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From: fw at deneb.enyo.de (Florian Weimer)
Subject: Re: AV companies better hire good lawyers soon.

* James Tucker:

>> According to the FBI fornsics agent I heard at a recent security
>> conference this is a fairly common defense.  The other is trying to
>> claim that any gaps in the evidence chain are when a law enforcement
>> type planted the porn there.
>
> there are laws and processes which must be performed in order to make
> the evidence submitable in court. such accusations have no meaning
> under modern law, if the law tampers, the law cant use.

This depends on the jurisdiction.  Things like fruit of the poisonous
tree are not universally accepted.  In some countries, everything can
be brought in as evidence, as long as the judge agrees.  Obviously,
such procedures can deal much better with intangible evidence.

One of the more common cases are illegal[1] ISP log files without any
safeguards of tampering.  Of course, such data will be taken with a
grain of salt, but typically, the ISP is impartial, so it tends to
work out quite well.

1. they violate privacy regulations


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