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"The fact that data has been purged does not mean a human knowingly did it (e.g. accidental guilt). [But] data purging may make a guilty person look innocent (e.g. accidental innocence)," says Bell.

That's just the most asinine statement I've ever heard. They might as well say, "We think you look guilty, and even though we have no idea what you are doing, or how you are doing it you should come with us now."



It isn't asinine at all, at least when considered in light of the investigative process. "Data was purged" is a fact. Now, you still need to put that in context, and that context includes hundreds, if not thousands, of other facts. Only then should LE say "It is time to come with us."


It's unfortunate that innocent targets of the police will now go free. I'm sure prosecutors everywhere are lamenting the fact that they can't pad their stats by putting innocent people in jail on flimsy evidence, such as the 'guilt' associated with ensuring your hard drive is clean, encrypted, and generally unavailable for police inspection.

No guilt should be associated with affirming your rights to be secure against unreasonable search and seizure.




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