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Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by kstrauser on Saturday August 19, 2023 @07:39PM (#37194476)
I’d think defense attorneys would be all over that. “We’re suppose to take some ‘hacking company’’s word for it that they’re doing everything forensically correctly, and the prosecution expects us to just trust them?”

Were I such an attorney, I’d campaign to taint the reputation of Cellebrite and make the evidence it generates completely untrustworthy.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by solarpunk on Saturday August 19, 2023 @07:58PM (#37194607)
All the ammunition you need for the last part is right here: https://signal.org/blog/cellebrite-vulnerabilities/
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by saagarjha on Saturday August 19, 2023 @08:16PM (#37194710)
This is quite frankly a farce of a PR stunt. “Oops we hacked the UFED we stole” is not going to fly in any reasonable court. There are proper ways to get evidence thrown out and trying to use the most petty way possible since it sells well is not it.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by yyyk on Saturday August 19, 2023 @10:42PM (#37195561)
It's way dumber than a PR stunt.

Plenty of Signal users live in totalitarian dictatorships, where the law doesn't care if you're actually guilty. Even in democracies the situation isn't great. "We're planting incriminating evidence on your phone" should lead to mass uninstall of Signal.

Except nobody really believes they did that. Signal would be banned from all App Stores, and moxie would go to jail on so many charges. It's one of those nerd law ideas where 'you can't 100% prove it' is the golden defence except it isn't really - the law can call a bluff, especially when millions of users and multiple app stores already did. It says reasonable doubt, not any doubt.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by buzer on Saturday August 19, 2023 @07:59PM (#37194620)
Somewhat similar thing does happens often with DNA evidence. Prosecution submits evidence where report was generated in proprietary software and company's employee testifies that the result is correct & tell the chance of false positive is 1 in 10 billion. Defense asks for access to source code to validate the claims and company says they are trade secrets & judge decides to not grant access and does not dismiss the evidence.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by rolph on Saturday August 19, 2023 @08:13PM (#37194696)
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by vondur on Saturday August 19, 2023 @09:46PM (#37195226)
Ha. I got to see Dr. Mullins speak back in University. Fascinating guy.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by rolph on Sunday August 20, 2023 @12:23PM (#37200573)
a diss in jest, an d demonstrating a possible court tactic.

yes that was a very colorful person.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Crontab on Saturday August 19, 2023 @10:35PM (#37195525)
I have wondered if there are matches between different people in DNA databases and, if so, how often is happens.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by scheme271 on Sunday August 20, 2023 @12:17AM (#37196084)
Depends on the lengths of the sequences being compared but the birthday problem indicates that it's more common than you'd expect.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by tomatocracy on Sunday August 20, 2023 @08:52AM (#37198646)
At the very least there will be identical multiple births in some of them.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Fatboyrunning on Saturday August 19, 2023 @08:19PM (#37194732)
Let's say you're charged.

They seize your phone and pull photographs, text messages, messenger logs, maps data, etc. The messages are inculpatory.

What do you want to say? That the extraction method is unreliable, that the Police have incorrect logs? Imply that the text messages have been extracted with errors, somehow?

That simply isn't the case. The data extracted is both reliable and probative. This is a copy and paste.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by CameronNemo on Saturday August 19, 2023 @08:29PM (#37194777)
The data extracted is both reliable and probative. This is a copy and paste.

Debatable.

https://signal.org/blog/cellebrite-vulnerabilities/

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by alluro2 on Sunday August 20, 2023 @12:16AM (#37196080)
Ouch, that's pretty nasty.

Also, I couldn't help but be amused by cheekiness:

"By a truly unbelievable coincidence, I was recently out for a walk when I saw a small package fall off a truck ahead of me. As I got closer, the dull enterprise typeface slowly came into focus: Cellebrite. Inside, we found the latest versions of the Cellebrite software, a hardware dongle designed to prevent piracy (tells you something about their customers I guess!), and a bizarrely large number of cable adapters."

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by heavyset_go on Saturday August 19, 2023 @08:34PM (#37194814)
Chain of custody matters and if there's an untrustworthy link in that chain it calls into question the validity of the evidence itself.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Kostchei on Sunday August 20, 2023 @03:33AM (#37196988)
sure, but if the phone company says there was an sms, when you open the phone it looks like there is an sms, and cellebrite extracts one, which you then present in a nice power point to the court... then your accusation as to tapering with the evidence and where in the chain of custody it occurred had better be good, or all you are going to do is annoy the court (as someone with dozens , maybe hundred+, of cellebrite reports in various court records) This is what armchair lawyers tend to forget, especially coders tend to forget. The law is not code. The judge is not a complier. When the law does not represent reality (this guys sells drugs and uses his phone to do it being a common reality) , then it becomes news-worthy.

