[HN Gopher] Cheese photo leads to Liverpool drug dealer's downfall
       ___________________________________________________________________
        
       Cheese photo leads to Liverpool drug dealer's downfall
        
       Author : mnw21cam
       Score  : 285 points
       Date   : 2021-05-24 10:28 UTC (12 hours ago)
        
 (HTM) web link (www.bbc.co.uk)
 (TXT) w3m dump (www.bbc.co.uk)
        
       | gorgoiler wrote:
       | Forgive the hot-take-paranoia, but this tale is exactly what the
       | parallel constructors want you to think.
       | 
       | In reality the criminal was traced using* a government mandated
       | BT Internet router backdoor / super grass / chemtrail deployed
       | insect drones.
       | 
       | *one of the above is not serious.
        
       | [deleted]
        
       | Threeve303 wrote:
       | In reality, the police were likely violating his rights and doing
       | some good old fashioned parallel construction. They had his
       | prints from his products, knew who he was already, waited until
       | they watched him post a picture of cheese, then claimed it was
       | only the picture that caused him to be caught.
       | 
       | This is a clear change in police methods, enabled by tech, and an
       | abuse of your constitutional rights if this was a U.S. citizen.
       | But hey, it's funny because the guy liked cheese.
        
         | hristov wrote:
         | Why would it be a violation of his rights? The police have a
         | right to investigate and they sure have a right to gather
         | fingerprints from drugs.
        
           | pbhjpbhj wrote:
           | Do they, for example, have a right to decrypt emails for the
           | purposes of data mining? I'd have thought they needed a
           | warrant and/or reasonable suspicion before they're allowed to
           | just mine anyone and everyone's private communications.
           | 
           | Are UK police, for example, allowed to run fingerprint and
           | facial matching algos against all image-based content
           | uploaded to Facebook/YouTube/Instagram/whatever? I thought
           | dragnet policing was considered to infringe the right to a
           | private and family life, say?
           | 
           | In short the police right to investigate is curtailed, and
           | controlled by the courts and a warrant process, at least.
        
         | Fnoord wrote:
         | Not needed (Occam's Razor). EncroChat is a gold mine for the
         | police, world wide. Being active there alone is suspicious, and
         | it was effectively a honeypot. High quality picture containing
         | a finger contains fingerprint. You run that through a database
         | and presto.
        
         | tomcam wrote:
         | Almost certainly true and seems to show a fairly deep
         | understanding of police work in the real world. I am truly
         | conflicted about these techniques.
        
         | BuildTheRobots wrote:
         | If the photo in the article is the actual photo posted, then
         | I'm most impressed. It seems out of focus in all the areas
         | you'd expect to need detail to match fingerprints.
        
           | Crosseye_Jack wrote:
           | 976px x 549px is a standard size the BBC use for images to be
           | displayed on desktop computers. 976px x 549px would be half a
           | megapixel. The BBC most likely resized the image they
           | obtained from the NCA down to that res and prob threw some
           | jpeg compression on it just as a matter of course when
           | publishing the image to the site.
           | 
           | While the focus would play a huge part, an iPhones camera (ok
           | the phones were Android Based, but the res of an iphones main
           | camera hasn't changed since the iphone 6s, which is what 5
           | years old by now? So its not unfair to say the phone model
           | could easily of had just as a camera with just as high MP) is
           | 12MP. So right off the bat the image you are looking could
           | easily have 24 times less pixels in it then the image posted
           | to the system, and thats before you throw in compression that
           | could easily smooth out the fine detail of a finger print.
           | 
           | EDIT: The BQ Aquaris X2 (which seems like was one of the
           | models used on the service) comes with a 12mp camera. Even if
           | the phones camera was disabled so the person had to manually
           | copy the picture to the phone inorder to share it just means
           | the picture we see on the BBC site could easy be just a
           | shitty compressed of the orig that was shared.
        
             | sorenjan wrote:
             | The full image is 2048x1152: https://ichef.bbci.co.uk/news/
             | 2048/cpsprodpb/F8F6/production...
             | 
             | Anyway, it's still cropped, and in this other version from
             | a different source you can clearly see part of his palm
             | print, which the BBC references: https://www.merseyside.pol
             | ice.uk/SysSiteAssets/media/images/...
        
           | periheli0n wrote:
           | Yep--there's also tons of motion blur. Although this could
           | perhaps be filtered out using deconvolution. Using the cheese
           | label as ground truth to parameterise the deconv filter, this
           | might just work.
        
         | wp381640 wrote:
         | Nope this is all from the compromise of Encrochat.
         | 
         | There have been dozens of stories about the pseudonymous users
         | of that service being linked back to real identities since the
         | initial first large wave of arrests
         | 
         | Sometimes you don't need crazy parallel construction theories -
         | just a simple criminal network cracked because the participants
         | believed it to be secure
        
           | simonh wrote:
           | Right, it seems like he was discussing criminal activity on
           | Encrochat, posted his fingerprints in the picture, and the
           | Police must have had his prints on file from previous
           | incidents. No rights violations required, not that such
           | rights would apply in the UK anyway but that's a different
           | issue.
        
             | VMG wrote:
             | I'm extremely skeptical that usable fingerprints can be
             | captured from any casual photo that is sent through a chat
             | app
             | 
             | The CCC in Germany did this once with a picture from Ursula
             | von der Leyen, but IIRC they contacted the original
             | photographer who provided an extremely hi-res image
        
             | IshKebab wrote:
             | Except that the photo they've shown is clearly way too low
             | quality to get fingerprints. Presumably they actually used
             | his palm (the article sort of mentions it), and they have a
             | really small pool of people that they suspected so they
             | could just manually compare his palm with known palm
             | prints.
             | 
             | I think that's fine though.
        
               | avianlyric wrote:
               | I don't know why you think the photo on the BBC is the
               | original photo. It's probably been re-compressed half a
               | dozen times as it was passed between police to reporter
               | to CMS to CDN.
        
               | asddubs wrote:
               | it's not compression blurry though, it's out of focus
        
               | StavrosK wrote:
               | It's not even out of focus, it's motion blur.
        
               | gus_massa wrote:
               | In this other source, the fingerprints of the thumb and
               | the pinky are almost visible https://www.merseyside.polic
               | e.uk/news/merseyside/news/2021/m... Anyway, the other
               | fingers look too out of focus to detect anything.
        
               | pbhjpbhj wrote:
               | The writing in the BBC article suggests "this photo",
               | they refer to "the photo" and show a photograph.
               | 
               | IMO that's bad journalism if it's not the original photo
               | - how about 'the original photo, of which this is a lower
               | quality copy, had enough detail for police to read
               | fingerprint markers from, those markers were matched to
               | the suspect [...]'.
               | 
               | If it's not _the_ photo, then who knows, perhaps it's a
               | fake the BBC produced or it's a stock photo. Why not
               | state details about the pertinent evidence on which the
               | whole story supposedly hangs.
        
               | kordlessagain wrote:
               | > I don't know why you think the photo on the BBC is the
               | original photo
               | 
               | Because people love to troll when it comes to pixels?
        
               | [deleted]
        
               | upofadown wrote:
               | It's very possible the police blurred the fingerprints in
               | the image they distributed.
        
               | GekkePrutser wrote:
               | Not really, the cheese is also blurred. And not uniformly
               | so, very gradual. It looks like a photographic artifact,
               | not post-processing.
               | 
               | I'm glad they were able to take this guy off the streets
               | but there's a smell to this IMO and it's not just the
               | cheese.
               | 
               | Edit: Someone else shared the link to the uncropped
               | picture: https://www.merseyside.police.uk/news/merseyside
               | /news/2021/m... . Fingerprints are still too blurry but
               | his palm lines are very clear. It could indeed be those.
        
         | avianlyric wrote:
         | I'm a little confused could you explain a little more detail
         | why you think this is parallel construction?
         | 
         | You're probably right that they already knew who he was, and
         | probably had some evidence that he was drug dealing, certainly
         | enough to arrest him. But unequivocally proving he's a dealer
         | is still tricky, especially establishing intent. The image made
         | it possible to tie the individuals real world identity to their
         | "anonymous" identity, and thus associate it with clear intent
         | to distribute drugs (presumably they also had his chat
         | history).
         | 
         | If the chat system he was using was compromised by police with
         | a lawful warrant to compromise the service, then what right was
         | violated? How is it different to police infiltrating online
         | forums, or even just physical locations that dealers are know
         | to spend time in?
        
         | asddubs wrote:
         | yup, this is the first thing that sprung to my mind as well.
         | yeah right, they analyzed his palm in a blurry photo. give me a
         | break. they monitored him in some way that was illegal and then
         | used this as the cover story
        
         | weego wrote:
         | A major dealer in Liverpool is almost certainly someone who has
         | his prints on file for previous crimes. They'll have suspected
         | that account was him for a while but didn't have reasonable
         | grounds, this photo clearly convinced someone it gave them
         | that.
         | 
         | But sure, let's take talking points from another country and
         | apply it here too to get angry because question mark
        
           | StavrosK wrote:
           | Do you see any visible fingerprints on the photo? I don't.
        
