Comment by LoganDark

11 hours ago

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.

20 comments

LoganDark

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hamper653  10 hours ago

> when it comes to the authorities thinking you did something wrong

Did they though? Was there an actual investigation going on?

  • LoganDark  10 hours ago

    Here "wrong" includes phony bullshit like going after political activists. Even if you did nothing actually wrong, and you know it, and you can prove it, successfully messing with the authorities tends to be pretty difficult.

bdangubic  11 hours ago

Can you provide a statute number for this crime please? Any federal or even state statute will do

  • yodon  11 hours ago

    > Can you provide a statute number for this crime please? Any federal or even state statute will do

    The google search required to find the answer ("federal statute for destruction of evidence") is shorter than your question here.

    "Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry..."[0]

    [0]https://www.law.cornell.edu/uscode/text/18/1519

    • croon  10 hours ago

      Let's say I want to retire my laptop to my kid, so I reformat it. Are you saying in the eventuality that federal police then wants my laptop that I have committed a crime?

      If so, on that assumption, should no one ever be able to erase data on their hardware? Is it schrodingers guilt, that you're simply not guilty until someone looks, and then you are?

      And if not, you haven't answered GP's question.

      2 replies →

  • LoganDark  11 hours ago

    There is a federal criminal provision, 18 U.S.C. § 1519 (destruction, alteration, or falsification of records in federal investigations)

    > Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

    That covers the first part of my comment. As for the second part, there is 18 U.S.C. § 2232(a) (destruction or removal of property to prevent seizure)

    > 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.

    IANAL, but the encrypted data on the device could be considered property, and the act of providing the duress PIN in place of the real one could be considered a knowing action for the purpose of preventing the government either from continuing to hold that data under its control, or from seizing the data into its control in the first place (since the data was never decrypted).