May 02

lawful interception / lawful spying and FRE

Tag: Informática LegalJoaquim Anguas @ 9:14 pm

Recent news have taken lawful interception to (some) media exposure.

That LEA, NSA and other agencies may be using interception and/or spying to gather intelligence is no surprise to no one.

To do so, there has to be many actors intervening, including operating system vendors, network hardware manufacturers, network providers, TTP, etc, who may release proprietary secret knowledge about their systems in order to keep a competitive advantage with the considered «bad guys».

But reading FRE 702 and 703 (and the excellent notes here and here) one wonders in his infinite ignorance, if evidence collected using bleeding edge lawful interception techniques (those that use to be proprietary and secret) ever surfaces in trial, how is it going to stand?