             | bdowling wrote:
             | > Do you see any visible fingerprints on the photo? I
             | don't.
             | 
             | The photo accompanying the article has the fingers blurred
             | out. In the original photo the fingers must have been
             | clearly visible, because that's how the police are claiming
             | they identified the man.
        
               | StavrosK wrote:
               | It's motion blur, evident from the blurring of the
               | letters. Unless the police added motion blur to the
               | entire photo (why?), they would appear to be stretching
               | the truth.
        
             | spoonjim wrote:
             | The police may have downsampled before releasing and the
             | website may have downsampled before posting to save
             | bandwidth.
        
             | IneffablePigeon wrote:
             | If you look at the full size image there's at the very
             | least a large portion of palm print fairly visible. That's
             | enough if you have a palm print, I assume.
        
           | axiosgunnar wrote:
           | Exactly, this ,,taking Us talking points and bruteforcing
           | them onto other societies with a completely different legal
           | system, history, and culture" angers me a lot.
        
             | jan_Inkepa wrote:
             | > completely different legal system, history, and culture
             | 
             | America's legal system, while divergent nowadays, owes a
             | lot to the UK's and they have a substantially common
             | history, and American lawyers + judges still cite (pre-
             | independence) English cases and thinkers from time to time
             | -
             | 
             | 'The [US Supreme] Court's references to Blackstone [english
             | lawyer/politician/judge] have increased tenfold since the
             | 1930s, so that the Commentaries is now cited in 1 in 13
             | cases. At the same time, practically nobody reads it.
             | Indeed, part of Blackstone's persuasive power today comes
             | from his text's simultaneous familiarity and mystery. The
             | Court capitalizes on Blackstone's status as a kind of
             | mythical ancestor - the "oracle of the law in the mind of
             | the American framers," citing Blackstone for the original
             | meaning of the Constitution. ' e.g.
             | https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2402231
             | 
             | [ But yeah, US-centric projection can be wearying. ]
        
         | dokem wrote:
         | I'm not following, of course they would have to have his
         | fingerprints also somewhere else.
        
         | PeterisP wrote:
         | IMHO the concept of "parallel construction" is mostly an USA
         | specific thing because USA legal doctrine is heavy on fourth
         | amendment application and "fruit of the poisonous tree"
         | doctrine that can make evidence inadmissible depending on how
         | it was obtained. But all those things and rights are specific
         | to USA, not in general, and not even for other common law
         | countries.
         | 
         | As far as I understand, such "fruit of the poisonous tree"
         | doctrine is not applied in UK, as long as the evidence is
         | believed to be _true_ , it would generally be admissible in
         | court even if it was obtained through e.g. mass warrantless
         | wiretapping, so if they knew who he was already, they could and
         | would have just gone ahead and there would be no need to put in
         | the effort for some parallel construction.
        
           | cm2187 wrote:
           | Fruit of the poisonous tree assumes that the real way they
           | identified the target was through illegal means. It doesn't
           | have to. Could be an anonymous tip, a suspicion from the
           | police, etc.
        
             | jerf wrote:
             | "Fruit of the poisonous tree assumes that the real way they
             | identified the target was through illegal means."
             | 
             | But bear in mind that typically we read "illegal means" as
             | some sort of deliberate violation of the law, whereas in
             | the US it's more like there's a relatively carefully
             | defined set of "legal means". There are a number of sources
             | of inadmissible evidence that a common, normal person would
             | probably consider perfectly moral to introduce as trial
             | evidence, but is denied in the US. (At least, officially.
             | Of course things can be cheated. I'm talking about the
             | nominal system here, not the real one.) "Illegal means"
             | means less in this context than it might normally.
        
             | swarnie_ wrote:
             | Chap got 13 years, considering how lenient our sentencing
             | usually is i can only assume he was moving massive
             | quantities. Couldn't have gone unnoticed even in a place
             | like Liverpool.
        
           | [deleted]
        
           | anomaloustho wrote:
           | After looking at the Wikipedia page for Parallel
           | Construction[1], there is a subsection about the UK, it
           | mentioned that one could argue that parallel construction is
           | now a concept that applies in the UK as of 2016. It then
           | points to an article on The Register subtitled "Enshrining
           | parallel construction in English law"[2].
           | 
           | It looks like Section 56(1) of the Investigatory Powers Act
           | prohibits "any content of an intercepted communication" from
           | being used in court.
           | 
           | [1] https://en.m.wikipedia.org/wiki/Parallel_construction
           | 
           | [2] https://www.theregister.com/2016/12/06/parallel_construct
           | ion...
        
             | tptacek wrote:
             | The UK doesn't even have the exclusionary rule --- in fact,
             | most countries don't. There's no need for "parallel
             | construction" there.
        
               | freeflight wrote:
               | The exclusionary rule ain't the only reason to engage in
               | parallel construction.
               | 
               | A whole long list of reasons can lead to that, a list
               | that also includes criminal actions by the police itself.
        
               | spoonjim wrote:
               | In many countries the parallel construction is to protect
               | illegal police methods. They torture a criminal in an
               | abandoned shed, or threaten to have his mother evicted,
               | to get his list of associates. Then they cook up things
               | like "fingerprints in a cheese photo" to make themselves
               | seem very clever and also keep their methods concealed.
        
             | deegles wrote:
             | There was an article[0] from 2018 about how the UK police
             | monitor CCTV footage with "super recognisers" - people who
             | have a way-above-average ability to remember and identify
             | faces. Ostensibly, they would look at footage from
             | previously captured crimes and then pick out the
             | perpetrators by watching other footage. It just smells like
             | a convenient source for parallel construction to me.
             | 
             | [0] https://www.theguardian.com/uk-news/2018/nov/11/super-
             | recogn...
        
           | pc86 wrote:
           | I agree with you on the legal doctrine piece, but most in the
           | US (myself included) would say that the US Constitution
           | doesn't grant anybody any rights. It codified _inalienable_
           | rights that exist for all people merely by virtue of their
           | existence. Every person has the right to speak their mind, to
           | defend themselves, to not incriminate themselves, etc. etc.
           | with all the caveats and potential nullifications that
           | accompany those rights. The fact that some countries may
           | violate those inherent rights is irrelevant, and the fact
           | that some of those countries may be common law is equally
           | irrelevant.
           | 
           | It's possible to believe both that Liverpool and the
           | surrounding area is better off without this man free, but
           | that the UK as a whole is worse off for their frequent
           | violation of rights with regard to those in the US Bill of
           | Rights.
        
             | webmobdev wrote:
             | It codified inalienable rights that exist for all people
             | merely by virtue of their existence ... The fact that some
             | countries may violate those inherent rights is irrelevant
             | 
             | Ok, so what is your opinion on the trial and detention of
             | various foreign "terrorists" in the USA who are / were in
             | Guantanamo Bay Naval Base military prison? If we go by the
             | very US laws you believe apply to every human being in the
             | world, that implies the US government tortured, denied due
             | process and illegally detained and treated many foreign
             | citizens differently because they were not American
             | citizens.
        
             | toomanybeersies wrote:
             | > but most in the US (myself included) would say that the
             | US Constitution doesn't grant anybody any rights. It
             | codified inalienable rights that exist for all people
             | merely by virtue of their existence
             | 
             | And many outside the USA would disagree with your position
             | that a 200 year old document, written in part by slave
             | owners, is the sole source of truth of our inalienable
             | rights.
             | 
             | I for one disagree with the concept of immutable, codified
             | constitutions entirely. I grew up in New Zealand, a country
             | with no codified constitution, and yet somehow a country
             | with a far better track record in human rights than the
             | USA.
        
