5 ms·

Police want to destroy iPad because they cannot delete illegal image

35 points by neverminder 11y ago

cmdrfred 11y ago
What is an illegal image? Child pornography I'd have to assume without any more information.
- dogma1138 11y ago
  With how the law is worded it could be some one in a horse mask or holding a scary dildo. At this point if you like s&m you might end up going to jail for "rape" porn.
- zardo 11y ago
  In the UK it could probably include a hate-speech or harassment image.
elthran 11y ago
How on earth can they not delete a picture from an iPad?
- soylentcola 11y ago
  I assume they can wipe the whole thing quite easily if they don't care about backing up or preserving anything. Sucks for the owner but sure beats charges based on the "illegal image" or even losing the entire device. That said, it's a reddit comment without much info. Even taking it at face value my guess is that there's no official procedure or interest in bothering by the police but they can easily scrap the thing without any fuss (or mark as destroyed, wipe, and "repurpose" if you're feeling cynical.)
fleitz 11y ago
As soon as you realize 'destroy' means 'give to an officer's kids' you'll understand why they can't delete the image. As always talk to a lawyer, HN is the wrong place to ask legal advice.
- pc86 11y ago
  Did you go to the link? It's a Reddit post at /r/LegalAdviceUK.
  - deleted 11y ago
    [deleted]
- pc86 11y ago
  Before you deleted the snarky nonsense, I was going to reply with this: My point was that nobody is "going to HN for legal advice." Someone who is not the OP, who likely will never see the comment I replied to, posted the thread on Reddit. That's what I was pointing out to you.
achairapart 11y ago
Better don't tell 'em about iCloud backups.
- qb45 11y ago
  Are they client-side encrypted? If this is the case, then simple "I have uploaded illegal files to one unspecified account" should get the whole datacentre destroyed :)
grapetree67 11y ago
I'm assuming it's child porn? If so the OP should be happy he's only losing an ipad, possession of child porn is a strict liability crime and they could have messed with him a lot more if they wanted to.
- djtriptych 11y ago
  I have to guess both parties are underage. Judges are and should be lenient in this situation. Let the parent decide if the kid gets the ipad back.
- ue_ 11y ago
  Knowing it's the UK, it might even be a picture of a drawing depicting a childlike character engaged in a sexual act; it doesn't even have to be of a real child - it could even be something plucked from the artist's imagination (lolicon, shotacon, toddlercon etc.) Creating or possessing such a picture is a separate offence, but (stupidly if I may say so) still an offence.
J-dawg 11y ago
Before I clicked, I thought "I bet this is in the UK". This is the country where you can be prosecuted for possessing porn featuring a 'tiger' which is actually a man in a tiger suit. [0] This is also the country where you can be prosecuted for possessing porn that is sent to you unsolicited via Whatsapp. [1] This is also the country where you can be convicted for tweeting a bad joke, lose your job in the process, and have to go to one of the highest courts in the land to get it overturned [2] The 2008 'extreme porn' law is one of a host of extremely fucking terrifying laws that allow the authorities to essentially destroy your life on a whim (see also: Communications Act 2003, Racial and Religious Hatred Act 2006). It doesn't matter if the evidence isn't credible, they can drag you through the courts and ruin your reputation without ever getting a conviction. Combine this with one of the most effective mass surveillance programs in the world, you realise we have already built a ready-made turnkey authoritarian dictatorship. The really scary part is that nobody seems to give a shit. [0] https://www.vice.com/en_uk/read/andrew-holland-tiger-porn-883 https://www.vice.com/en_uk/read/andrew-holland-tiger-porn-88... [1] http://m.computing.co.uk/ctg/news/2358930/backbytes-someone-sent-you-some-unsolicited-smut-you-may-be-prosecuted-for-it http://m.computing.co.uk/ctg/news/2358930/backbytes-someone-... [2] https://en.m.wikipedia.org/wiki/Twitter_Joke_Trial https://en.m.wikipedia.org/wiki/Twitter_Joke_Trial
- grapetree67 11y ago
  Wow. I read the first article with my jaw wide open. That is absolutely ridiculous. Had no idea the UK is so afraid of "extreme porn" (whatever that means) that they're willing to blatantly eliminate the right to free speech and expression.
- dazc 11y ago
  Reminded me of this https://abarristerswife.wordpress.com/2013/05/05/exhibit-a-the-child-pornographer/ https://abarristerswife.wordpress.com/2013/05/05/exhibit-a-t...
- switch007 11y ago
  In modern employment contracts it's common to see clauses that state that you will be fired if you are convicted of any criminal offence (with some exclusions for speeding fines etc). Given the state of law in the UK that's quite frightening. No wonder so many people live in perpetual fear.