But normally people just look at the reality and go "oh yes, this tool extracts the stuff on a phone and turns it into a pdf/html, how convenient". 99.99% of the time, the time a drug dealer alleging he has no knowledge of the 100's of deals on his phone is about as realistic as your 5 year old nephew with cake smeared on his face denying he ate the last bit of cake... and is treated as such. Should the act of selling drugs be a crime?- completely different topic.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by ClumsyPilot on Sunday August 20, 2023 @05:03AM (#37197382)
We have inprisoned 600 people in britain because electronic errors of transactions contained mistakes.

You cannot assume a random company's tech works reliably without any proof, if someone's life is at stake. If yhry have cloud upload shenanighans they could be mixing up records of different people.

Evidence from a network probider is a completely different matter, but if SMS records are enough you would not need this crap.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by kstrauser on Saturday August 19, 2023 @08:47PM (#37194884)
I don’t believe that’s the case at all. Cellebrite uses shady techniques kept in a black box. I see no reason to believe that it’s reliable at all. They’ve giving zero reasons to.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by sweetjuly on Sunday August 20, 2023 @01:40AM (#37196435)
Try your hand with this next time you're arrested and have your phone dumped, I guess. Tons of police departments across the US use them and so many courts have accepted data extracted from devices.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by brenns10 on Sunday August 20, 2023 @02:28AM (#37196717)
People have been let off for crimes they obviously committed because the rock-solid evidence against them was illegally gathered or handled. I assume that's the sort of argument that should be leveled here: your evidence is illegal, you can't include that.

And I believe that's what the argument against secrecy with these systems is. How can you know whether legal lines have been crossed if the system is shrouded in secrecy?

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @08:22PM (#37194740)
>“We’re suppose to take some ‘hacking company’’s word for it that they’re doing everything forensically correctly, and the prosecution expects us to just trust them?”

You'd be surprised. The courts are not scientific debate arenas. Burn forensics? Pseudoscience. Bite mark forensics? Pseudoscience. Lots of DNA-based forensics? Totally unreliable. Firearms ballistics forensics? Laughable pseudoscience. Polygraph tests? Laughable pseudoscience. Field sobriety tests / "drug recognition expert" certifications? Lol, lmao even.

All of this nonsense has been successfully used to convict people in court. Turns out, putting someone with PhD after their name or a white lab coat or a phony certification on the stand tends to work for prosecutors.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by sgarland on Saturday August 19, 2023 @08:30PM (#37194783)
How is ballistics forensics unreliable? Genuinely curious, I’ve never heard that.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by adgjlsfhk1 on Saturday August 19, 2023 @08:40PM (#37194840)
Some of it (e.g. what bullet type) is real, but angles and distances are largely impossible to reliably.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @08:46PM (#37194879)
It’s pretty much just complete non-replicable BS. The claim is that the rifling on gun barrels differs from gun to gun, and that they can examine grooves made in the bullets by the rifling and compare them to other rounds shot through the same barrel and find a match. It doesn’t stand up to independent scrutiny, and I would imagine that with modern machining the gun to gun differences in rifling on the same mass produced guns are minimal. Perhaps there are differences in fowling in well-used guns, but the notion that they’re gonna match a flattened bullet to a specific barrel is ridiculous. Basically a few kooks across the country wear white coats and claim that they can do this “science” and prosecutions pay them to be expert witnesses. Juries eat it up. It’s really nuts.

The only legitimate analysis they’re doing is ammo brand matching. “Hey, there was a Sellier & Bellot 380 Auto casing at the murder scene. The suspect had S&B 380 in his gun safe. We got him.”

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Modified3019 on Sunday August 20, 2023 @12:31AM (#37196143)
This reminds me of another bit of psudeo-science bullshit, claims that bullet wounds can be matched to close bullet size, like saying someone was hit by a 9mm vs .45 cal vs .40 cal if there is no bullet to recover.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by AnthonyMouse on Sunday August 20, 2023 @05:03AM (#37197381)
You should see the games they play with statistics.

Find some 1 in 1000 match. Find another 1 in 1000 match. Claim they're independent, so the chances of both of these are 1 in a million.

What they don't say is that there are 5000 things you can test that each have a 1 in 1000 chance, so you should expect to find ~5 at random if you test them all. The 1 in a million chance is if you choose 2 of the 5000 at random, test only those and they both match; not if you systematically run tests that only notify you when they find one of the matches.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by trowawee on Saturday August 19, 2023 @08:51PM (#37194910)
Radley Balko has a great overview on the fundamental flaws with ballistics forensics[1]. The tl;dr is that the core claim of ballistics forensic analysis, that it is possible to reliably differentiate between two models of the same gun using just casings and shells fired from those guns, has never been proven to be valid.

