The Geek Spy

[MissionImprobable]

It also opens the door to all kinds of other things. We saw people walking away from Evernote because their privacy practices changed and made it so that technically any employee could see any document on their servers. What if you had an enemy even at the state or local level who could pay them to scan any and everything you upload through them or Google or anyone else for even the tiniest illegality to prosecute you for without probable cause? When there's both a breach of expectation of privacy and unlawful means of search being carried out that's not okay.

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[liftedplane]

this is taken directly from the article and is exactly what I was talking about

There has been a court case where files found on unallocated space did not constitute knowing possession because it's impossible to determine who put the file there and how, since it's not accessible to the user under normal circumstances.

when fixing a computer and scanning for files you could (and $500 for informing the FBI of such files is a pretty good reason to) put a file in and then show how it was recovered from this laptop... but how can that actually be proven. It's a slippery slope.

 

[LoneWolfArcher]

Computer forensics could easily spot this "after the fact" file placement. Which would be a felony if attempted

 

[MissionImprobable]

I don't know about easily. It would be on the defendant to prove it at that point and it wouldn't be cheap. There are issues as well with proving what storage type the data had been stored on. It's very questionable and it's not something Geek Squad techs should be getting paid to assist in, especially with zero probable cause.

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[LoneWolfArcher]

Actually it would be quite easy. I won't get into details for obvious reasons, but suffice it to say that lying to the FBI for reward money would not be something they'd take lightly.

 

[MissionImprobable]

I mean that it wouldn't be easy for a defendant to prove that something nefarious had happened.

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