive issues, and someone steals my drink I don't think that's illegal. If I choose to store exploits on

If I put laxatives in my drink because I am having digestive issues, and someone steals my drink I don't think that's illegal. If I choose to store exploits on my own device and someone steals it from me and runs it through a forensic tool that can't handle the files, that's not on me either. At a minimum, the vulnerabilities should introduce doubt as to whether or not the capture is a forensically sound copy. There are too many variables otherwise. For instance, who is to say that some previous device didn't exploit the vulnerabilities?

asddubs 5y ago
are you arguing about what the law should be or what the law actually is?
- deleted 5y ago
  [deleted]
- batch12 5y ago
  I have not seen anyone state what the law actually is. Just a lot of FUD about what I am not allowed to do with my device. If you are a lawyer and can break down what I got wrong and why, I am happy to listen.
- salawat 5y ago
  What the law is can't be realistically argued. What the law is is a function of what a prosecutor, jury, and judge collectively are willing to let a conviction go forward on. This is what bugs me about common law. You can't take a statute at face value anymore once a sufficient amount of case law comes into the picture, and there is no active effort to reconcile the original statute with the reality of the case law it spawns.
PeterisP 5y ago
Intent matters. If the court (it's not that a laxative issue is likely to come to a full court, but still) believes that you did actually put laxatives in your drink because of your digestive issues, then that's legal, but if they get convinced that you did it with the intent to mess with your coworker, then the exact same action is illegal. In a smilar manner, if the court considers it plausible that you did just happen to have that file among various exploits that you store there for a specific reasonable purpose, then that would be legal, but it is illegal if the court considers it likely that you placed the exact same file there with the intent that it will destroy evidence - perhaps based on some other evidence, such as your online discussions on this topic and the timestamps of downloading and placing that file in relation to whatever other crime they are investigating. Yes, there are many variables in play, but it doesn't make the problem undecidable, if it comes to court, your lawyer and the prosecution will point to them and the jury will decide.

asddubs 5y ago

are you arguing about what the law should be or what the law actually is?

deleted 5y ago
[deleted]
batch12 5y ago
I have not seen anyone state what the law actually is. Just a lot of FUD about what I am not allowed to do with my device. If you are a lawyer and can break down what I got wrong and why, I am happy to listen.
salawat 5y ago
What the law is can't be realistically argued. What the law is is a function of what a prosecutor, jury, and judge collectively are willing to let a conviction go forward on. This is what bugs me about common law. You can't take a statute at face value anymore once a sufficient amount of case law comes into the picture, and there is no active effort to reconcile the original statute with the reality of the case law it spawns.

PeterisP 5y ago

Intent matters. If the court (it's not that a laxative issue is likely to come to a full court, but still) believes that you did actually put laxatives in your drink because of your digestive issues, then that's legal, but if they get convinced that you did it with the intent to mess with your coworker, then the exact same action is illegal. In a smilar manner, if the court considers it plausible that you did just happen to have that file among various exploits that you store there for a specific reasonable purpose, then that would be legal, but it is illegal if the court considers it likely that you placed the exact same file there with the intent that it will destroy evidence - perhaps based on some other evidence, such as your online discussions on this topic and the timestamps of downloading and placing that file in relation to whatever other crime they are investigating. Yes, there are many variables in play, but it doesn't make the problem undecidable, if it comes to court, your lawyer and the prosecution will point to them and the jury will decide.