Re:Cops hid use of phone tracking tech in court documents at...
by nkurz on Friday June 20, 2014 @12:49PM
(#7921524)
It's perjury if the term "confidential source" legally implies it was information conveyed by a human informant instead of gathered by electronic surveillance. The definitions I can find online say that "confidential source" is synonymous with "human informant" and must be a person. While this might be a "legal person" which includes a corporation, it would be a stretch to call a Stringray a person.
In my mind, they are simply lying about an illegal wiretap, and "this has not been challenged" only because the lie was taken as truth. But I'd guess the exact phrase was well-crafted by a lawyer who thought this alternate "plain English" interpretation would work as a defense. I'm doubtful a judge would view this charitably, but as you say, a prosecution where we find this out seems unlikely.
In my mind, they are simply lying about an illegal wiretap, and "this has not been challenged" only because the lie was taken as truth. But I'd guess the exact phrase was well-crafted by a lawyer who thought this alternate "plain English" interpretation would work as a defense. I'm doubtful a judge would view this charitably, but as you say, a prosecution where we find this out seems unlikely.