[braveo]

> If we agree that the files are definitely on the system [snip]

then prosecute him and be done with it. Anything else is either a fishing expedition or we don't all agree that the files are definitely on the system... in which case it's still a fishing expedition.

hashes can be inaccurate, it isn't a foregone conclusion in reality, just in their opinion.

[mjolk]

> hashes can be inaccurate, it isn't a foregone conclusion in reality, just in their opinion.

Not really, no. The chance of multiple hash collisions on a set of arbitrary images is a near impossibility.

[braveo]

near is not the same thing as impossible.

I told this story before, but I once read an article about a police officer who said it was impossible for another person to have logged into an account because it was password protected, when we know that's not even close to being true.

impossible and improbable are not the same thing, and I sure as shit don't feel comfortable making the case that it's 100% locked in because of a hash.

The requirement should be for them to look at the actual content, not the hash.

[mjolk]

> near is not the same thing as impossible. I told this story before, but I once read an article about a police officer who said it was impossible for another person to have logged into an account because it was password protected, when we know that's not even close to being true.

That's not even the same realm as this case:

> The Forensic examination also disclosed that Doe had downloaded thousands of files known by their “hash” values to be child pornography[0]

Thousands of hash collisions would require prior knowledge of the values and a concerted effort to deceive. It would be more realistic to say that human perception is broken when looking at the media than it is to argue with the mathematical reality at play here.

> The requirement should be for them to look at the actual content, not the hash.

Refusing the evidence known to exist and definitely covered by probable cause is why the defendant is still in custody.

[0] https://arstechnica.com/wp-content/uploads/2017/03/rawlsopin...

[braveo]

No one is arguing with the legal argument, there are a lot of legal arguments that most people don't believe should exist.

So using the law to defend yourself doesn't really apply here.

> Thousands of hash collisions would require prior knowledge of the values and a concerted effort to deceive. It would be more realistic to say that human perception is broken when looking at the media than it is to argue with the mathematical reality at play here.

This confidence is why my anecdote applies. That confidence is flat out scary when you hear people in law use terms like "impossible" or "virtually impossible" when speaking about things that are not.