35 points by neverminder 11y ago

cmdrfred 11y ago

What is an illegal image? Child pornography I'd have to assume without any more information.

dogma1138 11y ago
With how the law is worded it could be some one in a horse mask or holding a scary dildo. At this point if you like s&m you might end up going to jail for "rape" porn.
zardo 11y ago
In the UK it could probably include a hate-speech or harassment image.

elthran 11y ago

How on earth can they not delete a picture from an iPad?

soylentcola 11y ago
I assume they can wipe the whole thing quite easily if they don't care about backing up or preserving anything. Sucks for the owner but sure beats charges based on the "illegal image" or even losing the entire device. That said, it's a reddit comment without much info. Even taking it at face value my guess is that there's no official procedure or interest in bothering by the police but they can easily scrap the thing without any fuss (or mark as destroyed, wipe, and "repurpose" if you're feeling cynical.)

fleitz 11y ago

As soon as you realize 'destroy' means 'give to an officer's kids' you'll understand why they can't delete the image. As always talk to a lawyer, HN is the wrong place to ask legal advice.

pc86 11y ago
Did you go to the link? It's a Reddit post at /r/LegalAdviceUK.
- deleted 11y ago
  [deleted]
pc86 11y ago
Before you deleted the snarky nonsense, I was going to reply with this: My point was that nobody is "going to HN for legal advice." Someone who is not the OP, who likely will never see the comment I replied to, posted the thread on Reddit. That's what I was pointing out to you.

achairapart 11y ago

Better don't tell 'em about iCloud backups.

qb45 11y ago
Are they client-side encrypted? If this is the case, then simple "I have uploaded illegal files to one unspecified account" should get the whole datacentre destroyed :)

grapetree67 11y ago

I'm assuming it's child porn? If so the OP should be happy he's only losing an ipad, possession of child porn is a strict liability crime and they could have messed with him a lot more if they wanted to.

djtriptych 11y ago
I have to guess both parties are underage. Judges are and should be lenient in this situation. Let the parent decide if the kid gets the ipad back.
ue_ 11y ago
Knowing it's the UK, it might even be a picture of a drawing depicting a childlike character engaged in a sexual act; it doesn't even have to be of a real child - it could even be something plucked from the artist's imagination (lolicon, shotacon, toddlercon etc.) Creating or possessing such a picture is a separate offence, but (stupidly if I may say so) still an offence.

J-dawg 11y ago

Before I clicked, I thought "I bet this is in the UK". This is the country where you can be prosecuted for possessing porn featuring a 'tiger' which is actually a man in a tiger suit. [0] This is also the country where you can be prosecuted for possessing porn that is sent to you unsolicited via Whatsapp. [1] This is also the country where you can be convicted for tweeting a bad joke, lose your job in the process, and have to go to one of the highest courts in the land to get it overturned [2] The 2008 'extreme porn' law is one of a host of extremely fucking terrifying laws that allow the authorities to essentially destroy your life on a whim (see also: Communications Act 2003, Racial and Religious Hatred Act 2006). It doesn't matter if the evidence isn't credible, they can drag you through the courts and ruin your reputation without ever getting a conviction. Combine this with one of the most effective mass surveillance programs in the world, you realise we have already built a ready-made turnkey authoritarian dictatorship. The really scary part is that nobody seems to give a shit. [0] https://www.vice.com/en_uk/read/andrew-holland-tiger-porn-883 https://www.vice.com/en_uk/read/andrew-holland-tiger-porn-88... [1] http://m.computing.co.uk/ctg/news/2358930/backbytes-someone-sent-you-some-unsolicited-smut-you-may-be-prosecuted-for-it http://m.computing.co.uk/ctg/news/2358930/backbytes-someone-... [2] https://en.m.wikipedia.org/wiki/Twitter_Joke_Trial https://en.m.wikipedia.org/wiki/Twitter_Joke_Trial

grapetree67 11y ago
Wow. I read the first article with my jaw wide open. That is absolutely ridiculous. Had no idea the UK is so afraid of "extreme porn" (whatever that means) that they're willing to blatantly eliminate the right to free speech and expression.
dazc 11y ago
Reminded me of this https://abarristerswife.wordpress.com/2013/05/05/exhibit-a-the-child-pornographer/ https://abarristerswife.wordpress.com/2013/05/05/exhibit-a-t...
switch007 11y ago
In modern employment contracts it's common to see clauses that state that you will be fired if you are convicted of any criminal offence (with some exclusions for speeding fines etc). Given the state of law in the UK that's quite frightening. No wonder so many people live in perpetual fear.