[1]: https://radleybalko.substack.com/p/devil-in-the-grooves-the-...

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by klabb3 on Saturday August 19, 2023 @09:46PM (#37195223)
Great read, had no idea it was so incredibly bad! Definitely like pseudo-science, with extremely poor reproducibility. And a lot of dishonest massaging of words to make it seem much more certain than it is, benefiting the prosecution only. Imagine being innocent and having an “expert” take the stand and say it’s a “practical impossibility” that the bullet was fired from any other gun. The analogy with the tarot cards seems appropriate.

Seems like markings can be exculpatory at best, for instance that casings or bullets clearly don’t match, but that the “unique markings” of an individual barrel is complete BS, especially with precision mass production of modern firearms. But in practice, it seems to rarely exonerate suspects, even if the evidence exists.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by zer8k on Saturday August 19, 2023 @09:08PM (#37195000)
There's really no way to relate rifling/etc to a specific gun. Unless it was forged in some bespoke process that can also be accessed and replicated the rifling pattern will look like 100,000 different guns. Other analysis is also bunk (blood spatter, gunpowder stuff, etc). Ammo matching can provide circumstantial evidence but is likely defeated by just shutting your mouth.

Most criminals subject to this are probably caught because they loaded the magazine without gloves and left a fingerprint on the casing that gets completely etched into it on firing. Or, you know, police do actual police work and pressure the right people into narc'ing on the suspect.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by alsetmusic on Saturday August 19, 2023 @08:46PM (#37194877)
Polygraph is inadmissible in court. It’s used for interrogation as a prop.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @08:57PM (#37194931)
The US Federal government still uses polygraph in the security clearance process today. In 2013, they indicted several people for teaching others how to beat the test. Here’s the DOJ press release (prepare to lose brain cells):

https://www.justice.gov/opa/pr/owner-polygraph-indicted-alle...

Clearly our government and legal system think highly enough of the technique to include it in interview processes. The NSA even has an entire production video rebuking the criticisms of polygraph. It’s not just a tool (in the eyes of the government) used to trick dumb criminals into spilling the beans.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by zer8k on Saturday August 19, 2023 @09:04PM (#37194985)
Not a justification and only pure speculation but what if there's another reason? You can't think that the NSA and CIA are stupid. They know its bunk science that has been disproven 1,000 times over. But the psychological effects of being on the machine are very, very measurable.

Perhaps its being used as a tool to evaluate a person in other ways. For example, you're generally not arrested for admitting to crimes like smoking weed or stealing candy bars from a gas station. But admitting to crimes, or morality divergence (such as adultery), can mean with enough effort a smart intelligence organization could manipulate you.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by judge2020 on Saturday August 19, 2023 @09:17PM (#37195052)
They're not stupid but they have to maintain the shroud of "this works", both internally and externally, lest the word get out that "the intelligence community doesn't even believe in their own polygraphs"
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @09:46PM (#37195221)
They don’t have to maintain anything. Admit it was a stupid practice and stop doing it. Maintaining appearances makes them look dumb AND stubborn AND unwilling to admit prior mistakes. Yeah, sign me up.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by mewpmewp2 on Saturday August 19, 2023 @10:05PM (#37195339)
Interview process and courts are different though. If it is used as a vetting tool it would not be a big deal if it scores a false positive if it at the same time is able to identify at least some positives. If you have enough candidates certain accuracy may be worth it.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by vlovich123 on Sunday August 20, 2023 @07:16AM (#37198071)
So Ouija boards, astrological sign analysis, and a random number generator should be on the table too right? After all, if it identifies at least some true positives...
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by pomatius on Monday August 21, 2023 @05:52PM (#37215835)
Talking about the interview process...I know you are talking about suspect police interviews, but job interviews is another space where crackpot pseudo-science and shit propietary tech such as IA pre-screening have a prominent say as well, for the worse
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Spooky23 on Sunday August 20, 2023 @01:54AM (#37196507)
What does “this works” mean? You’re assuming it means to detect lies. Perhaps that’s not the value it brings.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by pc86 on Sunday August 20, 2023 @10:12AM (#37199319)
The reason they're doing it is because it's national security and espionage. It's objectively better to deny 1,000 solid applicants because of something on a polygraph doesn't look right than to allow in one foreign agent, at least that's the idea. So they add this filter, it will filter out some good people but maybe it'll filter out a bad one or two. That one or two makes it worth it in their eyes.

