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Destruction of evidence charges filed for remotely wiping iPhone

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Re: Destruction of evidence charges filed for remotely wiping iPhone

#51

I guess it didn't have a passcode? Just let the police try whatever they have, as long as you have the iOS 12 update that disables accessories and thwarts "GrayKey" there's no need to remotely wipe it.

It only locks out accessories if the device has been locked for over an hour, so make sure to lock your device at least an hour before getting arrested, or reboot it. Also make sure the option is enabled under passcode settings; I think it's disabled by default.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#52
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.

And everytime you put the phone in a safe, it gets wiped...

Re: Destruction of evidence charges filed for remotely wiping iPhone

#53
post #34

Earlier quoted context omitted.

Isn’t there a free speech aspect to canaries? Can the court force someone to publicly tell an explicit lie?

only if you're covert working for 3 lettered agencies can you lie and get away with it. Though they'd get you out some other way to avoid blowing your cover.

[deleted]

Re: Destruction of evidence charges filed for remotely wiping iPhone

#54
post #34

Earlier quoted context omitted.

So you've updated it 45 times and the time you "forgot" to update coincided with the time you got the secret order?

Isn’t there a free speech aspect to canaries? Can the court force someone to publicly tell an explicit lie?

I would argue that you brought yourself in this mess. The only valid reason for having a canary is to evade the requirements of the law, so you can't complain.

It's an argument, I'm no fan of secret orders or the government telling you to lie or keep quiet.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#55
Does anyone know what the standard of proof is for destruction of evidence? It seems a simple defense in a case like this is to have previously shared ones iCloud password with their entire family. Each family member then creates reasonable doubt for any family member who is tried for the crime.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#57
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?

Logging the phone out doesn't matter in that case. The police can request your data from Google/Slack/Facebook's lawyers.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#58
post #44

Earlier quoted context omitted.

So the law says NOT to notify users about secret subpoenas. If you do, no matter how cute you think your method is, IMO, you broke the law. Oh, but just I took a file offline. Nope. The law can be unjust but that's another thing.

That's not how warrant canaries work, though there is no case law I'm aware of that determines whether or not they are actually legal. The idea is that you have a message you update regularly to specify whether you have received an NSL -- you never delete the latest version. If you get an NSL you comply by doing nothing (and by your inactivity you've signalled that the warrant canary was tripped). There is a valid fr…

Schneier is right. Warrant canaries are just another side of the same coin as the sovereign citizen movement. Word games and magical thinking is not going to fool any judges.

While I do think secret warrants are unjust most of the time (and nobody can verify that they are justly applied when applied), the intent of the law is obviously to not let anyone know about the warrant, if you do you have broken the law regardless of how you did it. Any judge that rules otherwise is engaging in judicial activism.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#59
post #52

Earlier quoted context omitted.

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.

And everytime you put the phone in a safe, it gets wiped...

Or if you go hiking in the middle of nowhere with no signal, the phone wipes itself. Very useful thanks.

Re: Destruction of evidence charges filed for remotely wiping iPhone

#60

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 r…

>> Could they somehow charge you for not warning the police about the auto-wipe when they took your phone? They might charge but "I was arrested, my mind was going nuts...was setup a long time ago, never hit my mind" etc etc. You need to be doing it on purpose and knowingly.

Well, unless you never needed to reset the switch while you kept evidence on the phone, you have demonstrated that you are aware of the system and actively worked to keep it running. That a system you knowingly and on purpose set up to destroy evidence then worked exactly as intended once arrested isn't a defence.

You are probably better off just pretending it got bricked by some random software update.

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