It's a shame we took phones, email and internet away from judges. Now they can't contact anyone for technical advice and they just make bad, uneducated rulings. /s
Sorry, but you're stretching way too much to try to salvage your claim.
A lot of folks here are missing an important point. Unallocated space is not where deleted files go to be written over.
Unallocated space is a portion of the HD that has not been partioned. There is NO access to this area for the average user. A deleted file will not go to unallocated space. GS would have to use a deep probing program to access this space.
As the article mentions, "Worse for the FBI, a federal appellate court unequivocally declared in February 2011 (USA v. Andrew Flyer) that pictures found on unallocated space did not constitute knowing possession because it is impossible to determine when, why or who downloaded them."
If this person took their PC to Best Buy for repair, they obviously didn't have the technical knowledge of how to partition a drive.
This file could have come from a previous owner of the hd/pc who repartitioned the drive prior to sale. The drive could have previously been "cloned" by a bit by bit copier. There are many ways as the court stated, that the unallocated space can contain a file.
By the way, I am totally against CP. I just don't think in this case, the FBI has clear evidence.
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Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
It's a shame we took phones, email and internet away from judges. Now they can't contact anyone for technical advice and they just make bad, uneducated rulings. /s
Sorry, but you're stretching way too much to try to salvage your claim.
Re: Re: Re: Re: Re: Re: Re: Re: Works for me...
"It's called writing for your audience."
So the court findings that it was unallocated were writing to the audience too? Why else would the previous court findings be mentioned?
Re: Re: Re: Re: Re: Re: Works for me...
A lot of folks here are missing an important point. Unallocated space is not where deleted files go to be written over.
Unallocated space is a portion of the HD that has not been partioned. There is NO access to this area for the average user.
A deleted file will not go to unallocated space. GS would have to use a deep probing program to access this space.
As the article mentions, "Worse for the FBI, a federal appellate court unequivocally declared in February 2011 (USA v. Andrew Flyer) that pictures found on unallocated space did not constitute knowing possession because it is impossible to determine when, why or who downloaded them."
If this person took their PC to Best Buy for repair, they obviously didn't have the technical knowledge of how to partition a drive.
This file could have come from a previous owner of the hd/pc who repartitioned the drive prior to sale.
The drive could have previously been "cloned" by a bit by bit copier. There are many ways as the court stated, that the unallocated space can contain a file.
By the way, I am totally against CP. I just don't think in this case, the FBI has clear evidence.