Police blotter: Trojan horse leads to porn convictions

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Three things

1. You wrote: "As stated in a previous post, it is theoretically possible that the photos were plants, but I really can't think of a motive for doing so."

I think you lack imagination. Many hackers write a virus or launch a DDOS attack just for the fame. Not to mention that the hacker is unindentified, and therefore, could easily have had a personal ax to grind with the defendant(s).

2. You wrote: "Yes, the hacking was illegal and criminal charges would be justified, but it's very hard for me to condemn the action on moral grounds."

It's actually easy to condem this on moral grounds. Committing a crime to catch a criminal cannot be morally justified. Other kinds of justification might apply, but moral or ethical justification doesn't allow for committing one crime to gather evidence of someone else's (alleged) criminal behavior.

3. You wrote: "Certainly the evidence should not be thrown out unless there's good reason to believe it was planted."

The exact opposite applies. If the authorities can't verify the chain of custody for that evidence, then it *must* be thrown out. No matter how bad the crime, any evidence with a non-verifiable chain of custody or where the person who produced the evidence can't be questioned by the defense absolutely should be thrown out.

Our liberties are too important to throw them over without legislative or judicial review and rationale.

Posted by: bidemytime   Posted on: 08/28/06 You are currently: a Guest | Members login | Terms of Use

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