Birbla

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The premise of Brazil (1985)

by shen

Stupid question: wouldn't a simple comparison with the body(parts) from the inappropriate pictures sent to the girl have helped the innocent guy? I mean those thingies all look different, no, like some sort of "fingerprint"?

by binaryturtle

If you read it carefully, the victim was in the US and the defendant was in Canada (I suspect a rural part).

I think everyone is rightly questioning why the defendant's lawyers failed to tear apart the prosecution's case. This generally requires that the defendant have money, the defendant hire a competent criminal defense attorney, and the attorney hires a team of experts to rigorously challenge all of the evidence.

Here is some additional Canadian news coverage: https://www.cbc.ca/news/canada/nova-scotia/how-a-single-unde...

by thephyber

> The case went to trial, where Klayme was found guilty.

There’s a lot missing in this sentence. What evidence ended up convicting him?

by codazoda

This is always going to happen with these types of laws, because they can be broken with very little effort from anywhere. That directly causes it to be easy to frame people for breaking them, by accident or on purpose. If the crime is purely the transmission of the incorrect byte pattern, the evidence is always logs, server and local. Eventually a bug will lead them to people who did not transmit the wrong bytes, but they will just assume they wiped the evidence from their local storage. There is no other evidence to be had because the crimes in this category to not require any physical evidence whatsoever. Many of the laws in this category involve byte patterns with a sexual theme, but not all of them. Others include the laws against using the wrong REST API in the wrong way (unauthorized access) or speech restrictions including laws against empty, impossible, never acted on threats or improper ideas (popular outside the US).

by leonvoss

What the article doesn’t mention, since this was an incorrect conviction that led to a served 18 month sentence, loss of income from the loss of whatever job he had, and likely life long reputational damage (as this kind of conviction now needs to be explained and some people will adopt a “where there’s smoke there’s fire” attitude…) was there any compensation for this man? It sounds like all he got was voiding the conviction after he served the time. Not nothing, but seems pretty inadequate.

by Macha

> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question.

> Still, Klayme was arrested and hit with three charges:

> Luring a person under 14 years of age by means of telecommunication

> Providing sexually explicit material to a child

> Possession of child pornography

> The case went to trial, where Klayme was found guilty. He then went to prison for 18 months.

What in the world happened in this case?

How can someone be convicted of these charges without any evidence?

Unless the article left something out, the only possible evidence they had was the wrong username. They couldn't even find evidence that this person used Kik at the time of the crime.

What defense did his lawyer even try? I'm so confused.

by Aurornis

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  • Hacker News
  • The premise of Brazil (1985)
    by shen
  • We're really getting into Computers Don't Argue[0] territory here, eh?

    0: see https://en.wikipedia.org/wiki/Computers_Don%27t_Argue

    (available in Best of Creative Computing Vol. 2 at https://dn790007.ca.archive.org/0/items/bestofcreativeco00ah... , p.133)

    by ttctciyf
  • Stupid question: wouldn't a simple comparison with the body(parts) from the inappropriate pictures sent to the girl have helped the innocent guy? I mean those thingies all look different, no, like some sort of "fingerprint"?
    by binaryturtle
  • If you read it carefully, the victim was in the US and the defendant was in Canada (I suspect a rural part).

    I think everyone is rightly questioning why the defendant's lawyers failed to tear apart the prosecution's case. This generally requires that the defendant have money, the defendant hire a competent criminal defense attorney, and the attorney hires a team of experts to rigorously challenge all of the evidence.

    Here is some additional Canadian news coverage: https://www.cbc.ca/news/canada/nova-scotia/how-a-single-unde...

    by thephyber
  • > The case went to trial, where Klayme was found guilty.

    There’s a lot missing in this sentence. What evidence ended up convicting him?

    by codazoda
  • This is always going to happen with these types of laws, because they can be broken with very little effort from anywhere. That directly causes it to be easy to frame people for breaking them, by accident or on purpose. If the crime is purely the transmission of the incorrect byte pattern, the evidence is always logs, server and local. Eventually a bug will lead them to people who did not transmit the wrong bytes, but they will just assume they wiped the evidence from their local storage. There is no other evidence to be had because the crimes in this category to not require any physical evidence whatsoever. Many of the laws in this category involve byte patterns with a sexual theme, but not all of them. Others include the laws against using the wrong REST API in the wrong way (unauthorized access) or speech restrictions including laws against empty, impossible, never acted on threats or improper ideas (popular outside the US).
    by leonvoss
  • What the article doesn’t mention, since this was an incorrect conviction that led to a served 18 month sentence, loss of income from the loss of whatever job he had, and likely life long reputational damage (as this kind of conviction now needs to be explained and some people will adopt a “where there’s smoke there’s fire” attitude…) was there any compensation for this man? It sounds like all he got was voiding the conviction after he served the time. Not nothing, but seems pretty inadequate.
    by Macha
  • > Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question.

    > Still, Klayme was arrested and hit with three charges:

    > Luring a person under 14 years of age by means of telecommunication

    > Providing sexually explicit material to a child

    > Possession of child pornography

    > The case went to trial, where Klayme was found guilty. He then went to prison for 18 months.

    What in the world happened in this case?

    How can someone be convicted of these charges without any evidence?

    Unless the article left something out, the only possible evidence they had was the wrong username. They couldn't even find evidence that this person used Kik at the time of the crime.

    What defense did his lawyer even try? I'm so confused.

    by Aurornis