The article makes it sound like this 'new' evidence became available after the first conviction. As I recall, it was available but the defense expert witness was not allowed to present it because the prosecution didn't understand it - even though just about anyone using internet explorer in that time frame was likely to have experienced similar pop-up hijacks. The ability to suppress evidence just because it is complicated is pretty scary. This time it looks like things will work out because a large number of people do understand software vulnerabilities but what about cases of things that are just a little less common?

[ reply ]

Link to this comment: http://www.securityfocus.com/comments/articles/11469/34659#34659