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It certainly does. Whether or not that's a substantial enough difference is going to be one for the courts - I note in the US that cops can't search your phone
by peteretep 11y ago
It certainly does. Whether or not that's a substantial enough difference is going to be one for the courts - I note in the US that cops can't search your phone (but can search your wallet) on a routine stop for exactly the reasons you outline.
I guess my point was that it doesn't seem prima facie to me that your electronic data is more privileged than your non-electronic data is all, and your non-electronic data is certainly subject to warrant
- nitrogen 11y agoThe use of a warrant and the use of encryption should be completely orthogonal. It has nothing to do with "privilege" of electronic information. It's simply about the format in which information is stored.
- Godel_unicode 11y agoExcept that using encryption can directly affect the ability to execute the warrant, similarly to how you would use a shredder on physical documents. The files are in a state which is extremely difficult to work with, for the express purpose of preventing their access even with a warrant. Is that obstruction of justice? It would be with a shredder or a safe wired to burn papers if forced open.