It has nothing to do with "maintaining the shroud of 'this works'" because it does work for the purpose they have. It doesn't need to be 100% accurate or admissible in court.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @09:06PM (#37194993)
> You can't think that the NSA and CIA are stupid

Au contraire

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by ch4s3 on Sunday August 20, 2023 @12:09AM (#37196054)
You’d be surprised what you can’t get a man of Yale to believe when honor is on the line.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by boomboomsubban on Sunday August 20, 2023 @01:37AM (#37196415)
Or the intelligence agencies use it as an excuse to deny anyone employment at any time. Particularly as much of the intelligible community faces fairly routine tests.

Showing any signs of discontent? Wow, you failed your polygraph, so you no longer have the security clearance to do your job.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by judge2020 on Saturday August 19, 2023 @09:13PM (#37195030)
As demonstrated in Oppenheimer, security clearance processing is not one where the US Government must obey any court or evidence rules. They can deny secret access for any reason at all.

Did that case against polygraph.com ever go to trial? Sounds like a slam-dunk free speech case, but I imagine the DOJ was willing to settle for anything to avoid that being fought in open court.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by hiatus on Sunday August 20, 2023 @08:03AM (#37198309)
It did, the defendant was sentenced to two years. https://www.lawfirmofoklahoma.com/blog/polygraph-com-owner-s...
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by oceanplexian on Saturday August 19, 2023 @09:21PM (#37195077)
One of the major reasons I would never work in defense. If I have to prove my worthiness to a clearance system that’s not far off from witchcraft and magic spirits, yeah, I’m gonna pass. Good luck finding intelligent people to work that kind of job.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @09:44PM (#37195207)
Agreed. Don’t mind them talking to my former neighbors or doing forensic accounting on my bank accounts to make sure I’m not a foreign adversary. Definitely do mind being strapped to polygraph and being forced to pretend that it’s not a complete waste of time for everyone involved. They’re filtering far more smart people than they’re filtering dummies who don’t know the device is just a prop. Can’t make stupidity a part of the hiring process when you’re offering government salary bands.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by jvanderbot on Saturday August 19, 2023 @10:31PM (#37195493)
I managed a group of very intelligent programmers with the highest clearance available, including taking polygraphs regularly.

They know it's just part of the system, and the routine.

These folks have a slightly different mindset, and, I think, view procedures as important to weed out people who might cut corners, lean into their ego (how dare they make ME take a polygraph), or be careless with information. A nice side effect of this process is it selects for humility, openness, and conscientiousness.

And they view the work they do as hugely important for the security of their nation. Including those who laugh at them for their chosen profession.

They were some of the most professional, conscientious, diligent, and excellent technologists I've ever worked with. Definitely on par with anyone at FAANGs or startups that I've work in.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by foooorsyth on Saturday August 19, 2023 @11:01PM (#37195664)
>A nice side effect of this process is it selects for humility, openness, and conscientiousness.

Or perhaps it selects for submissive, controllable automata that will go along with anything, with no limit on absurdity. Your rationalization of this stupidity is embarrassing.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by jvanderbot on Saturday August 19, 2023 @11:20PM (#37195782)
You're entitled to that opinion, and I don't think it's a great system, but I think it's not the lunacy you're implying. Military life, for example, involves a lot of bullshit routines, which have ancillary benefits of creating discipline and coherent mindset. I don't mind disagreeing about how good or bad this is.

But I do want to dispell the idea that people are less intelligent, less capable, or somehow mindless just because they disagree with you about this (Or OP), and choose to be part of it.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by iosystem on Sunday August 20, 2023 @04:05AM (#37197118)
Being skilled != being intelligent
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by jvanderbot on Sunday August 20, 2023 @10:11AM (#37199315)
Not sure what you're implying or responding to, but that _is_ why I listed capable and intelligent separately.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by flextheruler on Saturday August 19, 2023 @11:44PM (#37195909)
I don’t believe that’s an accurate representation of the situation on either side
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by bigDinosaur on Sunday August 20, 2023 @08:57AM (#37198678)
I'm sure they were technically brilliant, but it really sounds like it was weeding out people who would not be compliant. It's a small jump from that to realise it's most likely weeding out people who have 'egos' that might make them object to morally dubious orders. Arbitrary requirements (like polygraphs which are literally bunk) are the most classic way to select for compliant people.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by redeeman on Saturday August 19, 2023 @10:37PM (#37195535)
to sibling:

> They were some of the most professional, conscientious, diligent, and excellent technologists I've ever worked with. Definitely on par with anyone at FAANGs or startups that I've work in.

such a shame they choose the most absolute evil actor to use those qualities for. which brings me to

> conscientious

yeah.... I think its pretty much impossible not to know what evil lives openly in those places

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by nukeman on Saturday August 19, 2023 @11:59PM (#37196001)
There are plenty of cleared jobs that don’t do polygraphs. I work for a DOE contractor. Q-cleared, no poly. The vast majority of positions where I am don’t have a polygraph associated with them.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by viciousvoxel on Sunday August 20, 2023 @06:11AM (#37197730)
The vast majority of defense work does not require a polygraph. It's really only a requirement for certain SCI/SAPs which are programs that have their own additional security requirements on top of Top Secret.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by lozenge on Sunday August 20, 2023 @06:06AM (#37197718)
They don't use readings from the polygraph. It's more like a prop they use to try to get to your honest/embarrassing truth.

