New RIPA ammendment... (small German remark to this and a request

[Bettina Jodda (Twister)]

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On Monday 05 August 2002 00:58, Matthew Byng-Maddick wrote:
> On Sun, Aug 04, 2002 at 12:43:54PM +0100, Peter Fairbrother wrote:
> > A whiff of lying to the Court will sometimes get evidence thrown out, but
> > in general evidence is rarely excluded on grounds other than
> > unreliability.
> >
> > AIUI a Judge cannot (?or will not) exclude evidence solely on the grounds
> > that it was illegally obtained, although he can use the illegality as a
> > consideration in his judgement as to the evidence's reliability, fairness
> > etc. - but IANAL.
>
> There was a case recently, where evidence was obtained by an illegal
> wiretap, I'm sure one of the on-list lawyers would provide more detail, and
> indeed, I think Donald posted the summary to the list. But the judge told
> them that it was inadmissible, and since, AIR, it was the main prosecution
> evidence, the case had to be dropped.

As for Germany a small remark to this:
we recently had a case when somebody was getting a confession of his
former girlfriend that she owes 92.000 Euro to him.

To cut a long story short, the lawyer of that man illegally listened to a 
conversation between the man and his former girlfriend where she admitted 
owing the money.
The judge in Germany said that though listening to that conversation was 
illegal in the end the confession counts as being made.

Though the confession was heard illegaly the money weights more than the 
potential intrusion of her privacy (this is not my interpretion, this is the 
judge´s)
see: http://www.heise.de/newsticker/data/jk-09.08.02-003/

Twister
(Sorry if this has been off topic)

btw: without sounding too much like an advertisement-person: is there anybody 
who would be able to spare some minutes to test a file-sharing system with 
encrypted data? I think it is okay but unfortunately I am a technical 
desaster (women...sigh) and so I would be glad if someone would have a look 
at it who knows much about encryption and technique.

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