Monday, October 6, 2014

Nerd News: "Silk Road Lawyers Poke Holes in FBI’s Story"

Brian Krebs has an interesting article up,  http://krebsonsecurity.com/2014/10/silk-road-lawyers-poke-holes-in-fbis-story/, about the trial of alleged leader of Silk Road.

Short version, government's explanation for how they found the hidden servers appears to be BS.

This seems like they are hiding real way & means that they discovered the information.

Which, though IANAL, isn't legal as I understand it, in US Trials, there is a step called "Discovery" see http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery.html & http://en.wikipedia.org/wiki/Civil_discovery_under_United_States_federal_law.

So unlike TV or Movie Courtroom drama, there isn't surprise evidence introduced in the middle of the trial.

There are several reasons why information isn't supposed to be hidden during Discovery.

Discovery reduces wasting time, Judges generally have more cases than they can get to in any given time period, so as a practical matter, parties are encouraged to settle before Court date.

It also reduces some types of false testimony & evidence, or at least makes it easier to illuminate that it is occurring.


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