               | adventured wrote:
               | > And many outside the USA would disagree with your
               | position that a 200 year old document, written in part by
               | slave owners, is the sole source of truth of our
               | inalienable rights.
               | 
               | Their disagreement also is meaningless, fortunately.
               | 
               | Whether the documents were written in part by Martians or
               | slave owners doesn't by itself alter the words on the
               | documents, as such rationally what is solely to be judged
               | is what was written, not how people feel about some of
               | the contributors. If the world went by the standard
               | you're floating, the last several thousand years of
               | history and all successful political systems of human
               | liberty have to be necessarily obliterated, including New
               | Zealand's entire political system and system of law,
               | which is inherited from a thus poisoned history involving
               | European slavery and conquest.
               | 
               | The US, as with most of Latin America, inherited enormous
               | European slavery and has spent its entire existence
               | dealing with the fact of that history and its intense
               | consequences. What has New Zealand confronted that
               | compares to that? Nothing remotely close (and yes I'm
               | familiar with the history of New Zealand).
               | 
               | > and yet somehow a country with a far better track
               | record in human rights than the USA.
               | 
               | The benefits of being a tiny, largely irrelevant
               | westernized country formed merely a century ago and long
               | after slavery was outlawed in the West. New Zealand's
               | existence has been an exceptionally easy and sheltered
               | one compared to most every other nation, and good for
               | them.
               | 
               | What responsibilities globally does New Zealand have?
               | Practically none. It's free to not matter, in the best
               | way possible. It doesn't have to make hard decisions that
               | risk altering the world. It's like a cute little trinket
               | country, lots of preaching and little responsibility. It
               | never has to step inbetween two warring parties going at
               | it in a civil war and decide which side to support, who
               | is right and who is wrong (North Korea attacking South
               | Korea, North Vietnam attacking South Vietnam), or choose
               | not to get involved at all and have that similarly be
               | judged by history just the same as a superpower capable
               | of intervening (and arguably with a moral responsibility
               | to do so in some cases). It doesn't have to decide if
               | it's rational to launch a war to stop a genocide of
               | Muslims in Europe (Kosovo). It doesn't have to decide
               | whether to protect Ukraine against an invading Russia. It
               | doesn't have to decide if it's worth going to war with
               | China to try to save democratic, peaceful Taiwan. It
               | doesn't have to make a decision about maintaining or not
               | maintaining a global superpower military (which comes
               | with severe, inevitable moral consequences whatever
               | direction you choose to go with that). It never has to
               | make any globally consequential decisions what-so-ever,
               | decisions that can remake the planet; it can be a very
               | nice, easy place to be, the life of a sheltered, small
               | population island that rides on the prosperity and
               | protection of other larger successful nations.
               | 
               | Dropping context around the birth & existence of New
               | Zealand and its particulars, is convenient and makes your
               | premise very unrealistic. The US was born into a context
               | of European sin and had no choice in the matter. Make any
               | other decisions around the founding documents at the time
               | and you don't get a US to begin with (as demonstrated by
               | the civil war that it took to smash slavery in the
               | southern states a century later). Which simultaneously
               | doesn't excuse any mistakes the US has made since then,
               | however context always matters, and New Zealand has had a
               | trivially easy existence by comparison. There isn't a
               | single nation of global importance without some terrible
               | history behind it and there is a reason for that (it's
               | impossible in actuality; only in theory is it not).
        
               | xtian wrote:
               | No one outside of the US or perhaps a minority within
               | NATO takes this kind of ahistorical apologetics
               | seriously. They see the US for what it is. As an
               | American, my most fervent hope is that believing these
               | sorts of stories becomes untenable here as well.
        
             | Mauricebranagh wrote:
             | In the US (and associated territories) I think you mean.
        
             | pjc50 wrote:
             | The position that the US constitution applies to the UK is
             | a pretty crazy piece of legal maximalism in the first
             | place, but there is plenty of US caselaw that it doesn't
             | apply equally to non-US nationals even within the US.
             | 
             | https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
             | a...
             | 
             | https://guides.ll.georgetown.edu/c.php?g=592919&p=4170926
             | (which reminds me of the US failure to ratify certain
             | international conventions under which it provides weaker
             | rights)
        
               | pc86 wrote:
               | I'm not meaning to imply that the USC applies to anyone
               | other than US citizens from a legal standpoint. Not only
               | am I not a lawyer, but I'm meaning to draw a distinction
               | between legal rights and human rights in this context.
               | 
               | I'm saying that the rights codified in the USC are
               | inalienable rights. The US government isn't _granting_
               | the freedom of speech, and it can 't take it away. The
               | right exists because you're a human being.
               | 
               | The fact that a country doesn't recognize it as a right
               | doesn't change its status.
        
               | akarma wrote:
               | As an American happy to live in a country with all our
               | protected freedoms, there are some parts of the
               | Constitution that other reasonable countries don't agree
               | with, and that's fine. There are other cultures with
               | other value systems and they're no less valid.
               | 
               | (1) Freedom of Assembly, part of our 1st Amendment, is
               | one example.
               | 
               | A French court recently decided a protest in Paris could
               | not take place. The court rationale was that a previous
               | protest a few years ago in the same area on the same
               | issue led to violence and destruction of property.
               | 
               | The French Constitution allows freedom of speech, but not
               | freedom of assembly, and Americans are often confused by
               | that. The freedom to write and say what you want does not
               | equate to the freedom to protest in the streets. Not
               | allowing freedom of assembly would have saved many lives
               | in the protests that have swept the US, though
               | potentially at the cost of slower social progress.
               | 
               | (2) Right to bear arms, our 2nd amendment, is another
               | example.
               | 
               | The vast majority of first-world countries don't agree
               | that the right to bear arms is an inalienable human right
               | in today's society.
               | 
               | As Americans, we may prefer the added protection against
               | government tyranny and our personal ability to protect
               | ourselves and our belongings. Unarguably, however, it
               | comes at the cost of mass shootings, and additionally,
               | though many factors are responsible for our uniquely high
               | homicide rate, easy availability of firearms certainly
               | does not help to curb it.
               | 
               | --- All this to say, many of our protected rights have
               | clear, substantial disadvantages. It's not our place to
               | tell every other country in the world how to operate.
        
               | kergonath wrote:
               | > The French Constitution allows freedom of speech, but
               | not freedom of assembly, and Americans are often confused
               | by that.
               | 
               | It is a subtle issue, but under French law assembling and
               | protesting is covered under free speech, which is a human
               | right.
               | 
               | However, another principle is that all rights are limited
               | when they are in conflict with other people's fundamental
               | rights, one of them being to live in peace. So in case of
               | protests they have to register beforehand to ensure that
               | there would be some police to prevent violence. That's
               | the theory anyway. They are not quite as murderous as
               | American policemen, but French ones can also be violent
               | and heavy handed.
               | 
               | For the same reason some protests can be forbidden.
               | Usually, it is very difficult as the local government
               | needs to demonstrate a significant risk of unacceptable
               | violence. It is easier these days (in the last 2 decades
               | or so) since there are "exceptional" measures in force to
               | limit terrorism. And of course now there are public
               | health restrictions because of COVID.
        
               | webmobdev wrote:
               | Right to bear arms, our 2nd amendment, is another
               | example.
               | 
               | From what I've read about this arcane piece of
               | legislation, some historians have suggested it stemmed
               | from the fear of slave owners who believed that freed
               | black man may choose to exact revenge on them and they
               | feared that others in their country, who favoured
               | abolition of slavery and criticised them for owning
               | slaves, may not stand with them to offer protection
               | against such revenge attacks. Thus, many spoke in favour
               | of the right to bear arms, stoking fears of a future
               | conflict between the white man and the black man.
        
               | freeflight wrote:
               | _> Not allowing freedom of assembly would have saved many
               | lives in the protests that have swept the US, though
               | potentially at the cost of slower social progress._
               | 
               | The US supreme court has established that the government
               | can't regulate the content of speech, but the government
               | is in its right to regulate the time, place and manner of
               | speech. [0]
               | 
               | So it is very much a thing in the US and has been
               | enforced plenty of times, for example during Occupy and
               | even during BLM when protests were just declared as
               | "riots" to then crack down on them with the full force of
               | a militarized police arresting thousands of people [1].
               | 
               | [0] https://en.wikipedia.org/wiki/Free_speech_zone
               | 
               | [1] https://apnews.com/article/american-protests-us-news-
               | arrests...
        
               | akarma wrote:
               | > even during BLM when protests were just declared as
               | "riots" to then crack down on them with the full force of
               | a militarized police arresting thousands of people
               | 
               | Many Americans actually died in these events in addition
               | to dangerous fires (with people still inside buildings!)
               | and random acts of violence, so the riot characterization
               | has at least in some cases been fair. It makes sense
               | thousands of people would be arrested when hundreds of
               | crimes have occurred.
               | 
               | The difference in the US is that these events could not
               | be stopped from occurring, and people were not
               | immediately arrested and water cannoned and so forth by
               | police. It was only after the event grew and escalated
               | and changed in nature.
               | 
               | That is where France differs -- a protest can, from the
               | beginning, be declared unable to occur, and police
               | respond to it accordingly.
               | 
               | This is not _at all_ to say that these events were all
               | wrong or created with ill intent, but that there is a
               | clear advantage and disadvantage to the right to freedom
               | of assembly in the US.
        
               | watwut wrote:
               | USA also allows and disallows protests at various places
               | and times. And they have just legislated new additional
               | laws about that.
               | 
               | But I give you that personal guns being framed as anti
               | goverment tyranny is profoundly us thing. I find out odd
               | also because those guns tend to be stockpiled by pretty
               | authoritarian groups and very rarely by civil rights
               | groups.
        
               | pjc50 wrote:
               | Yes, that's the usual human rights rationale but it's
               | practically a theological one - that the rights have
               | always existed and exist even if you can't see or action
               | them.
               | 
               | Interestingly ECHR doesn't bother to define what a right
               | is or where they come from, leaving the implicit position
               | being simple legal realism that the rights exist because
               | this document says they do and the parties agreed to it. 
               | https://www.echr.coe.int/Documents/Archives_1950_Conventi
               | on_...
        
