Re:Further ties of NSA to Equation Group hackers
by leereeves on Wednesday March 11, 2015 @11:23AM
(#9184528)
It's unlikely that someone who knows about this would serve on a jury in a computer crime case, or that evidence of NSA activities would be admitted in trial.
Re:Further ties of NSA to Equation Group hackers
by pdkl95 on Wednesday March 11, 2015 @11:43AM
(#9184638)
Juries don't know about a lot of topics. In an adversarial system, it is the responsibility of the each party to inform the judge and jury what is relevant to the case.
Re:Further ties of NSA to Equation Group hackers
by leereeves on Wednesday March 11, 2015 @11:46AM
(#9184660)
Hence the second half of my comment:
> or that evidence of NSA activities would be admitted in trial.
Re:Further ties of NSA to Equation Group hackers
by LLWM on Wednesday March 11, 2015 @12:19PM
(#9184825)
If the NSA is really that overwhelmingly powerful, it is irrelevant whether a jury can be convinced of some random hacker's guilt. Let him go free if you must. If he is legitimately dangerous, the NSA can shut him down or point him the right way.
This could have various consequences, but one obvious one is how it affects a jury. It would probably be a lot easier to conclude there is a reasonable doubt the accused did not commit some type of computer or network crime when the NSA is attacking so much infrastructure. If the NSA was known to be targeting legitimate targets with limited, targeted activities that did not affect everybody else, the doubt that any random computer crime could have been the NSA's responsibility would not be reasonable.