You can get false confessions on a polygraph interview but you can also get them in a normal police interview eg with the Reid Technique.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by efitz on Sunday August 20, 2023 @12:01AM (#37196015)
Reminds me of the old urban legend about using a photocopier as a polygraph:

https://youtu.be/rN7pkFNEg5c?t=95

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by sdsd on Sunday August 20, 2023 @12:10AM (#37196061)
This is not true. It's a requirement in many states' probations that probationers undergo regular polygraphy. If they fail the polygraph enough times, they get kicked out of state-mandated therapy and are violated.

Thousands of people are in prison right now over failed polygraphs.

In places with strong courts that won't put up with this, probation officers simply tell the therapist to write up the probationer for some other, vague non-compliance issue should they fail enough polygraphs

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by scarface_74 on Saturday August 19, 2023 @11:09PM (#37195704)
Don’t forget that eyewitness testimony is also pseudoscience- especially cross race identification
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by culi on Sunday August 20, 2023 @12:21AM (#37196103)
Hell why not add juries themselves to the list? A widely cited 2011 study[^0] found that the probability of a jury granting parole was around 65% at the start of a session but dropped to nearly 0% right before lunch. After having lunch the probability again jumps to ~65%

What kind of justice system do we have where whether or not people have had lunch is the biggest factor in outcomes?

[^0]: https://www.pnas.org/doi/full/10.1073/pnas.1018033108

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by forrestthewoods on Sunday August 20, 2023 @12:53AM (#37196234)
And yet I bet that study would fail to reproduce so it to is pseudoscience!
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by culi on Sunday August 20, 2023 @01:04AM (#37196286)
Haha that would be fitting, but it's an observational study not an experiment
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by thaumasiotes on Sunday August 20, 2023 @05:00AM (#37197360)
1. The study you link is the famous one about judges. It doesn't mention juries, nor are juries involved in the study.

2. Whether or not people have had lunch is not the biggest factor in outcomes. The most important thing you can read about this study is Daniel Lakens' commentary:

> I appreciate that people have tried to think about which mechanism could cause this effect, and if you are interested, highly recommend reading the commentaries (and perhaps even the response by the authors).

> But I want to take a different approach in this blog. I think we should dismiss this finding, simply because it is impossible. When we interpret how impossibly large the effect size is, anyone with even a modest understanding of psychology should be able to conclude that it is impossible that this data pattern is caused by a psychological mechanism. As psychologists, we shouldn’t teach or cite this finding, nor use it in policy decisions as an example of psychological bias in decision making.

> If hunger had an effect on our mental resources of this magnitude, our society would fall into minor chaos every day at 11:45. Or at the very least, our society would have organized itself around this incredibly strong effect of mental depletion. Just like manufacturers take size differences between men and women into account when producing items such as golf clubs or watches, we would stop teaching in the time before lunch, doctors would not schedule surgery, and driving before lunch would be illegal. If a psychological effect is this big, we don’t need to discover it and publish it in a scientific journal - you would already know it exists.

> I think it is telling that most psychologists don’t seem to be able to recognize data patterns that are too large to be caused by psychological mechanisms. There are simply no plausible psychological effects that are strong enough to cause the data pattern in the hungry judges study. Implausibility is not a reason to completely dismiss empirical findings, but impossibility is.

( https://daniellakens.blogspot.com/2017/07/impossibly-hungry-... )

If you do read the other commentary, it is clear that the reason the rate drops to zero before breaks is that cases are scheduled with an eye toward not running into the break. The 0% grant rate causes the just-before-the-break timing, not the other way around.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by rightbyte on Sunday August 20, 2023 @05:18AM (#37197480)
So, they were measuring that there was zero grants during lunch breaks?
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by michaelt on Sunday August 20, 2023 @06:20AM (#37197769)
The courts don't start a long, difficult case at 11:30, they schedule the difficult case after lunch and fill the time before lunch with simple, slam-dunk cases.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by _gabe_ on Saturday August 19, 2023 @11:19PM (#37195777)
While I appreciate a fair dose of skepticism, why should I trust your claims that these are all pseudoscience as opposed to the people that claim to be experts in those fields? How are you sure that your understanding isn’t simply a dunning Kruger effect and you truly do have knowledge that debunks all these fields?