               | mnw21cam wrote:
               | The other point of course is that even if you recognise a
               | pre-government system of human rights, it is reasonable
               | to apply exceptions. For example, the right to free
               | speech is reasonably curtailed when the person speaking
               | is ordering a lackey to commit murder. Most countries
               | recognise some level of intrinsic human rights, but they
               | all handle these exceptions slightly differently.
               | 
               | It's not that the UK is dastardly in violating this
               | person's right to privacy because it doesn't think the
               | rights are worth upholding. It's just that the UK has
               | formulated a particular set of reasonable circumstances
               | where it is alright to violate the right to privacy, and
               | has reasoning behind each of them. The US has a different
               | set of formulated reasonable circumstances where it is
               | alright to violate the right to privacy that much of
               | Europe is pretty horrified about. Both sides being
               | horrified at the borderline areas of the other is not
               | surprising.
        
               | kergonath wrote:
               | > Interestingly ECHR doesn't bother to define what a
               | right is or where they come from, leaving the implicit
               | position being simple legal realism that the rights exist
               | because this document says they do and the parties agreed
               | to it.
               | 
               | That's a strange take. It is basically a rewriting of the
               | Universal Declaration of Human Rights of 1948. It even
               | says so right there in the preamble. And it's a law, part
               | of an international treaty, not a history book. So where
               | the origins of these rights are is beside the point and a
               | legal description is not really surprising.
        
               | michaelt wrote:
               | I think a lot of people in the US would say that rights
               | like freedom of speech ought to be available to everyone,
               | everywhere in the world.
               | 
               | But if you ask them whether 4th-8th amendment rights
               | should extend to detainees at Guantanamo Bay; or whether
               | separation of church and state should be demanded of our
               | Israeli friends; or whether the Queen should be deposed
               | as a tyrant; you would find a lot less support.
        
               | boomboomsubban wrote:
               | These two points of view aren't contradictory, the
               | Constitution is very clear that it does not grant anybody
               | rights but it is less clear about whose rights they can
               | infringe on.
        
             | Spooky23 wrote:
             | That's all good for the origin story but obviously lacks
             | impact in reality.
             | 
             | The "bug" in the system is that when you talk about
             | inalienable rights inherent by the grace of god or the
             | creator is that god doesn't write shit down. The canonical
             | texts have been edited by various entities for thousand of
             | years in some cases. So you're dependent on the
             | interpretation of others. Usually people's understanding of
             | God's will (assuming agreement on the deity) is influenced
             | by their mortgage.
             | 
             | I'm sure the high and mighty philosophy was confusing to
             | any of the 1M enslaved people who were literate. But then
             | again, the fiscal success of the plantation was dependent
             | on _those_ humans being classified by law as more
             | intelligent cattle.
        
               | refurb wrote:
               | You're interpreting it way too literally. The Declaration
               | of Independence isn't saying "god said X", it's declaring
               | that everyone had these rights, not based on the govt
               | giving it to them, but that they always had them and the
               | US govt is simply recognizing that. There is no religious
               | document one needs to refer back to.
               | 
               | I think it's actually a genius way of describing rights.
               | It's the same way one might say that slavery ended not
               | because the govt decided to give slaves rights (the
               | government doesn't have that power), but rather that they
               | always had them and the govt simply stopped denying their
               | rights.
        
               | Spooky23 wrote:
               | > I think it's actually a genius way of describing
               | rights.
               | 
               | In context, it absolutely is.
               | 
               | Remember that many of the key constitutional framers were
               | believers in deism, and believed in god in the context of
               | a creator, but not as an omnipresent supernatural being.
               | 
               | Outside of that context, things get difficult. Looking
               | beyond the slavery example, the Commonwealth of
               | Massachusetts was governed in the early years of the
               | republic as compared to New York or Pennsylvania. It
               | demonstrates the differences in how context as defined by
               | religion matters.
        
             | wfleming wrote:
             | > but most in the US (myself included) would say that the
             | US Constitution doesn't grant anybody any rights. It
             | codified inalienable rights that exist for all people
             | merely by virtue of their existence
             | 
             | As an American I find this a very surprising
             | interpretation, and I doubt anybody in my close social
             | circle would agree with it either.
        
               | logicchains wrote:
               | It's literally what the constitution itself says: "We
               | hold these truths to be self-evident, that all men are
               | created equal, that they are endowed by their Creator
               | with certain unalienable Rights, that among these are
               | Life, Liberty and the pursuit of Happiness." The vast
               | majority of Americans are not Silicon Valley technocrats
               | who reject any kind of deontological ethics.
        
               | wfleming wrote:
               | As others have pointed out - that's not the constitution.
               | 
               | From a philosophical perspective, though, I agree that
               | Jefferson and others saw those rights as fundamental
               | human truths. They were saying "people already have these
               | rights, we promise the government won't infringe on
               | them", not "the government grants people these
               | privileges". (Of course, who qualified as "people"
               | continued to be a matter of debate. And some of the
               | "fundamental" rights later enumerated in the bill of
               | rights, specifically the third, seem like pretty
               | localized of-their-place-and-time concerns in
               | retrospect.)
               | 
               | I think what prompted my comment and some of the other
               | replies to pc86 was that the beginning of this comment
               | thread was discussing some fairly specific applied legal
               | concepts (e.g. "parallel construction") from a practical
               | perspective of applied law. So replying to that thread
               | with a point about political philosophy from an entirely
               | different country is a bit of an odd tangent. Re-reading
               | the comment, I do think that's how it was intended, but I
               | think the context made it easy to misinterpret it as
               | suggesting that Americans believe everyone in the world
               | should abide by our political philosophy. Which is
               | certainly regrettably true of some Americans, but I hope
               | it doesn't describe anywhere close to most of us.
        
               | ghaff wrote:
               | >From a philosophical perspective, though, I agree that
               | Jefferson and others saw those rights as fundamental
               | human truths. They were saying "people already have these
               | rights, we promise the government won't infringe on them"
               | 
               | In general, that's almost certainly true. But there was
               | also genuine disagreement between the Federalists and
               | Anti-Federalists over the power of the central government
               | and the Bill of Rights was essentially an effort to craft
               | a compromise that could be ratified. Madison whittled
               | down a long list of suggested rights and liberties to 12
               | amendments. Some of which (as in the first amendment,
               | right to a trial, etc.) are fairly fundamental. Others of
               | which, perhaps most of all the third as you say, fairly
               | clearly grew out of Revolutionary War concerns.
        
               | sjy wrote:
               | That's the Declaration of Independence. The Constitution
               | came 11 years later (and did not, even then, include the
               | Bill of Rights).
        
               | benjohnson wrote:
               | As I understand it, the Bill of Rights was considered
               | redundant by many people - and some thought that
               | enumerating the rights line by line was dangerously
               | limiting them.
        
               | FridayoLeary wrote:
               | Not sure where, but i heard once that the constitution
               | was actually only intended to be a temporary document
               | until a more reasonable draft could be hammered out. Even
               | its authors didn't imagine it would still be relevant 200
               | years later.
        
               | sumtechguy wrote:
               | The first one was more temporary while they figured out
               | what they had just did. (things like how do we pay the
               | bills)
               | 
               | https://en.wikipedia.org/wiki/Articles_of_Confederation
               | 
               | That is why the one we are under is basically the 2nd
               | revision of that.
        
               | indymike wrote:
               | The Declaration of Independence made the claim that
               | certain rights were inalienable. The US Constitution was
               | much less exciting and largely just laid out how the
               | government would function.
               | 
               | "We the People of the United States, in order to form a
               | more perfect union, establish justice, insure domestic
               | tranquility, provide for the common defense, promote the
               | general welfare, and secure the blessings of liberty to
               | ourselves and our posterity, do ordain and establish this
               | Constitution for the United States of America."
               | 
               | The Bill of Rights wasn't even part of the original
               | constitution. The constitution was ratified in 1788, and
               | the Bill of Rights was ratified in the form of amendments
               | 1 through 10 in 1791.
        
               | will4274 wrote:
               | > The Bill of Rights wasn't even part of the original
               | constitution
               | 
               | I see this claim frequently, but I still judge it as
               | "mostly false." Multiple states refused to ratify the
               | constitution without the bill of rights. Without the bill
               | of rights, the original constitution would have collapsed
               | in less than ten years. The original constitution by
               | itself was a piece of paper. The constitution together
               | with the bill of rights are the foundation of our
               | government.
        
