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Unfortunately that post claims to be the first of a series, but the series doesn't (yet) seem to continue. It's easy to see both sides of the decision to presu
by tialaramex 3y ago
Unfortunately that post claims to be the first of a series, but the series doesn't (yet) seem to continue.
It's easy to see both sides of the decision to presume or not presume that machines work - we should like somehow to explain that on the one hand it's unlikely that without his intent Jim's iPhone sent Gemma a series of messages threatening to rape her, and so we shouldn't need to drag Apple engineers into court to convict Jim - but then on other hand it's far from certain that this bank database which says I made 590 cash withdrawals in sixteen minutes is correct, more likely a bug duplicated a single withdrawal I made, and we should require the bank to produce evidence otherwise if they insist I made these withdrawals.
I can imagine that smart lawyers motivated by some real world examples and assisted by independent software engineers could come up with a general formula for courts, something a bit larger than either the old rule or the new one, but still relatively pithy. Whether a government would ever make time to do that work is another question.
- bazzargh 3y agoHe does have a new article today about this scandal in Prospect magazine. https://www.prospectmagazine.co.uk/ideas/law/64464/post-office-scandal-mr-bates-law https://www.prospectmagazine.co.uk/ideas/law/64464/post-offi...