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5 Canadian soldiers suspended after Nazi salute video emerges

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Digital evidence is a constantly changing world, sometimes even varying by provincial jurisdiction. It’s highly dependent on the individual case and circumstances.

And the competency of the justice system.

My take on that story is that CBC is relying on evidence obtained by a hacker. If the police are relying on the same, then good luck to them. Even I would take up that case despite the nature of the accused. The website was situated in the USA and it appears to have been taken offline by after the hack. I doubt the company running it would have ever responded to any type of order even an MLAT order to produce anything to Canadian authorities. There will be miles and miles of runway here for a deep and prolonged trial if these guys fight.
And because it was hacked- how does the chain if evidence become certified or at the very least not challenged without producing the hacker as witness.
We could go on and on but the best outcome is for these guys to just plead guilty. They probably won’t though…
 
And the competency of the justice system.

My take on that story is that CBC is relying on evidence obtained by a hacker. If the police are relying on the same, then good luck to them. Even I would take up that case despite the nature of the accused. The website was situated in the USA and it appears to have been taken offline by after the hack. I doubt the company running it would have ever responded to any type of order even an MLAT order to produce anything to Canadian authorities. There will be miles and miles of runway here for a deep and prolonged trial if these guys fight.
And because it was hacked- how does the chain if evidence become certified or at the very least not challenged without producing the hacker as witness.
We could go on and on but the best outcome is for these guys to just plead guilty. They probably won’t though…
Admin action instead of disciplinary action for the win!
 
And the competency of the justice system.

My take on that story is that CBC is relying on evidence obtained by a hacker. If the police are relying on the same, then good luck to them. Even I would take up that case despite the nature of the accused. The website was situated in the USA and it appears to have been taken offline by after the hack. I doubt the company running it would have ever responded to any type of order even an MLAT order to produce anything to Canadian authorities. There will be miles and miles of runway here for a deep and prolonged trial if these guys fight.
And because it was hacked- how does the chain if evidence become certified or at the very least not challenged without producing the hacker as witness.
We could go on and on but the best outcome is for these guys to just plead guilty. They probably won’t though…
Which is why I said I don’t see anything criminal coming out of participating on that website, not even CSD.

There may be a path or paths to prosecuting other activity, such as the Twitter posts quoted in the article. I know how I’d do the first half of such an investigation, and could make a well educated guess on the second half.
 
I know what you’re saying but the charges have been laid. We’ll see how it goes.
 
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