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this post was submitted on 14 Nov 2023
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I don't think watermarking would be helpful. If you're the prosecution and you hand over watermarked evidence, but also want to leak evidence to the public, then you'd almost certainly use the version you watermarked. As we saw with the SCOTUS leaks, it's really hard to detect the source of court leaks.
But I don't think this helps the prosecution at all, in fact it may hinder being able to being this evidence at trial. And doesn't all this discovery material need to be kept secret? The court should be very motivated to find out where this leak came from. If they can't plug it, then this won't be the last leak, and there will be no way to hold a fair trial.