While this is true how many people will have the time/money for doing a computer forensics analysis as their defense? (I mean it's fairly expensive.)
How much do you want to bet that the FBI [et al] can set up timers to vary the download times? Or to plant-and-alter when they do their own investigation
?
What we are seeing here is a complete lack of moral character; to expect them to play by the rules is [IMO] stupid — unless they're the ones making the rules.
They don't even have to get that fancy. Look how most people and the MSM fall for "hard drive crash" as an explanation for losing all of Lerner's emails at the IRS. Sophisticated evidence planting is not required. Basic run of the mill evidence planting will do just fine. ;-)
It is actually not all that difficult. Your everyday hacker already knows to insert random millisecond breaks between keystrokes when sending on a secure network so the overseeing software can not distinguish it from a 'real' person typing it in, thus enabling a set-timed program to log in with an anonymous username and send the message or software out.