Comment by pbhjpbhj
On the other hand "he was using the dark-web Tor browser beloved of criminals and widely used amongst drug sellers" is probably pretty convincing to jurors.
On the other hand "he was using the dark-web Tor browser beloved of criminals and widely used amongst drug sellers" is probably pretty convincing to jurors.
I think the point was that you aren't being "charged" with using Tor, you are being charged with buying drugs online. You have Tor installed and unfortunately a very small percentage of people have Tor installed. That might be enough to convince a jury, or be enough pressure for you to plead down to a lower crime to reduce that risk.
There first has to be some actual evidence that you were buying drugs online. If the cops search you and find drugs, it isn't going to matter a lot one way or the other whether you have Tor installed.
If you weren't actually buying drugs online then there shouldn't be any evidence that you were (or the cops planted it and then we're back to it not really mattering whether you have Tor installed). And then what are they charging you with that would even make it to a jury instead of being dismissed by the judge for lack of evidence?
Drugs are sent to you and intercepted. You claim, though your lawyer, someone was just using your house as a drop and you have no idea who ordered them. They get your computer, you have Tor installed. Prosecutor argues Tor is only used for CP and drugs. Is that enough to convict? Maybe.
If Tor was ubiquitous obviously not, but its very niche, and looking at a chart of use, its pretty much only used for drugs and CP. There are privacy use cases, but just like using crypto as a currency and not a speculative gambling investment, its in the small minority of uses.
What jury? Only 2% of criminal cases go to trial. The goal is to give them nothing they can use to bring you up on (false) charges. Using Tor isn't a chargeable offense in free countries.