               | ekianjo wrote:
               | Its not an interpretation at all. Its is litterally
               | written by Jefferson in the preamble to the constitution
               | 
               | > We hold these truths to be self-evident, that all men
               | are created equal, that they are endowed by their Creator
               | with certain unalienable Rights, that among these are
               | Life, Liberty and the pursuit of Happiness.--That to
               | secure these rights, Governments are instituted among
               | Men, deriving their just powers from the consent of the
               | governed,--That whenever any Form of Government becomes
               | destructive of these ends, it is the Right of the People
               | to alter or to abolish it, and to institute new
               | Government, laying its foundation on such principles and
               | organizing its powers in such form, as to them shall seem
               | most likely to effect their Safety and Happiness.
               | 
               | From your comment I wonder how many americans actually
               | understand the history behind the constitution.
        
               | brendoelfrendo wrote:
               | I'm really, really enjoying that two people (this comment
               | and a sibling comment) both posted in support of this
               | interpretation of the constitution, and then both of them
               | posted the same snippet of the Declaration of
               | Independence instead.
        
               | will4274 wrote:
               | It's disappointing to me that you and your social circle
               | weren't educated in your own country's government and
               | history. Can I ask which underfunded school district you
               | attended?
               | 
               | In most American schools, for "social studies", US
               | history is grades 8 and 9, while US government is grade
               | 10. What did you study instead at these grade levels?
        
               | boomboomsubban wrote:
               | This is the reason that the Bill of Rights say "Congress
               | shall make no law infringing on..." The creators of the
               | Constitution were very clear that rights were not granted
               | by the state, they were inherent to all people.
               | 
               | There's still room for the Bill of Rights to only apply
               | to Americans though, it is not clear whether they may
               | make no law infringing on the rights of citizens or
               | people.
        
             | simias wrote:
             | I'm not sure I understand your point. Are you arguing that
             | you think that the UK police and/or justice system tacitly
             | enforce the US Constitution because they think it's a good
             | idea or merely that you think that the world would be a
             | better place if all of humanity adhered to said
             | constitution?
             | 
             | The former is preposterous, the latter is your opinion but
             | it's frankly irrelevant in this discussion.
        
           | rootsudo wrote:
           | Great explanation, I understood parallel construction and
           | chain of custody but did not know it was due to "fruit of the
           | poisonous tree."
        
             | webmobdev wrote:
             | Watch this episode of The Good Wife (season 05, episode
             | 13): https://www.imdb.com/title/tt3540606/ ...
        
           | adolph wrote:
           | Parallel construction is also used to protect sources and
           | methods.
        
             | adolph wrote:
             | _The perverting the course of justice charge alleges the
             | trio disclosed information that law enforcement could
             | access encrypted EncroChat data._
             | 
             | https://www.nationalcrimeagency.gov.uk/news/operation-
             | veneti...
        
             | nullc wrote:
             | > Parallel construction is also used to protect sources and
             | methods.
             | 
             | And, of course, it is the unethical and unlawful methods
             | which have the greatest need of "protection".
        
             | LatteLazy wrote:
             | In the UK, defense lawyers aren't allowed to reveal details
             | if it harms future police operations. So again you don't
             | need parallel construction.
        
               | pc86 wrote:
               | Does this result in a lot of sealed/private hearings
               | where methods of gathering evidence are discussed? I'd
               | imagine the majority of criminal prosecutions would
               | involve at least some "trade secrets" (for lack of a
               | better term) on the part of the police.
        
               | pjc50 wrote:
               | There have been various rather nasty trials in which
               | vital defense info was ruled both secret and
               | inadmissible; https://en.wikipedia.org/wiki/Public-
               | interest_immunity covers the most famous examples,
               | particularly Matrix-Churchill which I'm just about old
               | enough to remember.
               | 
               | I believe ECHR 1998 has improved the situation a bit,
               | although the existence of a court outwith the UK to which
               | people can appeal their human rights violations is
               | controversial and unpopular with the right.
        
               | bobthepanda wrote:
               | Railing against the ECHR is arguably one of the things
               | that sparked Brexit.
        
               | nojokes wrote:
               | Can you elaborate this a little?
        
               | LatteLazy wrote:
               | We're sick of having rights and we've had enough of EU
               | monsters telling us we can't all die from drinking
               | posion. What is this, Nazi Germany?
               | 
               | - standard brexiteer position despite the ECHRs not
               | actually being an EU body.
        
               | bobthepanda wrote:
               | A key point of Brexit is to "restore sovereignty." At
               | least some of that ire is directed at the ECHR, which can
               | issue rulings that override British rulings and
               | parliament. One of the examples of this occurring is when
               | the ECHR overturned a British ban on voting for
               | prisoners. https://en.wikipedia.org/wiki/Hirst_v_United_K
               | ingdom_(No_2)
               | 
               | Like many things independence from the ECHR has not
               | actually happened yet. https://www.lexology.com/library/d
               | etail.aspx?g=7e0577d5-e617...
        
               | LatteLazy wrote:
               | (it's worth nothing that ruling was in 2005 and prisoners
               | still can't vote so it's not as much of an override as
               | people might imagine)
        
               | kergonath wrote:
               | > Like many things independence from the ECHR has not
               | actually happened yet.
               | 
               | Independence from the ECHR does not follow from leaving
               | the EU. To get out of the European Convention on Human
               | Rights, the UK would have to leave the Council of Europe.
               | The Convention is also in the Brexit agreement. Though of
               | course whether the tories will follow the provisions of
               | the treaties they sign is another matter.
        
               | kergonath wrote:
               | Which is very funny because the ECHR has nothing to do
               | with the EU. But hey, that's brexit logic for you.
        
               | formerly_proven wrote:
               | The ass of that joke is the UK being very influential in
               | creating the ECHR in the first place.
               | 
               | https://www.youtube.com/watch?v=ptfmAY6M6aA
        
               | adolph wrote:
               | That sounds airtight--the defense lawyers surely wouldn't
               | say a word because it isn't allowed.
        
               | toyg wrote:
               | It's sadly more common than one would think. There are
               | some very undemocratic bits in the bowels of the UK
               | justice system, and nobody that matters has any intention
               | of fixing them. In fact, they are busy trying to import
               | all the worst elements of the US system, removing legal
               | aid so that poor people won't be able to bother the rich
               | and powerful anymore.
        
         | gpderetta wrote:
         | I don't think there is a fruit of the poisonous tree doctrine
         | in UK.
         | 
         | Of course there might be other reasons not to admit to
         | illegally obtained evidence.
        
           | faverin wrote:
           | There isn't. Until very recently (Human Rights Act) justice
           | was deemed to have been served by bringing all evidence to
           | the court.
           | 
           | The ECHR gave some rights which now have to be balanced
           | against justice but its still anything goes. There is some
           | interesting court ruling on Azima Rakia hacking case too.
           | 
           | Interestingly the courts are waiting for the case where
           | computer hacking infringes on people's right to privacy...
           | 
           | Rather than pretend i'll quote a leading case. Woman faked
           | her hand palsy and was filmed illegally by the insurance
           | agents...this is the appeal rulign (so important in uk legal
           | terms)
           | 
           | Jones v University of Warwick [2003] EWCA Civ 15
           | https://www.bailii.org/ew/cases/EWCA/Civ/2003/151.html
           | 
           | That leaves the issue as to how the court should exercise its
           | discretion in the difficult situation confronting the
           | district judge and Judge Harris. The court must try to give
           | effect to what are here the two conflicting public interests.
           | The weight to be attached to each will vary according to the
           | circumstances. The significance of the evidence will differ
           | as will the gravity of the breach of Article 8, according to
           | the facts of the particular case. The decision will depend on
           | all the circumstances. Here, the court cannot ignore the
           | reality of the situation. This is not a case where the
           | conduct of the defendant's insurers is so outrageous that the
           | defence should be struck out. The case, therefore, has to be
           | tried. It would be artificial and undesirable for the actual
           | evidence, which is relevant and admissible, not to be placed
           | before the judge who has the task of trying the case. We
           | accept Mr Owen's submission that to exclude the use of the
           | evidence would create a wholly undesirable situation. Fresh
           | medical experts would have to be instructed on both sides.
           | Evidence which is relevant would have to be concealed from
           | them, perhaps resulting in a misdiagnosis; and it would not
           | be possible to cross-examine the claimant appropriately. For
           | these reasons we do not consider it would be right to
           | interfere with the Judge's decision not to exclude the
           | evidence.
           | 
           | Mr Weir's submission that we should determine the issue on
           | the basis of the facts as they were before the district judge
           | is not realistic. Nonetheless, it is right that we should
           | make clear that we do not accept that the criticism of the
           | claimant's legal advisers for deciding not to reveal the
           | contents of the video films in issue to their medical experts
           | is justified. It was sensible to defer doing so until it was
           | known whether the evidence could be used. While not excluding
           | the evidence it is appropriate to make clear that the conduct
           | of the insurers was improper and not justified. We disagree
           | with the indication by Judge Harris to the contrary. The fact
           | that the insurers may have been motivated by a desire to
           | achieve what they considered would be a just result does not
           | justify either the commission of trespass or the
           | contravention of the claimant's privacy which took place. We
           | come to this conclusion irrespective of whether Mr Weir is
           | right in contending that in this particular case the evidence
           | could be obtained by other means.
           | 
           | Excluding the evidence is not, moreover, the only weapon in
           | the court's armoury. The court has other steps it can take to
           | discourage conduct of the type of which complaint is made. In
           | particular it can reflect its disapproval in the orders for
           | costs which it makes. In this appeal, we therefore propose,
           | because the conduct of the insurers gave rise to the
           | litigation over admissibility of the evidence which has
           | followed upon their conduct, to order the defendants to pay
           | the costs of these proceedings to resolve this issue before
           | the district judge, Judge Harris and this court even though
           | we otherwise dismiss the appeal. This is subject to Mr Owen
           | having an opportunity to persuade us to do otherwise. In
           | addition, we would indicate to the trial judge that when he
           | comes to deal with the question of costs he should take into
           | account the defendant's conduct which is the subject of this
           | appeal when deciding the appropriate order for costs. He may
           | consider the costs of the inquiry agent should not be
           | recovered. If he concludes, as the complainant now contends,
           | that there is an innocent explanation for what is shown as to
           | the claimant's control of her movements then this is a matter
           | which should be reflected in costs, perhaps by ordering the
           | defendants to pay the costs throughout on an indemnity basis.
           | In giving effect to the overriding objective, and taking into
           | account the wider interests of the administration of justice,
           | the court must while doing justice between the parties, also
           | deter improper conduct of a party while conducting
           | litigation. We do not pretend that this is a perfect
           | reconciliation of the conflicting public interests. It is
           | not; but at least the solution does not ignore the insurer's
           | conduct.
        
