this post was submitted on 13 Jun 2023
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I have to say this is quite a worrying abuse. Both of software, and of privacy.
It's being deployed for something it's not meant for, and being used to remove liberties for it. Of course, much of this will be lost to media circles as in CSA cases, the presumption is guilt in the public's mind.
Whatever the truth of the original conviction, the use of this software as a condition of bail should be banned, and abhorrent to anyone who values justice.
That is not to say the software doesn't have it's uses - especially in cases of porn addiction. However, the software is nowhere near good enough to be used in legal cases. It says so itself. It errs, intentionally, on gathering more data, on being more conservative, simply because it's not good enough to make the judgement on its own.
That's before we look at the unintentional consequences of impinging on the freedom of an innocent person ('Hannah'), and the way in which the software is not 'intelligent' enough to make judgements on whether or not it should take a photo of emails. It also led to fear of accessing help (and an inability to access help).
Use of this software in this way is an abuse.
Not to mention the fact that any reasonable person would say that its use constitutes a punishment in and of itself.
We need a standard for pretrial release where if any measure could, if taken in isolation, be considered punitive, prosecutors are not allowed to ask for it.