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You are relying on special knowledge and understanding so it’s simple to you. It’s not necessarily simple to the 70 year old grandmother sitting on a jury. Do
by kcplate 5y ago
You are relying on special knowledge and understanding so it’s simple to you. It’s not necessarily simple to the 70 year old grandmother sitting on a jury. Does she understand what Morse code is, probably. Can she create an equivalence between Morse code and Base64? Well that is what a defense attorney has to do now, ain’t it?
But all of that still doesn’t matter if that reporter was in possession of data he was not authorized to have and the law prohibits that . So what you have is decoded data in possession by someone who wasn’t allowed to have it but could be valid for him to have possession if it was encoded. If that is the way the law is written or the jury instruction is given…it’s a hill for the defense to climb.