Once again, I’m skeptical of many supposed sciences as well, but I’m just as skeptical of internet commenters that claim entire fields of expertise and science are all pseudoscience and made up.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by alluro2 on Sunday August 20, 2023 @12:02AM (#37196016)
It should not be about who is presenting the argument, but the weight of the argument itself. For example, for balistics: the debate falls onto whether each individual weapon's barrel would leave a uniquely matching trace that can be analyzed from the fired casing. The argument against this method is that machining precision today is so high that there will be no huge differences between each 2 barrels, that make any match valid as unique and as evidence.

For all the other claims (e.g. polygraph), you can easily search for more information online.

The point is that authority or lack there of should not be a part of your evaluation of the claims, on either side.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by _gabe_ on Sunday August 20, 2023 @08:41AM (#37198544)
I can just as easily make the counter claims to all the proposed areas of pseudoscience and then make the same argument you just did: “it’s not about the authority of the person making the argument, it’s about the weight of the argument itself”. And then I can tell you how you can just look up the counterclaims and find supporting evidence (which you probably can). Just because you can find supporting evidence for your view doesn’t mean it’s right, and I like to know all sides of the story before I make a decision.

The point I’m making is I’m definitely not qualified to analyze all these claims that you’re making in support of these being pseudoscience. Sure your claims sound reasonable, but people also thought the earth being the center of the universe sounded reasonable. The thing I like about hacker news is people usually don’t just make unsubstantiated claims, and when they do they usually get gut checked by opposing views, which is a good thing.

And OP didn’t really make any claims, they just listed a bunch of fields and said they were all pseudoscience. I appreciate the fact that you’re at least giving an explanation as to why it’s not considered science.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by culi on Sunday August 20, 2023 @12:18AM (#37196087)
Well you can just... look them up. Some of these were new to me (e.g. firearm ballistics). But when it comes to stuff like the unreliability of drug tests or bite mark forensics, it's not at all a secret. Any recently published meta analysis would suffice. In fact I'd be shocked if you could find any in support of these methods.

Why put the onus of the work to quote a bunch of articles on the OP when these are all very easily verifiable with a tiny bit of effort

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by doubleg72 on Sunday August 20, 2023 @01:41AM (#37196442)
Drug metabolites are measured repeatedly and precisely, as is a forensic bite analysis . Not sure how you can claim those are unreliable when they are used daily. GC/MS is a good start for drug testing..
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by kelnos on Sunday August 20, 2023 @03:16AM (#37196927)
"Used daily" is not proof of efficacy.

Law enforcement does all sorts of sketchy things in order to get a conviction. Why is it a surprise that they use pseudoscience that juries eat up because they've seen it used in their favorite police procedural TV show hundreds of times?

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by AnthonyMouse on Sunday August 20, 2023 @05:19AM (#37197487)
> Drug metabolites are measured repeatedly and precisely

Drug metabolites are measured repeatedly and precisely, assuming no one mislabeled anything and the machine is well-calibrated and the technicians are honest even though they know who chooses which lab to use and the sample was collected fastidiously and not contaminated with anything.

But drug metabolites aren't drugs. Eat a bagel with poppy seeds and you can test positive for opioids. Take certain decongestants and you can test positive for meth.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by AmVess on Sunday August 20, 2023 @01:36AM (#37196411)
You are right on the money. Many of the tools law enforcement uses are straight up hocus pocus, and they lack the training or ability to question their methods.

New York's main crime lab completely blew DNA testing, and thus rendered all of their results worthless. This went on for many years. Instead of rectifying their mistakes, they swept it under the rug and forgot about it. To this day, thousands of people are in jail based upon wildly incorrect "science".

It is rather unsettling to know that nearly everything the criminal justice system uses is no better than voodoo, and you are not far away from getting thrown behind bars for little more than the whimsy of people who are empowered to do so.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by saghm on Sunday August 20, 2023 @02:25AM (#37196699)
> Many of the tools law enforcement uses are straight up hocus pocus, and they lack the training or ability to question their methods.

I suspect that the real issue is the lack of incentive; it doesn't matter whether they know (or are capable of figuring out) that their science is bunk if there's no consequences for the status quo to continue.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by ClumsyPilot on Sunday August 20, 2023 @05:05AM (#37197395)
> Instead of rectifying their mistakes, they swept it under the rug and forgot about it.

