Comment on U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk

• balsoft@lemmy.ml ⁨2⁩ ⁨months⁩ ago

  Nah, it doesn’t change anything. The statute says

  Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.

  It’s clear that if he intended to wipe the phone and told the officer a password which would erase the contents, he “knowingly took an action for the purpose of preventing the Government’s lawful authority to take such property into its custody”.

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  • slauraure@beehaw.org ⁨2⁩ ⁨months⁩ ago

    That’s why you write the duress pin on a note and “hide” it poorly inside the phone case.

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    • balsoft@lemmy.ml ⁨2⁩ ⁨months⁩ ago

      Honestly yeah, that’s the best solution if you want to do something like this.

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  • tracelr402@piefed.blahaj.zone ⁨2⁩ ⁨months⁩ ago

    But it getting wiped didn’t impede them from taking the property into custody

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    • balsoft@lemmy.ml ⁨2⁩ ⁨months⁩ ago

      Data contained on the phone is very much the property which they wanted to take into custody or control, and it was wiped.

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• furrowsofar@beehaw.org ⁨2⁩ ⁨months⁩ ago

  The problem. You cannot lie to an agent, but you can remain silent. Your also taking an action with a known consequence and an action that is not allowed.

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  • Onomatopoeia@lemmy.cafe ⁨2⁩ ⁨months⁩ ago

    I want to see the agent’s proof that he entered the pin correctly

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