He was kept in prison without trial longer than any civilian before the War in Afghanistan, while appellate courts threw out nearly every motion made to set bail and gain release of Mitnick, and while Mitnick himself was becoming an urban legend. The United States District Court did establish that the government could not hack into Mitnick’s encrypted files to gain evidence against him, nor was the defense required to provide the government files from Mitnick’s encrypted drives. While prosecution has an affirmative duty to reveal evidence favorable to the defense, the defendant has no reciprocal duty. Under Fifth Amendment protection, prosecution cannot require a defendant to explain the evidence in the prosecution’s possession nor force the defendant to give up the encryption codes. So, the court noted that encrypted evidence would not be part of the prosecution’s case since it had no idea of what was on the encrypted devices. The court concluded that “as long as he has the keys in. My apartment. And someone was in my bed uninvited. WTF? So I turned them back on again to see just who it was.My unconscious brain must have been hard at work because as the lights came on and blinded me again, I knew who it was.The last time I'd seen her was "That Night" and the last time we'd talked was not a pleasant memory. She had told me to "Never speak to me again." And I hadn't. After a couple of months, it still hurt too.I remember getting annoyed then. After telling me to piss off and never have anything to do with her again, she shows up and somehow convinces my room mate that it's a good idea to let her sleep in my bed. He was my main support when she had dumped me. He would have known better.But that also meant that either she bribed him or had a really good reason. I trusted his judgement and here she was. So I shelved my anger and decided to give her a chance."What are you doing here and why are you in my bed?," I demanded.She took a breath before speaking. "We need to.
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