Spoliation cites

[jamesd at echeque.com]

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On 3 Aug 2001, at 6:05, Aimee Farr wrote:
> The cases were offered for general background, nothing more.

The claim has been made these cases are cites, demonstrating the correctness of of Black Unicorn's claims.

They are not.

To demonstrate his claims, he would have to produce an example of someone who was punished for failure to keep records, or for routinely destroying records, not someone who was punished for destroying records relevant to a particular case after the case against him got under way.

He has presented no such punishment, therefore no such case exists.

Therefore remailer operators and the rest of us can in perfect comfort fail to keep logs, we can circulate thought crimes into irrecoverable systems, and so on and so forth.

In the recent case about DVD ripping, the court was outraged by efforts to distribute the ripping code in anticipation of the court order, and before the court order could be issued.  Yet in the end, no one was punished of actions taken in anticipation of a court order, actions taken to make that 
order unenforceable, actions taken while the case was under way.

Therefore we can certainly take actions to protect thoughtcrimes while cases are not under way.

    --digsig
         James A. Donald
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