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> That being said, I would be O.K. if the scan is performed on the device upon physical access by the authorities. In the U.S., due to how the rules of evidenc
by torstenvl 5y ago
> That being said, I would be O.K. if the scan is performed on the device upon physical access by the authorities.
In the U.S., due to how the rules of evidence work, this would be of limited utility. You want the results of the scan to come from a trustworthy expert who can testify, who uses equipment and software that is tested and calibrated frequently. Because the suspect's own device won't have those calibration records, trying to use the results from such a scan would raise issues of foundation and authenticity.
If I were a prosecutor and I had a case like that come in, I would still send the device in to the lab for an expert forensic extraction.
(Edit to reply to a response below: Yes, theoretically, such an on-device scan could be used to establish probable cause, but that seems circular, since the authorities wouldn't be able to seize the phone in the first place unless they already had probable cause or consent from the owner, either of which would obviate the need to establish probable cause via the on-device scan.)
- stjohnswarts 5y agoIt would be used to get a warrant to trace the persons online activities and get his/her phone as evidence. This isn't going to be used to send out a SWAT team upon notice from apple.
- mrtksn 5y agoThanks, interesting details. I guess the legislators and the tech companies can work something out on the practical issues instead of turning people's devices into always watching policemen.