If Eve intercepts Bob's pulses and changes the separation between them, she can trick Alice into sending photons that have slightly different polarisations from those that were intended.
The court was also expected to rule on the admissibility of the captain's phone intercepts at the police station following his detention right after the shipwreck.
Some experts reckon the law on intercepts would not make listening to someone's messages after that person had heard them an offence, distasteful as it might seem.