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Legally speaking? While IANAL, looking at the warrant issued and signed, the nature of such a loss would be akin to any other loss incurred during a search and seizure.

In general, such losses are understood as incidental and the searchee is not protected from them. If the police smash your front door in, they aren't responsible for paying to replace the lock; if they think you hid drugs in your wall and take a Sawzall to it, they don't owe you drywall. In the extreme, it's been found that if a flashbang burns your house down during a raid, they aren't liable to replace your house (even if the target of the raid wasn't on that property). Warrants basically suspend some civil rights temporarily; that's why they require a judicial concurrence.

So I have no specific case citation for data loss due to a digital search and seizure, but my guess from analogy is that if you have an unusual configuration (cracked the botnet control program open and stored your private Bitcoin key in there?) and the FBI's counter-net wipes your data, you will not prevail in a court of law, much as if your front door was somehow load-bearing and the cops, upon hitting it with the battering ram, knocked your house over. But since I can't point to a specific case to give precedent, hey, whatever you and the lawyer you can afford can argue, I guess. ;)




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