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Destruction of evidence charges filed for remotely wiping iPhone

dailygazette.com

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Re: Destruction of evidence charges filed for remotely wiping iPhone

#12
post #4
post #3

Earlier quoted context omitted.

Sell 'mobile' Faraday cages one for every squad car... Profit?

http://www.reynoldskitchens.com/aluminum-foil/

[1] + this kind of pouch. Probably could sell them for at least 100$ a piece. 'battle tested'

[1]https://i5.walmartimages.com/asr/15479a20-388b-4138-9f8c-1a1...

Re: Destruction of evidence charges filed for remotely wiping iPhone

#13
I'm kinda curious how the law would treat a dead man's switch that automatically wipes the phone if you haven't unlocked it for N hours (say, 24 or 48). (Assuming it was set up well before any event that prompted the phone's seizure, of course.) Could they somehow charge you for not warning the police about the auto-wipe when they took your phone? Does the answer change if you were officially under arrest and had a right to remain silent?

This seems like a pretty good idea in any case. If the seizing party can't crack the passcode anyway then it's a no-op. If they can then presumably they won't/can't do it right away, so it would add a bit of defense in depth.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#14
post #2

I guess the police will learn to put the phone in a Faraday cage as soon as it's seized

The FBI has been doing this for some years now. There was an amusing story a while back about how Verizon put a new cell on top of the building where the FBI had their special shielded room, and the signal was so strong it was able to penetrate the shielding and some phones were lost. I could only find this brief mention here: https://spectrum.ieee.org/tech-talk/telecom/wireless/when-th...

Re: Destruction of evidence charges filed for remotely wiping iPhone

#15
Maybe the detective should have to undergo some extra training? Though I guess they probably figured it out by now so no point but I mean seriously? In 2018 you are going to allow this to happen? Outsmarted by someone who sounds like a gangster. This has been an issue for years. I had a friend who was arrested for illegal fishing(5 fish out of season) and they took his phone. He was panicked because he didn't have a password on his phone and had done something that may have gotten him in trouble. For me being so experienced with tech at the time without even thinking said I would just remote wipe it if this happened to me. He said how. I said well just sign into google device manager. For those wondering he had some marijuana stuff which is now legal in Canada on his phone pictures of his plants or something nothing crazy. We were young and never thought about legal ramifications. But it seems like this has been possible for at least half a decade there should be standard procedure when taking a persons phone into custody.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#16
post #5

What is the penalty for destruction of evidence? If it's less than the crime at hand, it's logical to wipe. I'm a little surprised the police don't have faraday bags or a room to store evidence in that doesn't allow radio signals in.

Fines + up to 20 years at the federal level.

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

Re: Destruction of evidence charges filed for remotely wiping iPhone

#17
> Monday Update: Suspect in remote phone-wiping case denies wrongdoing, Nov. 12, 2018 > [https://dailygazette.com/article/2018/11/12/suspect-in-remot...]

> "Our position is that my client didn't access anything to remotely delete anything," Smalls said. "My client wouldn't have any knowledge how to do that."

That seems like something pretty easily disproven with a subpoena to Apple for records of whether a remote wipe command was issued, no?

Which makes me think the defendent probably indeed didn't remote wipe.

I wonder if it wiped itself after too many wrong password attempts (is that a thing they do?), or as the attorney suggests "days after her phone was seized, Grant got a new phone. Smalls said he didn't know if that had any impact on the data on the phone police had taken" -- does it auto-wipe the old phone in those circumstances sometimes?

Re: Destruction of evidence charges filed for remotely wiping iPhone

#18
post #7

What if I use the gmail/slack/whatsapp website instead of the app, and remotely log the phone out of google/etc if my device is seized. That way the data was only stored in RAM, and they shouldn't be able to access it once they get into the phone. Does that count as destruction of evidence?

If you deliberately do anything which will cause evidence to be placed beyond the reach of law enforcement then you are likely to be hit with charges. You can quibble over technical details, but at some point a judge will be asked if it fits the charge, and make a layman decision, not a programmer's one.

It would be difficult to determine that a web app has been remotely logged out vs. an entire phone being wiped.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#19
post #15

Maybe the detective should have to undergo some extra training? Though I guess they probably figured it out by now so no point but I mean seriously? In 2018 you are going to allow this to happen? Outsmarted by someone who sounds like a gangster. This has been an issue for years. I had a friend who was arrested for illegal fishing(5 fish out of season) and they took his phone. He was panicked because he didn't have a…

wait a second, i've seen this before...

Re: Destruction of evidence charges filed for remotely wiping iPhone

#20
post #2

I guess the police will learn to put the phone in a Faraday cage as soon as it's seized

One possible countermeasure: detect the lack of any electromagnetic field paired with no vibrations at all and colder temperature, ergo the phone isn't in someone's pocket in a no reception area but very likely was put in a shielded box. Phone sensors can reveal a lot of what is happening around them.
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