Courts and bug product

Nicholas Bohm ukcrypto at chiark.greenend.org.uk
Thu, 14 Feb 2008 12:42:17 +0000


Ian Batten wrote:
> 
> On 14 Feb 2008, at 12:16, Nicholas Bohm wrote:
>>>>
>>> The obvious objection to that is ``the prosecution have exotic GCHQ 
>>> technology to establish what is being said from these murky 
>>> recordings you've given us, we don't''.
>>
>> Hand over a second set as cleaned up - "equality of arms" under ECHR 
>> Art 6 fair trial.
> 
> <devil's advocate>
> And shazam, the defence have a massive demonstration of the capabilities 
> or otherwise of the spooks. Even a transcript has that problem: you can 
> listen to the tape, then see what could be transcribed with spook 
> technology and what couldn't, then check with your clients what they 
> were doing during the bits that couldn't be transcribed.  Tapes, ceiling 
> fans, Radio 1: what works best?
> </devil's advocate>
> 
> I assume this is the sort of argument that explains why the spooks don't 
> want evidence admitted.

I expect you're right, though I'm unpersuaded that present generations 
of amateurs will get far ahead with it, and the professional enemies 
probably know it all anyway.  It's all part of the familiar arms race - 
"la lotta continua" as the Italians used to say.

Nicholas
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