         | bserge wrote:
         | Similar to how companies "don't discriminate" when hiring or
         | firing.
        
         | [deleted]
        
         | heywherelogingo wrote:
         | The BBC is used to nudge people into behaving as preferred by
         | higher-ups - it's a propaganda organisation. The police are
         | basically government thugs - not law abiding where they can get
         | away with it. So whether your interpretation is correct or not,
         | I don't know, but you're right that this story is probably
         | untrue.
        
         | reledi wrote:
         | It's a plausible theory, but they almost definitely would have
         | had prints from him already.
         | 
         | The fingers and palm were analysed in the photo. There's a
         | better photo here:
         | https://www.merseyside.police.uk/news/merseyside/news/2021/m...
         | 
         | Without any image processing, we can already see palm prints
         | and the ridges and lines in the palm and fingers. These are
         | unique biometric identifiers. In fact, palms have more
         | identifying characteristics than fingerprints.
         | 
         | They are almost certainly telling the truth in this story.
        
       | tux1968 wrote:
       | This is a very good example of showing that decentralized
       | anonymous communication channels of any type are not enough to
       | ensure free speech. I'm not saying that this particular example
       | has anything to do with free speech, but it does show that you
       | can not speak freely even over encrypted anonymous channels. You
       | can still easily be doxed.
       | 
       | We can not rely on any technology to ensure freedom of speech. We
       | need to engender social acceptance and our laws to encourage it.
        
         | kevinmchugh wrote:
         | Wikipedia says EncroChat used central servers in France.
        
         | upofadown wrote:
         | This was over one of those all in one encrypted messaging
         | phones where you have to trust a single entity. Such things are
         | eventually subverted by the powers that be due to that single
         | point of failure. So I don't think this can be extended to some
         | sort of general principle.
        
           | tux1968 wrote:
           | > So I don't think this can be extended to some sort of
           | general principle.
           | 
           | Very clearly it can. There is no technological solution to
           | doxing. You have to censor yourself, you have to hide facts,
           | you can not speak freely.
        
         | kijin wrote:
         | No amount of technology will keep you anonymous if you freely
         | post details that identify you. This example is just poor
         | opsec. He might as well have posted a picture of his driver's
         | license! Just like that guy who posted the exact GPS
         | coordinates of his terrorist camp.
        
         | xtracto wrote:
         | You dont need any sort of encryption to preserve anonymity. You
         | just need a fraction of a clue.
         | 
         | Look at Satoshi Nakamoto. The entity posted in public forums
         | and had conversations in the public view for so long. He is
         | presumably one of the most infamous subjects in the last 10
         | years an nobody has managed to doxx him
        
           | tux1968 wrote:
           | Some areas of conversation require disclosing who you are.
           | Freedom of speech means being able to say you don't agree
           | with your town council for instance. Thus revealing much
           | about yourself.
           | 
           | Yes you can censor yourself, hide facts, and remain
           | anonymous.. but you can not do so across the entire spectrum
           | of discourse, only in limited domains.
        
         | pjc50 wrote:
         | Are you arguing that arranging to commit a crime is protected
         | speech? I don't think that one will fly anywhere, even in the
         | US, let alone in the UK with no constitutional protection only
         | the much weaker ECHR one.
        
           | SyzygistSix wrote:
           | That's pretty much every protest ever. You would make
           | organizing protests against marijuana laws or laws against
           | homosexual behavior illegal?
           | 
           | Moxie Marlinspike has argued that it is important to be able
           | to break the law and that perfect surveillance means the end
           | of making social progress in a civil manner.
           | 
           | https://www.metafilter.com/161351/I-think-it-should-
           | actually...
        
             | ben_w wrote:
             | As the law recognises that the law can be changed,
             | protesting to _change_ the law is not generally itself a
             | crime.
             | 
             | Laws get interpreted by humans, not by computers, so they
             | should not to be taken literally and in isolation --
             | they're both harder and laxer in different ways.
        
               | WindyLakeReturn wrote:
               | In some cases changing the law is itself illegal, which
               | brings us back to the original question.
               | 
               | There is also the matter of protecting a persons right to
               | commit a crime when it involves behaviors that should not
               | be criminalized. A same sex couple being in a
               | relationship is something that we should protest for,
               | even if it is illegal. Not just making it legal, but also
               | protesting specific examples of it being criminalized.
               | 
               | Is free speech itself something worth protecting enough
               | that we should give it some level of special protection?
               | In a world where the only person who doesn't have to know
               | the law is the cops enforcing it, who are given their own
               | special protection from harm they cause, I don't think it
               | is an unreasonable request.
        
           | M2Ys4U wrote:
           | >let alone in the UK with no constitutional protection only
           | the much weaker ECHR one.
           | 
           | I think that's overstating the situation a little.
           | 
           | The Human Rights Act (which enabled domestic courts to give
           | effect to the ECHR) is considered to be as much of a
           | constitutional document as one can be in the UK.
           | 
           | Laws can't accidentally go against Convention rights.
           | Secondary legislation can be struck down if it breaches the
           | HRA/ECHR, and even primary legislation (Acts of Parliament
           | etc.) isn't completely immune.
           | 
           | Primary legislation must be interpreted by courts to be
           | compatible with the ECHR, even going as far as to reverse the
           | plain meaning of statutory language in some cases. It's only
           | where there's an _express_ contradiction or one that can 't
           | be "interpreted around" where the court has to apply the
           | statute as-is.
        
             | pjc50 wrote:
             | > The Human Rights Act (which enabled domestic courts to
             | give effect to the ECHR) is considered to be as much of a
             | constitutional document as one can be in the UK.
             | 
             | Yes - that is, it can be overruled by a simple majority of
             | MPs plus the unelected House of Lords. So constitutional
             | change can be achieved with the support of only a minority
             | of voters.
        
           | tux1968 wrote:
           | Read the second sentence of my post.
        
         | weird-eye-issue wrote:
         | You mean I shouldn't share a photo of personally identifiable
         | information through the same communication medium that I'm
         | using to sell drugs?
         | 
         | Anyways, you think we should change the laws so that just
         | because somebody is using an encrypted or "anonymous" chat app
         | the police can't use any of that to build evidence against
         | them? That seems too OP for the criminals
        
           | usrusr wrote:
           | Next up: T-Shirts printed "I'm feeling invisible and I demand
           | you to respect that feeling!"
        
       | nix23 wrote:
       | That reminds me so much about "The Expanse" and i don't know why!
        
         | busterarm wrote:
         | Obviously because Miller busted the Space Cheese Cartel.
         | https://www.youtube.com/watch?v=YcNnUHSwOHI
        
       | iand wrote:
       | The implication is that police are routinely scanning all
       | Encrochat photographs to extract fingerprints and other biometric
       | details to match with existing databases.
        
         | getlawgdon wrote:
         | Isn't it just as likely that the police had a hunch and guided
         | a chat with the aim of having the perp take the (or some other)
         | incriminating photo?
        
