21 ms·
The trick of course is that the malware can't be traced back to the police. Otherwise, the parallel construction narrative vanishes, as well as potentially a b
by bb88 4y ago
The trick of course is that the malware can't be traced back to the police. Otherwise, the parallel construction narrative vanishes, as well as potentially a bunch of previous convictions that were constructed using the same technique -- At least until the conservative supreme court neuters the 4th amendment.
This needs to be the case of course, unless you support law enforcement agencies doing unlawful actions to get convictions.
- kergonath 4y ago> The trick of course is that the malware can't be traced back to the police Isn't this even more complicated to prove in the case of private bounty hunters, instead of the police?
- 8note 4y agoIsn't the parallel construction narrative that it doesn't matter how you got the information as long as after you get it, you can show a way that you could have gotten it? Even if the method used was illegal, and found to be illegal in court, the evidence is still admissible iirc?
- not2b 4y agoEver read Neal Stephenson's Cryptonomicon? The WW2 part shows a team going through elaborate measures to create a plausible way that the allies can find out what the Germans are up to without revealing that they can read all of their messages. They would tell a submarine to surface at a particular location at a particular time and report what they see, for instance, and the sub crew would have no idea why, to produce a plausible explanation of why some German action was discovered. Parallel construction often means they hide how they got the original information from the court and from the defense.
- rpeden 4y agoThe neat thing is those parts of Cryptonomicon were largely based on things that actually happened: https://en.wikipedia.org/wiki/Ultra#Safeguarding_of_sources https://en.wikipedia.org/wiki/Ultra#Safeguarding_of_sources
- kortilla 4y agoNo, that’s not how it works at all. You use illegally gained information to find other avenues to get evidence that on the surface look ok. For example, you use illegally gained access to messages to find out about a meeting at a particular time. Then when the meeting to exchange contraband is happening, “a concerned anonymous citizen” calls in a tip of suspicious behavior and a patrol cop stumbled onto a bust.
- rocqua 4y agoThe evidence is not admissible. It is considered 'fruit of the poisoned tree'. Parallel construction only works if you can hide the illegal investigation from the court.
- evan_ 4y ago…which is why they work really hard to hide it from the court. That’s the point of parallel construction.