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The Magic Cafe Forum Index » » Not very magical, still... » » Your Laptop is Not Your Mind, Says Judge (0 Likes) Printer Friendly Version

panlives
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2087 Posts

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"If you think of your personal computer as almost an extension of yourself, a recent federal court ruling in Colorado sounds a little disturbing.":

http://blogs.discovermagazine.com/80beat......beats%29
"Is there any point to which you would wish to draw my attention?"
"To the curious incident of the dog in the night-time."
"The dog did nothing in the night-time."
"That was the curious incident," remarked Sherlock Holmes.
gdw
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Posted about this a while ago. Sad and frightening.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
gdw
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It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
MobilityBundle
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Las Vegas/Boston
120 Posts

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Now there's a shocking development. Stay tuned for the prosecution to move to treat this as a spoliation case. Under the doctrine of spoliation, the court may instruct the jury to infer reasonably negative implications from the fact that the defendant can't decrypt the hard drive. Or in the context of the case, the prosecution may say to the jury, "We know the incriminating documents are on the hard drive, but the defendant has encrypted it and won't tell us the password, despite being ordered by the court to do so. But you and I both know they're there, and the court will allow you to assume they're there in reaching a verdict."

Whether to treat this as spoliation is an interesting question though. Classic spoliation involves shredding or otherwise conveniently losing documents during an ongoing case. There are numerous distinctions, of course, so it might be interesting to see what happens.
gdw
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So assuming guilt then?
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
MobilityBundle
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120 Posts

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Not quite, but close. Presuming (... not assuming) whatever *reasonable* inferences that could have been made from the missing evidence. But for sure, those inferences are cast in the light least favorable to the defendant, and can go a long way in establishing guilt.

To be sure, that's only if the prosecution succeeds as characterizing this as a case of spoliation, which is by no means a foregone conclusion. Just a natural next step.
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