Comment by foldr
7 days ago
In principle, yes. It may be that the bar was set too high and that there needs to be some clarification of exactly what the presumption means.
I’d argue that some kind of weak presumption along these lines clearly makes sense and is probably universal across legal systems. For example, suppose the police find that X has an incriminating email from Y after searching X’s laptop. Are they required to prove that GMail doesn’t have a bug causing it to corrupt email contents or send emails to the wrong recipients? Presumably not.
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