Yeah, that should be a crime. Their fraud led to false imprisonment

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by buran77 on Sunday August 20, 2023 @05:28AM (#37197533)
The pseudoscience of those forensics is powerful because if has a lot of technobabble that make it sound well supported by evidence, and because it can pass as a science to the jury and even judges. The crime series that people eat up rely on dishing that technobabble step by step so the average person feels like they're being educated in detail about something that can apparently be replicated by anyone because "it's science". Science is for everyone and people can peer behind the curtain to see how the sausage is made.

But Cellebrite is unambiguously a private, for profit enterprise. They haven't established themselves as a "science" like authority in the average person's eyes, they actively avoid explaining the processes. They're just a company paid by a customer to deliver what the customer wants. So in the average person's eyes the difference should be obvious: this isn't science, it's not for everyone (just for the Police), and the people are not allowed to peer behind the curtain. And like authorities like to say "honest people don't need to hide things".

So as far as jury trials go there may still be a fighting chance.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by duped on Sunday August 20, 2023 @01:55AM (#37196516)
"Forensics" is pseudo science. Little, if any of the "science" is peer reviewed. And what is is not convincing to anyone who has an undergraduate experience in a chemistry, biology, or physics classroom and lab. Circumstantial evidence is a lot more convincing than physical evidence, but the TV shows convince us otherwise.

There's really no incentive for forensic science to be a science at all, at the end of the day. You're either working for cops, and paid for evidence to convict their suspect, or working for the defense, and paid to convince us the cops are wrong. There's no one paid to tell us what reality we're in.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by j16sdiz on Sunday August 20, 2023 @03:31AM (#37196985)
Peer-reviewed science have less than a hundred years of history.

Even today, Large scale experimental science seldom get review from outside their lab. (Because the lab literally hire every expert in that sub-field)

Calling something "not science" because it is not peer reviewed is just ignorant

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by FridayoLeary on Sunday August 20, 2023 @07:30AM (#37198139)
The entire edifice of modern science is based on the bedrock of every result being reproducible. In fact it is supposedly the only way any discovery becomes acceptable. The fact that it's no longer considered necessary says more about the state of the industry then it does about the reliability of the scientists.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by BugsJustFindMe on Sunday August 20, 2023 @10:17AM (#37199366)
This misses the point. Peer review is just one of many processes that can be used to ensure that good science is more likely to have happened through intentional external analysis and critique. And the idea here is that forensics is not based on good science to begin with, not that lack of peer review is what makes it not good science, but that peer review might have been able to catch the falseness before it entered mainstream judicial use.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by CryptoBanker on Sunday August 20, 2023 @09:24PM (#37204490)
Peer reviewed studies have a roughly 50% replication rate… that’s not ver good either
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by riedel on Sunday August 20, 2023 @04:43AM (#37197280)
It is IMHO a very bad adverse effect of a good thing after all: a world where people decide is probably a better one than one where only science and technology decides (I guess there are enough dystopian novels about this one). The judicial system represents society: I do not think the believe in pseudoscience is any worse or better .

Still there is certainly problems relating to the fact that people without money cannot easily produce counterargument and let "real" scientists present counterhypotheses. Further there are incentives to sell products to law enforcement that produce simple truth (I would by a product from a critical scientist). Also I think it is human rights problem, if states do not have to fully compensate the damages produced by applying known faulty technology as many other actors would have to.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by the-dude on Sunday August 20, 2023 @05:15AM (#37197458)
You forgot about the dogs.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by heavyset_go on Saturday August 19, 2023 @08:32PM (#37194802)
It's your expert witnesses versus the state's, and the state can always outspend you. Judge and juries are going to default to trusting them, as well.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by unstatusthequo on Saturday August 19, 2023 @08:33PM (#37194810)
Defense attorney here. Client of Cellebrite. Look, it’s the gold standard in smartphone processing. What would anyone want to taint something that works well. For BOTH sides. Don’t assume a tool always favors one side. The data is the data. A tool reveals it. Don’t want it found? Don’t use an easily processable app…
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by ISL on Saturday August 19, 2023 @08:49PM (#37194893)
How do we know that the tool doesn't alter the data?
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by arsome on Saturday August 19, 2023 @10:09PM (#37195365)
Or perhaps even more likely - process fake data injected by a malicious 3rd party trying to spoof an app.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by yyyk on Sunday August 20, 2023 @12:02AM (#37196017)
It's a defence often used in CP cases - 'my computer was hacked! I had no idea the computer had CSAM!' - and it always fails. Because hacking is atypical, courts place the burden on the defendant to prove hacking, and there's usually no good way to do that. Same thing here, except the defendant is in an even worse position.

In theory, a CP felon would have reason to generically hack some another computer (since CSAM storage itself is illegal), and desktop OSs are less secure. In the phone case, you likely need to assume a specific criminal conspiracy entirely meant to convict the defendant, one that must involve the police*, and that's an extremely high bar to meet.

