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I don't see how the article you linked to [0] indicates a detectable OS in any way shape or form. Rather, the issue is that if it cannot be shown that you do k

by greggyb 12y ago

I don't see how the article you linked to [0] indicates a detectable OS in any way shape or form. Rather, the issue is that if it cannot be shown that you do know the password, then ownership of the drive cannot be determined. Entering the password is equivalent to admitting ownership, and therefore would be self-incriminating. The article indicates that the FBI decrypted one drive and found evidence that it belonged to Feldman: >According to the order (PDF), after devoting “substantial resources” in the case, FBI agents apparently have been able to decrypt one of the drives. The government argued that because it had found “numerous files which constitute child pornography,” “detailed personal financial records and documents belonging to Feldman,” and “dozens of personal photographs of Feldman," Feldman therefore has “access to and control over” the set of drives. Edit: Forgot link. [0]http://arstechnica.com/tech-policy/2013/05/28/in-reversal-judge-orders-child-porn-suspect-to-decrypt-hard-drives/ http://arstechnica.com/tech-policy/2013/05/28/in-reversal-ju...

pooper 12y ago
In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? What can the defense do in a situation where the prosecution plants an identical storage device (hard disk drive, ssd, flash drive) that contains cp specimen? Does the judge simply take prosecution's word? If so, why can't they just take the defense's word that they don't know the password?
- tedunangst 12y ago
  During cross examination, the defense attorney can ask "Did you plant this evidence?" Alternatively, the defendant can take the stand and declare that they don't know the password and the porn isn't theirs. Then the jury decides who to believe.
- dragonwriter 12y ago
  > In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? The judge doesn't have to trust the evidence, the judge just allows the prosecution to present it, and allows the defense to present whatever they have to rebut it, including challenges to its provenance, counterevidence, etc.

by greggyb 12y ago

pooper 12y ago

In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? What can the defense do in a situation where the prosecution plants an identical storage device (hard disk drive, ssd, flash drive) that contains cp specimen? Does the judge simply take prosecution's word? If so, why can't they just take the defense's word that they don't know the password?

tedunangst 12y ago
During cross examination, the defense attorney can ask "Did you plant this evidence?" Alternatively, the defendant can take the stand and declare that they don't know the password and the porn isn't theirs. Then the jury decides who to believe.
dragonwriter 12y ago
> In an adversarial judicial system, can a judge trust the prosecution to not tamper with digital evidence? The judge doesn't have to trust the evidence, the judge just allows the prosecution to present it, and allows the defense to present whatever they have to rebut it, including challenges to its provenance, counterevidence, etc.