News for hackers. Stuff that matters.
Re:Apple’s new abuse prevention system: an antritust/competi... by int_19h on Friday August 06, 2021 @11:04PM (#28095320)
The worst thing about it is that CP possession is a strict liability crime in most jurisdictions. Meaning that prosecution doesn't have to prove intent - if they can find it on your machine, you're guilty regardless of how it got there.
Re:Apple’s new abuse prevention system: an antritust/competi... by ostenning on Saturday August 07, 2021 @04:25AM (#28096894)
But for any serious charge you need indisputable evidence, and usually lots of it, usually the threshold is quite high.. But in the United States the system is insane so I could be wrong
Re:Apple’s new abuse prevention system: an antritust/competi... by himinlomax on Saturday August 07, 2021 @05:18AM (#28097129)
All the evidence required is that it is there.

Does not matter if someone else put it there without your knowledge. Or maybe it matters, but then it's on you (for all intents and purposes) to prove that it was without your knowledges.

Re:Apple’s new abuse prevention system: an antritust/competi... by alisonkisk on Saturday August 07, 2021 @08:55AM (#28098244)
The punishment for strict liability is much lower than for the same act with intent.
Re:Apple’s new abuse prevention system: an antritust/competi... by intricatedetail on Saturday August 07, 2021 @09:41AM (#28098514)
It's still essentially a death sentence if you are innocent.
Re:Apple’s new abuse prevention system: an antritust/competi... by anonuser123456 on Friday August 06, 2021 @11:45PM (#28095501)
In criminal law you must be aware of an item for it to be under your possession. If someone plants illegal content on your computer, and you are unaware, you aren't legally in possession.
Re:Apple’s new abuse prevention system: an antritust/competi... by int_19h on Saturday August 07, 2021 @12:58AM (#28095828)
"Typically in criminal law, the defendant's awareness of what he is doing would not negate a strict liability mens rea (for example, being in possession of drugs will typically result in criminal liability, regardless of whether the defendant knows that he is in possession of the drugs)."

https://www.law.cornell.edu/wex/strict_liability

Re:Apple’s new abuse prevention system: an antritust/competi... by anonuser123456 on Saturday August 07, 2021 @12:59PM (#28100062)
Note the word 'typically'.

The purpose of strict liability in possession is to prevent the defense that someone does not know the legal status of an item in their possession. It does NOT prevent the defense that someone does not _know_ something to be in their possession.

For example, it is not a defense to have drugs and claim "but I didn't know they were illegal". It is a defense to claim "I did not know they were there."

In drug cases with actual possession, it is difficult to support a defense of "I didn't know they were there", which is why charges typically result in criminal liability. They drugs were physically on you, and unless you have evidence that someone planted them, it is unlikely you could establish reasonable doubt.

But in cases of electronic material for networked devices, there is most certainly an affirmative defense to counter actual possession and constructive possession. Computer devices are hacked all the time, and network & device logs exist. For example, if a prosecutor agrees to the fact that a defendant had no knowledge of the material, a judge would toss the case and a jury would not convict you. The law is not meant to pedantically convict you of non-crimes.