About lawyers and spoliation

[Aimee Farr]

All we lawyer-types are saying is to engage the law in your problem-solving,
it's in your threat model. Many of your "solutions" are 100%
conflict-avoidance, or even ...conflict-ignorance. A strategic error. Where
there is a corpus, there is a law to get it. You always PLAN FOR CONFLICT.
Hence, we have _The Art Of War_ -- and not, _The Art Of Hiding_.

Hiding or secrecy as a total strategy has historically been limited by the
Rule Of Secrets/Least Safe Principle, and the equally-important "well,
doesn't this look suspicious!" -- a rule of natural law and human
disposition. Crypto is not a person, object and asset invisibility machine.
Until such a marvel comes to pass, stick to traditional wargaming.

THE SITUATION:
-------------
Controverted spies have brought you intelligence that the enemy has a new
long-range weapon. You learn that it works, but you think you lie outside
the current range. However, you learn that it is undergoing rapid
development and experimentation.

SOME OF YOUR RESPONSES:
-----------------------
"They're dumb, I hate them, and they can't hit us."

"IF they've never hit us, THEN they can't."

"They can't hit what they can't see."

"We should insult and burn the spies at the stake for bringing us this
information."

"Bitch. Bitch. Bitch."

***

Within this particular range of hypotheticals, the courts are going to see a
problem and they might reach for spoliation. Arguing over the rightfulness
or wrongfulness of it is a futile exercise. When you learn your adversary is
using a new tactic or developing a new weapon, you examine your own tactics
and adjust them accordingly in ANTICIPATION OF CONFLICT. You assume they
will "get better" unless you do something about it. Given the nature of the
law, there is nothing to be done other than to prepare for advancement and
proliferation. The legal question is never what is - but what will be. In
this light, precedent is not "a rule," it is an aid for prediction.

"To secure ourselves against defeat lies in our own hands, but the
opportunity of defeating the enemy is provided by the enemy himself." -- Sun
Tzu.

A most apt analogy for the law. Where it presents an obstacle, it presents
an opportunity.

~Aimee