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U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk (www.nytimes.com)
submitted 2 days ago by to c/technology@lemmy.world
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[–] 3 points 2 days ago (2 children)

If they found a duress password in his wallet, and used it, they would 100% prosecute for that.

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  • [–] 9 points 2 days ago (1 child)

    They would, but he'd have a significantly better chance at winning. Having a duress setup/password isn't illegal. if you plead the 5th on what that pin code is, i don't think they'd have a leg to stand on.

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  • [–] 2 points 2 days ago (1 child)

    I don't know if it would win or not. But the cops could argue that you put that piece of paper as a premeditated trap designed to wipe evidence and interfere with their investigation, if they caught you. Especially if you wrote any of that down and they found it. Honestly I'm not sure what the jury would agree with in this country.

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  • [–] 5 points 2 days ago (1 child)

    So what? Yes, that's what the paper note is for. If someone wants to get unauthorized access, they will likely try it and wipe the phone. You have zero obligation to warn them not to do that. You didn't authorize access.

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  • [–] 5 points 2 days ago (1 child)

    That would have been a completely different situation though. Even if the pass was written in a note inside his phone case, it's not illegal to have it, right? If your computer has a button that wipes it and a cop presses it, you aren't liable, right?

    The issue here is that he told the cop that that button switches the computer on, which is a lie and it shows intent on destroying evidence.

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