From Admissibility to Contestability: Structural Opacity, Encrypted-Platform Evidence, and the Limits of Adversarial Review
Material from encrypted communication platforms now appears in serious criminal cases, while its origin and processing often stay opaque to the defence. The article argues that admissibility alone is too weak a safeguard and that proceedings should secure the practical ability to contest such evidence. It asks what adversarial review requires when the underlying methods are structurally difficult to examine.