           | nickkell wrote:
           | Bobby_1979: Lunchtime, lads. Let's see those cheeses!
           | 
           | CarlS: Check me out, getting fancy with the marks and sparks
           | stilton :P [img]
        
           | pdpi wrote:
           | Or even more prosaically -- they were monitoring that chat
           | for anything juicy at all, and got a break when the
           | conversation organically went to cheeses and the guy posted
           | that pic
        
         | pjc50 wrote:
         | Yes, they compromised the network through the usual means (the
         | center) and recorded all the messages for a while.
         | https://www.reeds.co.uk/insight/encrochat/
        
       | 40four wrote:
       | I don't get it. I'm mostly very skeptical of the claim of making
       | a positive fingerprint ID through a picture. Has anyone ever
       | heard of this before? Fingerprints are known to be very
       | unreliable and subjective. I'm not convinced this is actually
       | what happened, and not just a cute story pushed by the British
       | law enforcement.
       | 
       | Edit: I did find a couple articles talking about technique of
       | lifting prints from photographs, so I guess it's a thing? Enough
       | confidence for them to track him down, and win a guilty plea.
        
         | meowface wrote:
         | Yeah, the article title should be "Drug dealer caught by online
         | photo that revealed fingerprints". That's the interesting and
         | unexpected part, here. I didn't really know that could be done
         | and hadn't heard of it before; but I suppose it's not too
         | surprising given the prevalence of high-resolution phone
         | cameras, now.
         | 
         | I'm guessing what happened was that they were monitoring an
         | anonymous chat group on this EncroChat app and weren't sure of
         | the true identities of some of the people in it. They saw one
         | of them posted a photo showing fingertips, decided to see if
         | they could extract and match the fingerprints against their
         | database, and got a hit.
         | 
         | I disagree with the (current) top post in this thread saying
         | it's "likely parallel construction". It could be, but the
         | claimed story also sounds pretty plausible, if it's indeed true
         | that they could match the fingerprints based on that photo.
         | 
         | That said, if they didn't heavily downscale or obfuscate the
         | photo before uploading it, the fingertips look so blurry that I
         | imagine it'd be hard to get anything actually useful from it...
         | (https://ichef.bbci.co.uk/news/976/cpsprodpb/F8F6/production/..
         | .). If that's close to the original photo, I would grant more
         | probability to the parallel construction/source protection
         | hypothesis.
         | 
         | I'd be quite impressed if the photo was really that blurry and
         | they still managed to extract fingerprints. Though, maybe it
         | could become more feasible with some Photoshop adjustments?
        
           | p_j_w wrote:
           | >I disagree with the (current) top post in this thread saying
           | it's "likely parallel construction". It could be, but the
           | claimed story also sounds pretty plausible
           | 
           | Others have pointed out that this happened in the UK, so it's
           | probably not parallel construction anyways. Still, I wanted
           | to get this out there: isn't the claimed story being
           | plausible a pretty important part of parallel construction?
           | If you needed parallel construction for your evidence to not
           | be thrown out of court, then if the story of how you obtained
           | it isn't plausible, it seems likely that it'll get thrown out
           | anyways.
        
             | meowface wrote:
             | >Others have pointed out that this happened in the UK, so
             | it's probably not parallel construction anyways.
             | 
             | Yeah, I should've said "parallel construction / source
             | protection / cover story". Parallel construction implies
             | hiding an illicit and/or unethical technique (like
             | warrantless NSA collection methods), but it could also be
             | done to protect a valid information source, like a
             | confidential informant.
             | 
             | >Still, I wanted to get this out there: isn't the claimed
             | story being plausible a pretty important part of parallel
             | construction? If you needed parallel construction for your
             | evidence to not be thrown out of court, then if the story
             | of how you obtained it isn't plausible, it seems likely
             | that it'll get thrown out anyways.
             | 
             | Absolutely. But it's kind of a double-bind sort of
             | situation. If it seems potentially implausible, you can say
             | it smells like a cover story diversion. If it seems
             | plausible, you can say it could be a believable-sounding
             | cover story diversion that's tricked the naive masses.
             | 
             | It's similar to the logic serial conspiracy theorists use;
             | counter-claims are easily dismissed as "that's what they
             | want you to think" / "of course they'd do that". The onus
             | is on the claim-maker to provide evidence of possible
             | deceit.
        
           | IneffablePigeon wrote:
           | That's not the full image. The full image
           | (https://twitter.com/MerseyPolice/status/1395783747115618306)
           | has a lot of detail in the palm area - enough to get a match
           | I'd assume, if they have his full palm print on file.
           | 
           | Even if it's not a super high probability match, it could
           | have been enough to give them a name and find more evidence.
           | 
           | I don't buy that they'd make up the story _and then tweet
           | proudly about it_, especially when the image they posted is
           | so easy to be sceptical about because of the blur.
        
             | meowface wrote:
             | Thanks; makes sense.
        
         | redis_mlc wrote:
         | IIRC a top European politician's, maybe Angela Merkel's, prints
         | were lifted from a foto a few years ago and used for something,
         | so it's not a new or rare thing - examples come up in the press
         | about once a year.
        
       | gatvol wrote:
       | Still finding it hard to believe that society is willing to spend
       | this much resources on locking up people for dealing in the wrong
       | sort of chemicals.
        
         | 3GuardLineups wrote:
         | prudishness is a hell of a drug
        
       | moioci wrote:
       | Isn't this just like trying to link the Dread Pirate Roberts
       | identity to a real-world person? Not really anything nefarious
       | about that.
        
         | dmix wrote:
         | Ross/DPR ruined it by acting like some anonymous drug lord
         | doing (fake) assassinations with (pretend) Hells Angels.
         | Violence is the scourge on (certain) societies that needs to be
         | dealt with.
         | 
         | This guy was just selling drugs consensually/non-violently
         | (AFIK) and probably happened to be far up the chain.
         | 
         | The police pat themselves on the back and 20 other distributors
         | they didn't catch are getting a minor pay raise and life goes
         | on.
         | 
         | The only hope is this guy can find real productive work in the
         | 5-7yrs he actually does in prison, and doesn't become a
         | hardened criminal with street rep from prison.
         | 
         | The other risk is potential power vacuums that results in
         | violence that wouldn't otherwise be there but I doubt it in
         | Liverpool (unlike Mexico and for example: CJNG, aka Jalisco New
         | Generation Cartel).
         | 
         | Note: I feel the need to point out I'm not some hippie activist
         | against the police. It's just obvious and rational that DEA is
         | burning through money while the real work of addiction and
         | access to drugs is much harder problem than arresting
         | replaceable dealers and needs a new whole new approach. It's
         | been obvious for decades and some governments are finally
         | realizing it.
        
       | ChaitanyaSai wrote:
       | Here's a fun little game. Try and get GPT3 to reconstruct the
       | story, based on the headline (and maybe just a wee nudge). Here's
       | one attempt:
       | 
       | ===== Story of the day: Cheese photo leads to Liverpool drug
       | dealer's downfall "In an awe-inspiring display of the power of
       | the internet, police in Liverpool have arrested a drug dealer in
       | connection with an online cheese sale. A 28-year-old man has been
       | charged with controlled drug supply after a photo of him holding
       | a block of cheese was posted on Reddit yesterday. The photo was
       | posted by the user 'Whatyouknowaboutdis?' underneath a thread
       | about the best place to buy cheese. The photo, captioned: "Cheese
       | is good", clearly shows the man holding a large block of cheese,
       | however, one observant user noticed something very sinister. The
       | cheese, which was only on top of a carrier bag, didn't have a
       | price label and appeared to be slightly curved towards the
       | bottom. After seeking advice from other users,
       | 'Whatyouknowaboutdis?' commented: "This is actually really
       | interesting, the cheese is curved towards the bottom (in the pic)
       | but if you look at the bag it's flat. It's on a bag, so the
       | cheese is obviously curved due to the weight of the block. This
       | is a new one to me, I can't wait to hear the excuse." As
       | expected, the photo shot to the front page of Reddit, with more
       | than 800 comments and counting, including several from users who
       | claimed they were police officers and would be investigating. One
       | user, who claimed to be a police officer with the Kings Cross
       | Police Force in Australia, commented: "I'm a cop and I'm here to
       | tell you ... this is a very clear case of controlled drug supply.
       | The cheese has clearly been purchased by this man." The Reddit
       | users were not to be disappointed, however, as the Liverpool
       | police tweeted this morning: "We've arrested a man today. He was
       | charged with drug offences after an image of him holding a piece
       | of cheese was posted on @reddit." ==== * (search engines: this is
       | a fictitious story with fictitious names made up by GPT3)
       | 
       | Here are a few more attempts:
       | https://saigaddam.medium.com/cheese-photo-leads-to-liverpool...
        
         | iNic wrote:
         | I love how bad GPT-3 is at logical inference:
         | 
         | > "This is actually really interesting, the cheese is curved
         | towards the bottom (in the pic) but if you look at the bag it's
         | flat. It's on a bag, so the cheese is obviously curved due to
         | the weight of the block. This is a new one to me, I can't wait
         | to hear the excuse."
        
