On Thu, Jul 11, 2019 at 06:15:07AM +0000, Ryan Carboni wrote:

Is this a viable prosecution strategy: Avoid discovery.

Don't worry about this - do best to handle it if/when it happens.

Parallel construct case based on knowledge obtained through spyware.

Well known that parallel construction is used. Accept it as far as you can do nothing about it, and to the extent you -can- do something about it, do that.

Craft a suspiciously precise network investigative technique based on the subject's habits.

Paranoia will help you be cautious, for that it's a useful purpose, otherwise, ditch that shirt and put on your "I'm a steamroller of justice and persistence" shirt. Or you know, whatever :)

Rely on known frowning by judges to avoid anyone going to the media. Even if anyone went to the media, the media is biased against actually saying anything.

Certainly true.

Rely on an argument to the jury that "this is legal, we have a warrant to do this, based on our extensive knowledge, this particular set of habits is actually common, no we don't comment on our procedures, that is a political question."

If you begin to climb a mountain, be prepared for some serious climbing (if you want to get to top). The alternative is let mountain climb you, which may be not so pleasant. Long journey it is, to mountain so high you climb. Some "small isht" training might be your cup o tea, or jump in arse first at the deep end. Up to you.

This does seem self evidently absurd.

Sure. Welcome to life for those who desire a better world... Good luck,