* The police are the ones using the tool; the only way to effectively plant non-generic evidence is to have the corroborating data first and that requires police assistance.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by flangola7 on Saturday August 19, 2023 @10:00PM (#37195305)
How good is it? Can it extract secure enclave keys or only bypass the rate limiting?
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by 8organicbits on Saturday August 19, 2023 @09:38PM (#37195177)
Cellebrite apparently had vulnerabilities and was poorly patched. Seems possible to me.

https://signal.org/blog/cellebrite-vulnerabilities/

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by ixwt on Saturday August 19, 2023 @09:46PM (#37195222)
That's what Parallel Construction is for.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by publicpretender on Saturday August 19, 2023 @10:10PM (#37195373)
In general, defense attorneys who have used the software are not inherently opposed to it:

1. most cases are about sms text contents and timestamps. these can be externally validated from the phones themselves, other software, or from having both sides of the conversation

2. other data, like location, is less certain, needs to be validated, and there are debates about what the evidence means,

3. Cellebrite software is available to people who pay for it on both sides and their training videos encourage LEO to actually go out and validate the results they see. the constantly changing cat and mouse nature of cellphone extraction and parsing requires double checking and validation. this is the big issue. LEO generally have no tech skills and are just armchair phone extractors. they do not validate the data. that is a problem, but not the tool itself.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by yyyk on Saturday August 19, 2023 @11:01PM (#37195666)
There's a nerd law idea where everything needs to be 100% scientifically proven and reproducible for a criminal conviction. That's not how the law works at all. The law works probabilistically, and when the doubts are low enough than it's goto jail, even for criminal cases.

The prosecution would present the Cellebrite 'evidence' to the judge and (in our scenario) it would move the needle towards the prosecution. Then the defence will (always) try to doubt the evidence and move the needle back, but it would take a lot more than 'something might have happened, dunno how' to do that fully. When the needle is tilted enough, the prosecution has their conviction. Note that in our reality, judges have a lot of trust in prosecutors, and the needle always starts tilted...

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by nullifidian on Sunday August 20, 2023 @02:30AM (#37196729)
>law works probabilistically

Science also works probabilistically, like most of it, but the law works "probabilistically", as in eyeballing a rough estimate using folk theories kind of probability.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by kelnos on Sunday August 20, 2023 @03:20AM (#37196946)
"Nerd law idea" or not, this should bother us. Some "expert" saying some software found incriminating evidence, but, oops, you'll just have to trust us that it works as we're telling you it does... no, no, no, that's not justice at all.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by yyyk on Sunday August 20, 2023 @05:48AM (#37197630)
Are you suggesting they can't hack phones, and just fake entire address book/location history/all messages? That's obviously false. Is the suggestion that there was some sort of massive conspiracy planting evidence*? I strongly suspect judges won't assign much credence to that.

* Such a conspiracy would have to include Cellebrite, the police and Apple/Google. After all, hacking the phone likely means you have the iCloud keys and can download the backups to verify. Furthermore, the conspiracy would always be at risk from the accused choosing to restore the backups to show some evidence wasn't there. So someone at Apple/Google would have to be complicit as well to modify the backups.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by sidewndr46 on Saturday August 19, 2023 @11:25PM (#37195804)
This is where you're wrong. You can't just get up in front of a criminal court and decide that a company is a "hacking company". The judge is not going to allow it.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by kstrauser on Sunday August 20, 2023 @01:57AM (#37196529)
Except that they literally are. They use undocumented zero-day exploits to hack into locked devices.
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Spooky23 on Sunday August 20, 2023 @01:19AM (#37196337)
They are, they are just expensive.

I was on a jury where the defense counsel eviscerated an expert witness from a red light camera company. The police used the cellular/gps time on the camera to splice together 10-12 videos from various camera whose times weren’t in sync.

Having impeached the time; the whole case fell apart and her client’s manslaughter charge was dismissed.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by tremon on Sunday August 20, 2023 @08:13AM (#37198374)
How is this is type of evidence tampering not a slam-dunk case of perjury?
Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by Spooky23 on Sunday August 20, 2023 @02:32PM (#37201771)
It wasn’t tampering, the rhetorical skills of the attorney and the dumbass ADAs failure to rein it in bamboozled a poorly prepared expert.

In fairness, the guy was there to talk about a camera, not to describe how NTP on the cellular network works.

Re:Cellebrite asks cops to keep its phone hacking tech ‘hush... by darkclouds on Sunday August 20, 2023 @05:04AM (#37197389)
If you know anything about biology, you'd realise the jury based court process is fundamentally flawed anyway.