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by singleshot_ 901 days ago
It certainly does not matter. If you wanted to present a fake document as evidence, would sha-whatever help? Nope. If you wanted to withhold key evidence and pretend it didn’t exist, would it help? Nope.

And do you think we trust md5, or do you think we have another tool that can compare documents? We do have such tools.

What prevents chicanery in discovery and disclosure is how annoying it was to go to law school and pass the bar compared to how fun it would be to work at Wendy’s for the rest of our careers.

Should we use a better hash function: probably. Is this a problem of not enough technology literacy in the profession? Well, not really; there are plenty of tech literate lawyers (hi!) we just have questionable tools just like you do in IT and we make do.