Re:Court has confirmed coordinated raids of Zwiebelfreunde i...
by namibj on Thursday August 23, 2018 @12:07PM
(#17828403)
Force the police to prove that they deleted the results of the analysis, I assume. And yes, if they'd get to that point, the police would need to produce a watertight audit trail. Depending on how much will there is to actively fight back, possibly in retailiation to discourage further breaches of procudure, they might be able to archive a lot due to the disconnection from national security and the legal standing they have on this. Also, German courts usually order looser pays all. As Attorney fees are capped according to some tables, in relation to the sum being fought over, this usually isn't a problem. You don't get interest back though.
[ Parent
| on HN ]
Re:Court has confirmed coordinated raids of Zwiebelfreunde i...
by yasp on Thursday August 23, 2018 @02:47PM
(#17829666)
How do you prove that you deleted something?
Re:Court has confirmed coordinated raids of Zwiebelfreunde i...
by garmaine on Thursday August 23, 2018 @03:55PM
(#17830219)
Prove means something differently here. You subpoena records and get every damn email, piece of paper, SMS, meeting transcript, etc. related to the computers. You get invoices from contractors who worked on it. You subpoena the people involved and establish exact timelines of what everyone did, and when.
If these records are incomplete, the judge decides against the police with prejudice.
If the records are complete and there isn’t indications they copied the data and performed analysis entirely off the books, then we say that we’ve proven analysis didn’t happen.
Re:Court has confirmed coordinated raids of Zwiebelfreunde i...
by foepys on Thursday August 23, 2018 @02:52PM
(#17829694)
You can't, unless very specific measures were taken beforehand (which doesn't happen normally). You need to testify under oath that you did and the other side needs to hope that the punishment for lying under oath is worse for you than the consequences for them when it wasn't deleted.
Re:Court has confirmed coordinated raids of Zwiebelfreunde i...
by namibj on Thursday August 23, 2018 @05:34PM
(#17830879)
Paper trail of where it could have ended up maybe? And I mostly mean that if the testifying human isn't impartial, he would require physical evidence to corroborate his testimony, despite the oath.
The reason being sufficient examples and even game-theoretic arguments (mind you, these are 'nerds', they can find someone well-versed in game theory if needed) show a lack of (expected) trustworthiness of a non-corroborated testimony of such a human.