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by l0stb0y 4573 days ago
Anytime something bad happens I'm going to ask why the NSA didn't stop it. Paul Walkers death... why didn't the NSA stop it? PS4 DOA orders...why didn't the NSA stop it? Psychboo finding Prezi's source code... why didn't the NSA stop it?
1 comments
swalkergibson 4573 days ago
You say this in jest, but they may have opened a can of worms here. Some defendant in a criminal case in Florida subpoenaed his NSA file in his defense. It would sure be interesting to see if this location data can be used as exculpatory evidence to acquit somebody, or if it would even be available. It would be very hard to stomach if that type of information is only available to convict, not exonerate.
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ChrisBland 4573 days ago
The defendant was Terrance Brown, the gvt responded and said they did not have location data for him. Filed two different responses, one public with a ton of [REDACTED] and a private one.
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l0stb0y 4573 days ago
The authorities regularly withhold information that could assist defendants so it would be business as usual I'm sure. But yeah, that's one giant can of worms!
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swalkergibson 4573 days ago
Theoretically, they are not allowed to do that. If it is evidence that would affect the outcome of the case, they are obligated to disclose it. While it seems like due process and the rule of law is being eroded daily, I really hope that the below case still applies...

http://en.wikipedia.org/wiki/Brady_v._Maryland

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