From: David Eather on
On 4/05/2010 5:38 PM, Kristian Gj�steen wrote:
> nemo_outis<abc(a)xyz.com> wrote:
>> However, cops' "suspicions" are going to be very thin gruel to
>> put up aginst a defence lawyer's "M'lud, my client fully
>> decrypted the file as has been plainly shown. He used a
>> standard cryptographic method as has been explained to the
>> Court. There can be no doubt of his full cooperation and
>> compliance with the law in this matter."
>
> Unfortunately, judges are usually not idiots. Pulling this off
> convincingly is going to be very difficult.
>

Yes, and jail (gaol) is full of people who were "too smart" to get caught.
From: David Eather on
On 5/05/2010 8:12 AM, unruh wrote:
> On 2010-05-04, Maaartin<grajcar1(a)seznam.cz> wrote:
>> On May 4, 9:18 pm, unruh<un...(a)wormhole.physics.ubc.ca> wrote:
>>> On 2010-05-04, Maaartin<grajc...(a)seznam.cz> wrote:
>>>
>>>> On May 4, 2:38 am, "robertwess...(a)yahoo.com"<robertwess...(a)yahoo.com>
>>>> wrote:
>>>>> True, but can you rely on both copies of the key (yours and your
>>>>> client's) having been secure for five years?
>>>
>>>> Maybe. But using a OTP for five years would be no better (except that
>>>> stealing a couple of GB is a bit harder).
>>>
>>>> On May 4, 9:38 am, Kristian Gj?steen<kristiag+n...(a)math.ntnu.no>
>>>> wrote:
>>>>> Unfortunately, judges are usually not idiots. Pulling this off
>>>>> convincingly is going to be very difficult.
>>>
>>>> This is not his job. The judge must proof him guilty, not the other
>>>> way round. At least in theory.
>>>
>>> Yes, it is his job of deciding if you are lying or not.
>>
>> He must either *proof* me lying or let it be. At least in theory.
>
> No, just "beyond a reasonable doubt" if it is criminal case in a common
> law jurisdiction. That is not mathematical proof.
>

It's even worse than that. A judge only has to satisfy *themselves* that
you are *probably* lying. A jury has to satisfy itself either *beyond
reasonable doubt* or *on the balance of probability* from the evidence
*of the entire case* of which your otp will be only one small part,
considered amongst many other parts at best. (sorry for all the asterisks)


>>
>>> Most (not all) judges try to apply the law. They also know that many
>>> people who come before them lie (just as you are advocating doing).
>>
>> It surely depends on the country.
>
> No in all countries some (many) people who come before judges lie.
>>
>>>> Why? It's just a two-time pad, a stupid but legitimate way how to save
>>>> some space.
>>>
>>> Two keys the length of the file, and one file, saves space how?
>>
>> These two keys leads to two different plaintexts. The one-time pad
>> needs 4 files for 2 porns. The two-time pad needs only 3.
>>
>>>> Or anything else. If the police find anything in a confiscated
>>>> computer, why should anybody ever think it was really there? Maybe if
>>>> they would do two copies instead, one for them and one for a notary,
>>>> it could make sense.
>>>
>>> They do. They are supposed to preserve the chain of evidence. Make a
>>> copy of the hard drive and only work on the copy.
>>
>> First, the computer gets confiscated. This is obviously unnecessary
>> and a clear indication of bad will (unless they're stopping you from
>> doing criminal offence, which is unproven at the moment). Thereafter
>> there's no reason to believe that they're not modifying the data.
>> Again, it depends on the country.
>>
>> I wonder how anybody wants to prove that I'm not just testing my
>> newest RNG. Especially when there are many RNGs and statistical test
>> suits on my computer.

From: J.D. on
On May 4, 10:01 pm, David Eather <eat...(a)tpg.com.au> wrote:

>
> >>>> This is not his job. The judge must proof him guilty, not the other
> >>>> way round. At least in theory.
>
> >>> Yes, it is his job of deciding if you  are lying or not.
>
> >> He must either *proof* me lying or let it be. At least in theory.
>
> > No, just "beyond a reasonable doubt" if it is criminal case in a common
> > law jurisdiction. That is not mathematical proof.
>
> It's even worse than that. A judge only has to satisfy *themselves* that
> you are *probably* lying. A jury has to satisfy itself either *beyond
> reasonable doubt* or *on the balance of probability* from the evidence
> *of the entire case* of which your otp will be only one small part,
> considered amongst many other parts at best. (sorry for all the asterisks)
>

I don't know about other countries, but in American (and I think
English) courts this is not quite correct:

