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On 2017-04-27 8:46 PM, allison nixon wrote:<br>
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<div class="gmail_extra">I'm specifically calling out situations
where judges do not understand technology, and specifically in
cybercrime cases with technically skilled suspects. I am not
canadian and I have had very few interactions with their legal
system and those few interactions leave me with hope that they
improve in their understanding of how things work on the
Internet. These catch-22 situations have all seemingly stemmed
from a lack of understanding of technology. I cannot speak about
specific details so I cannot continue this line of conversation
much further. I would like to be wrong about my beliefs on this.</div>
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Well, we do our best on the judicial education front and in my
experience Canadian courts are better on average in grappling with
tech issues than many other jurisdictions, but yes, that's an
endemic problem. I think I'd just say that in my experience, the
complexity of technology tends to favour the law enforcement agency
or other entity seeking, without opposing counsel, to convince a
judge to issue a search warrant or discovery than to favour the
party whose data is being sought. <br>
<br>
Best,<br>
Tamir<br>
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