           | ChaitanyaSai wrote:
           | It's fascinating that it mimics linguistic structure
           | exceptionally well, but not semantic structure and sequence.
           | Reminds me of how people with Wernicke's aphasia can create
           | long sentences that are grammatically alright, but
           | nonsensical. Not quite the same, but there's an interesting
           | limitation on the semantic side, which is almost masked by a
           | truly world-class linguistic ability. I continue to be in awe
           | of GPTS's ability to mimic any style and marry into to pretty
           | much any kind of content.
        
             | lovecg wrote:
             | The story has a sort of a dreamlike quality. All the words
             | and sentences are there and any individual piece kind of
             | makes sense but if you zoom out the whole thing is
             | nonsense.
        
       | fnord77 wrote:
       | amazing the amount of data leaked by a photograph.
        
         | elliekelly wrote:
         | I remember I once saw a post here about research at (I think)
         | MIT where they were able to use shadows in photographs to "see"
         | what was behind the camera and "see" around corners. It was
         | really rough and didn't really look like very much but I think
         | about that research all the time. What happens when that
         | technology improves and _every_ photo that has been posted
         | online is suddenly a photo of _way_ more than the photographer
         | intended to share?
        
           | shadowythroaway wrote:
           | You'll probably be interested in
           | https://www.bellingcat.com/news/2020/04/15/did-these-
           | syrian-...
        
       | aritmo wrote:
       | There is some heavy editorializig by the BBC here. As a cheese
       | lover, the cheese was fine. That person just posted a photo that
       | also included their fingertips.
        
         | Clewza313 wrote:
         | It _was_ posted as a  "cheese photo", it just happened to
         | include his fingerprints.
        
         | ginko wrote:
         | I was hoping it'd be some extremely rare regional cheese that
         | allowed them to find the guy.
        
           | Mauricebranagh wrote:
           | I kind of wanted it to be a Wallace and Grommet crossover
           | with Breaking Bad.
        
             | panzagl wrote:
             | Claymation Brian Cranston points pistol at snitches head-
             | "You've got the wrong trousers" <Bang>
        
             | scop wrote:
             | Welp with that comment HN has peaked for the day.
        
         | xtracto wrote:
         | I think the article is originally from Echo, which is
         | Liverpool's local newspaper. Crazy the number of people that
         | have been arrested in that city.
        
         | gadders wrote:
         | Kind of disappointed. I thought they would do some high-tech
         | matching of the blue veins in the cheese in the photo to one in
         | the suspect's fridge.
        
           | redis_mlc wrote:
           | The irony is that judges believe fingerprinting (and sketchy
           | police lab DNA processing), but would laugh you out of court
           | for applying that to cheese.
        
       | thinkingemote wrote:
       | https://www.merseyside.police.uk/news/merseyside/news/2021/m...
       | is the police source for the news. The fella pleaded guilty, so
       | (I guess?) the rest of the evidence didn't have to be revealed in
       | court.
       | 
       | Of interest is that Liverpool police arrested 60 people because
       | of the Encrochat "hack" for selling drugs and weapons. I imagine
       | some of those would be customers, but I imagine a few hundred
       | would have been arrested across the country.
        
       | GekkePrutser wrote:
       | Umm you can't even see his fingerprints on that photo. It's way
       | too blurry. Weird.
       | 
       | Edit: The lines on his palm are very clear though in the whole
       | picture:
       | https://www.merseyside.police.uk/news/merseyside/news/2021/m...
       | Maybe that was it. Those are also pretty unique.
        
         | pc86 wrote:
         | It's a pretty huge leap to assume that the image you see in a
         | public news article online is the same image the police have
         | access to without any form of recompression or artifacting.
        
           | Kenji wrote:
           | The fingers are out of focus. No amount of image resolution
           | will correct for out of focus optics at the time the photo
           | was taken. The fingerprints are nowhere to be found in this
           | picture. So clearly something is bogus about the claims in
           | the article.
        
             | dTal wrote:
             | "Bogus" seems strongly worded when the article makes no
             | hard claims, but it does call into question the
             | _implication_ we 're all here for, which is that
             | fingerprints were extracted from the photo.
             | 
             | Although, come to think of it, it is in fact perfectly
             | possible _in theory_ to recover information from out-of-
             | focus images. In practice it tends not to work well due to
             | noise, but it 's theoretically a reversible transform if
             | you can deduce the blurring kernel. I highly doubt it would
             | work well on a social media JPEG, however.
        
           | dTal wrote:
           | The blur is clearly optical.
        
         | danbruc wrote:
         | You can remove blur from images with [blind] deconvolution. [1]
         | 
         | [1] https://en.wikipedia.org/wiki/Blind_deconvolution
        
           | dplavery92 wrote:
           | Blind deconvolution is useful in astronomy and space domain
           | awareness where you can make reasonable assumptions that the
           | support for the signal pixels is limited against a blank
           | background. This isn't the case in everyday terrestrial
           | photography, and the Lena image on that wiki shows the sorts
           | of results you get from applying a blind deconvolution
           | algorithm naively to this sort of imagery.
        
           | periheli0n wrote:
           | It wouldn't even be blind deconvolution since they can use
           | the cheese label as ground truth.
        
             | jjeaff wrote:
             | I wouldn't think so, since the level of blur is less or
             | non-existent on the label. In infinitely long focal length,
             | everything is the same level of focus.
        
               | periheli0n wrote:
               | Maybe it's just me, but I tend to see a lot of motion
               | blur on that label, an amount that could easily account
               | for the blur on the fingertip, too. Given the ultra-short
               | focal length of mobile cameras and the large focal depth
               | that comes with it I would expect very little out-of-
               | plane blur on the fingertips.
        
       | corobo wrote:
       | Dumbass drug dealer took a picture of his fingerprints*
        
       | TheRealPomax wrote:
       | in the category "we had nothing else to write, the title pretty
       | much has all the information". There's no reason to even click
       | the link, it's not going to tell you anything about how we got
       | from A to B other than "they looked at the fingerprints of the
       | hand in the photo".
        
       | jonplackett wrote:
       | Did they blur that photo for use in the media?
       | 
       | I can't see how you get could any prints off of that image.
        
         | prismatix wrote:
         | _enhance_
        
           | jonplackett wrote:
           | https://m.youtube.com/watch?v=2aINa6tg3fo
        
       | hyko wrote:
       | Yeah, they didn't get them from that photo.
       | 
       | Edited to add: where has this story come from? Why does someone
       | want us to believe in CSI Stilton? And why on Earth do they think
       | we'd swallow it?!
        
       | chiefalchemist wrote:
       | How do they legally get from "it's his hand holding the cheese"
       | to "he's the true source of all the bravado in this nefarious
       | forum" to "he's a drug dealer"?
       | 
       | If all they needed was a fingerprint, certainly there are more
       | convenient ways to go about it. He's got to touch something other
       | than his product.
       | 
       | This smells more like a false narrative contructed to cover up
       | the actual source / methods for cornering him. Maybe law
       | enforcement had someone on the inside? And still does? Or a loyal
       | flunkie turned on him? But holding cheese? (Note: I'm aware this
       | is technically possible. I'm questioning it's use in ths case.)
       | 
       | Much like the news stories of "car stopped on interstate and
       | police find _____ amount of ______ in the trunk." Right. Of all
       | the cars traveling the police randomly pick the car filled with
       | drugs? Sounds great. But too random too often to be legit. They
       | knew which car to stop but they're not going to say how they
       | knew.
        
         | mannykannot wrote:
         | The police could have had his prints from his merchandise, or
         | an entirely separate issue, with no idea that they matched a
         | certain until-then anonymous drug dealer known only for his
         | posts on EncroChat.
        
           | chiefalchemist wrote:
           | So they have drug product with prints.
           | 
           | They match those to the hand / fingers holding the cheese.
           | 
           | Presuming the EncroChat is anonymous, how do they then tie
           | that to the person arrested? Where and how does that happen?
        
             | the_doctah wrote:
             | The article states that EncroChat has been cracked by
             | police. It's not anonymous.
        
             | IneffablePigeon wrote:
             | I suspect it's the other way - they have his prints on file
             | already from some previous arrest, and the image linked the
             | incriminating EncroChat account to his real identity
             | through the data already on file.
        
             | mannykannot wrote:
             | You are right, under the assumption of anonymity, that
             | alternative does not work. Prints on file for a different
             | reason, such as a prior conviction, would give you an ID.
             | 
             | According to a link from the article, however, EncroChat
             | was cracked last year. Stewart was presumably not one of
             | those arrested at that time, which implies that either this
             | crack did not yield enough information to ID him, or did
             | not yield enough evidence to proceed against him. The
             | former case could be solved if his prints were on file, and
             | in the latter case, his prints might have led to additional
             | evidence which had previously not been attributed to him.
             | 
             | As the article says he was identified by his prints, the
             | former seems much more likely.
        
       | legohead wrote:
       | 13 years? wow. do British prisoners get out early for good
       | behavior and such similar to US?
        
       ___________________________________________________________________
       (page generated 2021-05-24 23:01 UTC)