First off, in criminal trials the defendant always has the right to a
jury (except possibly where the maximum penalty is just a fine or a
very short prison sentence). In trials where there is a jury, the
jury acts as the "finder of fact" -- they are tasked to decide whether
you are lying or not (and every other factual matter). The judge is
the "finder of law" -- he decides legal questions that arise (such as
what evidence is legally permissible, what objections have legal
merit, and the like). Deciding whether a witness is lying is not a
legal question, it is a factual matter. If the defendant waives the
right to a jury (or the penalty is just a fine or short sentence) then
the judge may act also as the finder of fact (s/he wears two hats, if
you will). However the standard of proof in criminal trials is the
same whether the finder of fact is a judge or a jury -- beyond a
reasonable doubt.

If the judge is acting as the finder of fact and decides that you are
only "probably" lying, but cannot be certain of that fact beyond a
reasonable doubt, then he or she is not supposed to find you guilty
(assuming you being a liar = you are guilty). Of course, it is hard
to know if judges do what they are 'supposed' to do when making such
decisions; but in that regard they are on the same level as juries,
who are also 'supposed' to not find you guilty unless they are certain
beyond a reasonable doubt.

In civil litigation, the standard of proof is lower -- but it is lower
for the finder of fact whether that is a judge or a jury; and, like
criminal trials, it is exactly the same for both kinds of finder of
fact.

From: David Eather on
On 5/05/2010 1:35 PM, J.D. wrote:
> On May 4, 10:01 pm, David Eather<eat...(a)tpg.com.au> wrote:
>
>>
>>>>>> This is not his job. The judge must proof him guilty, not the other
>>>>>> way round. At least in theory.
>>
>>>>> Yes, it is his job of deciding if you are lying or not.
>>
>>>> He must either *proof* me lying or let it be. At least in theory.
>>
>>> No, just "beyond a reasonable doubt" if it is criminal case in a common
>>> law jurisdiction. That is not mathematical proof.
>>
>> It's even worse than that. A judge only has to satisfy *themselves* that
>> you are *probably* lying. A jury has to satisfy itself either *beyond
>> reasonable doubt* or *on the balance of probability* from the evidence
>> *of the entire case* of which your otp will be only one small part,
>> considered amongst many other parts at best. (sorry for all the asterisks)
>>
>
> I don't know about other countries, but in American (and I think
> English) courts this is not quite correct:
>
> First off, in criminal trials the defendant always has the right to a
> jury (except possibly where the maximum penalty is just a fine or a
> very short prison sentence)

or it is decided that the case may involve matters of national security
- in which case anything from a star chamber to a military court might
be the process (what ever happened in gitmo?) . Or you waive the right
to a jury either of your own free will or by coercion, or if there is a
suspicion (real or imagined) of jury tampering you may be heard without
a jury. In any case, what the judge thinks is relevant as he may decide
what evidence is in or out and he may instruct the jury what weight to
give a piece of evidence or how to interpret it or even throw out a
verdict as having no basis in law (and all of these have happened in US
courts).

The "courts" are not so simple as it may seem.

<snip>
From: MrD on
David Eather wrote:
> On 5/05/2010 1:35 PM, J.D. wrote:
>> On May 4, 10:01 pm, David Eather<eat...(a)tpg.com.au> wrote:
>>
>>>
>>>>>>> This is not his job. The judge must proof him guilty, not the other
>>>>>>> way round. At least in theory.
>>>
>>>>>> Yes, it is his job of deciding if you are lying or not.
>>>
>>>>> He must either *proof* me lying or let it be. At least in theory.
>>>
>>>> No, just "beyond a reasonable doubt" if it is criminal case in a common
>>>> law jurisdiction. That is not mathematical proof.
>>>
>>> It's even worse than that. A judge only has to satisfy *themselves* that
>>> you are *probably* lying. A jury has to satisfy itself either *beyond
>>> reasonable doubt* or *on the balance of probability* from the evidence
>>> *of the entire case* of which your otp will be only one small part,
>>> considered amongst many other parts at best. (sorry for all the
>>> asterisks)
>>>
>>
>> I don't know about other countries, but in American (and I think
>> English) courts this is not quite correct:
>>
>> First off, in criminal trials the defendant always has the right to a
>> jury (except possibly where the maximum penalty is just a fine or a
>> very short prison sentence)
>
> or it is decided that the case may involve matters of national security
> - in which case anything from a star chamber to a military court might
> be the process (what ever happened in gitmo?) .

Gitmo is not a common law jurisdiction (AIUI).

--
MrD.
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