← Back to context

Comment by gruez

10 hours ago

[flagged]

There is a difference between exploding a bomb and deleting your data. One is a crime.

  • >There is a difference between exploding a bomb

    Mines (in wars, as implied by "solider") aren't illegal. Also even for the first example there are certainly improvised explosives you can set up that isn't criminal to create or set off, fireworks for instance. Same with a barrel of gasoline. It's certainly a crime to use it to kill someone, but that's my point. By OP's logic it's not the person who set it up's fault, it's the person who triggered it.

    • If you set up a device to explode once someone enters a room, it doesn't matter who set it off by entering the room if they had no idea the room would blow up.

      I don't think it'll be very easy to get out of liability in this case. The duress PIN is a feature explicitly designed to delete all data when it is entered, especially in cases of coercion like this. There would be more plausible deniability if officers had simply discovered it somewhere and tried it on their own, but in this case it was knowingly provided directly in place of the real PIN.

  • Intentional destruction of evidence is also a crime. Now, whether this applies to this scenario I suppose will have to be determined by the courts.

    Destroying potential evidence before suspicion is not a crime. Destroying it once under suspicion is a crime. So anyone can destroy their data at their hotel room even just before entry even if the data contains evidence of crimes. Of course the courts could take that into evidence to support the argument that there were crimes but it would not be a crime in and of itself.

    • Great comment. Wish it was the top one so I didn't have to read through the others to get here.

      Do you have thoughts as to how the courts would debate the deletion that you could present on a similar intellectual plane?

    • Destroying potential evidence before suspicion is a crime if done with intent to impede a future investigation, even if the investigation hasn't yet started. Your example would be a crime if it could be proven that there would likely have been evidence in what you deleted.

  • Deleting your data is absolutely a crime when you know the authorities could've wanted whatever it was you deleted -- even if they haven't told you yet. It stands to reason that providing a duress PIN that deletes your data when entered would be a crime as well, if said data is of interest.

    Not to say that I personally agree with either of those cases. But what is considered crime can get pretty unfair when it comes to the authorities thinking you did something wrong.