You Are Not a Lawyer

Paul Ohm is starting a new "very occasional" feature on the Freedom To Tinker blog called You Are Not a Lawyer — "In this series, I will try to disabuse computer scientists and other technically minded people of some commonly held misconceptions about the law (and the legal system)." In the first installment, Ohm walks through the reasons why many techies' faith in the presence of "reasonable doubt" is so misplaced. "When techies think about criminal law, and in particular crimes committed online, they tend to fixate on [the 'beyond a reasonable doubt'] legal standard, dreaming up ways people can use technology to inject doubt into the evidence to avoid being convicted. I can't count how many conversations I have had with techies about things like the 'open wireless access point defense,' the 'trojaned computer defense,' the 'NAT-ted firewall defense,' and the 'dynamic IP address defense.' ... People who place stock in these theories and tools are neglecting an important drawback. There are another set of legal standards — the legal standards governing search and seizure — you should worry about long before you ever get to 'beyond a reasonable doubt.'"

Comments

Ohm's Law?

[loshwomp]

Sounds like the piece should be called "Ohm's Law".

Re:Ohm's Law?

[lastchance_000]

I'll start a feature called "You are not a techie."

My first entry? Make sure your webserver/webhost is up to snuff before letting /. loose on it.

Re:Ohm's Law?

[Sponge Bath]

Years ago I saw a US Air Force training document refer to "Ohm's Three Laws".
V=IR, I=V/R, and R=V/I. :P

Re:Ohm's Law?

[FalseModesty]

(2) Academic lawyers generally have a slanted view on the world

As opposed to ACs?

Pfft, lawyers

[Rogerborg]

Difference between them and us?

• Techie: If you don't know how to do what I do, then learn.
• Lawyer: If you don't know how to do what I do, pay me $500 an hour or your children will die penniless in the gutter.

IPBIC*

[paiute]

IANAL
YANAL

then who the hell is a lawyer?
TWTHIAL?

WWJD?
JWRTFM!

*I post because I care

Re:IPBIC*

[fan777]

Jesus would ride the fucking motorcycle?

That doesn't make any sense.

Re:Reasonable Doubt.

[elrous0]

At least people expect the cops to break down your door in the U.S. Nobody expects the...

Oh, forget it.

Re:Legal standards of search and seizure

[Paracelcus]

Encrypt everything, hide everything, obfuscate everything, always assume that THEY are out to get you. Keep your bags packed at an alternate (undisclosed) location, keep some cash hidden and have an extra passport ready (always lose the first one they send you) in case they confiscate your first. Always pay cash, wear a broad brimmed hat and large dark glasses in public, grow a beard (you can quickly change you appearance by shaving). Use anonymous pay as you go cellphones or be careful what you say over the phone, keep your phone turned off and the battery removed.

  Remember it ain't paranoia if they really are out to get you!

Re:Wow! Who ever would have guessed that!?

[Anonymous Coward]

Never mind your fucking Venn diagrams.

!?

*squints his eyes*

You just made a powerful enemy.

XKCD

[Rei]

As always, XKCD has already covered this. ;)