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The stress of being arrested and threatened with years in prison if you don't remember your passcode could very well cause someone to forget it.
by negidius 3y ago
The stress of being arrested and threatened with years in prison if you don't remember your passcode could very well cause someone to forget it.
- blibble 3y agothe thing is it's not incontrovertible proof, it's "beyond reasonable doubt" the prosecution would show up with when you bought the phone, how many times you'd used it, that you used it 80 times in the last hour, and so on and it comes down to whether or not a jury would believe that you had really forgotten it (despite that evidence)
- negidius 3y agoWhich means that someone who forgets their passcode because of the stress of being arrested and threatened with years in prison could easily be wrongfully convicted. It's a horrible law, even for those who don't care about privacy.
- blibble 3y agoI am not a fan of the RIP Act (and there's plenty more badness in there) but playing devil's advocate, without this specific offence the disclosure sections would be completely ineffectual (remember the UK also allows adverse inferences to be made from silence, it is not the US)
- flangola7 3y agoIf you can't remain silent then what are you supposed to do to not accidentally incriminate yourself?
- tristor 3y agoThis is one of the reasons why other countries outside the US aren't as free as the US, even though the US is a complete mess too in different ways. Freedom of both speech and silence are not really respected in law anywhere outside the US to the extent that they are in the US.
- kspacewalk2 3y agoMany many countries have rules against drawing adverse inferences from silence, including event Scotland, which is part of the UK.
- midoridensha 3y agoScotland really should leave the UK, and then rejoin the EU. They'd be better off.
- TeaDude 3y agoThey also have apecific devolved laws that you can be arrested for illegal speech in your own home and your children can be interrogated about it.
- 1827162 3y agohttps://www.spiked-online.com/2020/10/29/sending-the-thought-polis-into-scottish-homes/ https://www.spiked-online.com/2020/10/29/sending-the-thought... Yes, the Scottish Hate Crime bill. And as expected, they are trying to expand it to cover misogyny. So someone's going to end up serving time for a silly joke they made in a pub. https://www.thetimes.co.uk/article/scots-give-backing-to-make-misogyny-a-hate-crime-0lcfx6wtl https://www.thetimes.co.uk/article/scots-give-backing-to-mak... https://www.spiked-online.com/2021/09/11/why-misogyny-must-not-become-a-hate-crime/ https://www.spiked-online.com/2021/09/11/why-misogyny-must-n... https://www.spiked-online.com/2022/03/16/dont-make-misogyny-a-hate-crime/ https://www.spiked-online.com/2022/03/16/dont-make-misogyny-...
- barney54 3y agoYou say nothing about the alleged crime and instead ask for an attorney. Remember this important advice—shut the fuck up. https://youtu.be/sgWHrkDX35o https://youtu.be/sgWHrkDX35o
- flangola7 3y agoThat video is about US law. The above comment says shutting the fuck up can be used as a negative inference against you in court.
- Paul-Craft 3y agoNot if you get a lawyer, because as soon as your lawyer shows up, they say "My client invokes his/her right to remain silent."
- flangola7 3y agoWhat right to remain silent are you referring to? Can you link it?
- miles 3y ago> remember the UK also allows adverse inferences to be made from silence, it is not the US Even in the US, the law has changed rather drastically[0]: “The only way to prevent the government from introducing evidence of the suspect's silence at trial is to explicitly invoke (assert) the right to say nothing. In other words, without being warned by the police or advised by a lawyer, and without even the benefit of the familiar Miranda warnings (which might trigger an ‘I want to invoke my right to be silent!’), the interviewee must apparently say words to the effect of, ‘I invoke my privilege against self-incrimination.’” [0] https://www.nolo.com/legal-encyclopedia/when-how-invoke-your-right-silence.html https://www.nolo.com/legal-encyclopedia/when-how-invoke-your...
- yongjik 3y agoIANAL but it sounds like this defense would be received about as well as "Your honor, the defendant was in grave stress of being arrested and threatened with years in prison. That's why he completely forgot why and how he parked his car next to Crosby Lake and was walking in the shallow water, carrying an identified bag, at 3am."
- mike_hock 3y agoSo basically that just proves the parent poster's point because the burden of proof is on the prosecution to prove that the defendant was carrying a bag containing a body and the defendant is under no obligation to remember or justify parking his car by the lake at 3am and walking around.
- bippihippi1 3y agoThe defendant didn't admit to a crime and wouldn't open their house to unreasonable search. how suspicious
- counttheforks 3y agoright, you are explaining why the law is ridiculous and unfair
- yencabulator 3y agoThe lesson to take away from that is to have a smaller compartment (or multiple) inside the computer that contains all the juicy stuff. Unlock the main one, claim to have forgotten the keys for the juicy compartments, and you're keeping it around in hopes of remembering the key one day.
- jimmygrapes 3y agoJust today (and many times before) I witnessed a coworker flummoxed by their Windows log in PIN not working. They insisted it was the same thing they used to log in not even 10 minutes ago, before locking it to go pee. However perhaps because I was asking for immediate information, the PIN they used countless times per day simply didn't work. I said "don't worry about it, I'll figure it out" and walked away. Few seconds later they shouted down the hall, "It worked this time, what did you need again?"
- lenkite 3y agoFolks mistype when they are in a hurry. They were likely remembering it correctly but not inputing it properly until you walked away.
- ericbarrett 3y agoA few weeks ago my house sprang a massive leak in the roof during a rainstorm, just as I was preparing for a week-long business trip. I got so stressed, the next morning I forgot the passcode I'd been typing into my iPhone for the last five years. Three days of carefully writing down my attempts didn't work—I hit the ten-mistake limit and the phone auto-wiped.
- carlmr 3y agoEspecially that. I forgot my pin once in a stressful situation as well, and that wiped my brain. I ordered a new SIM card which was luckily enough. But sometimes you store something in muscle memory, not number memory.
- plonq 3y agoSomething similar happened to me (though I did eventually remember). Now I always save PINs and passcodes in a password manager
- anonzzzies 3y agoI invalidated my debit card in a similar event. I used it hours before but suddenly for the life of me I couldn’t remember the 4 digits and nor could my fingers. It was after I heard about a death of a relative. Eventually I remembered but the card was already useless and a new one had been dispatched to me.
- eviks 3y agoYeah, 10 is a stupidly low limit, it won't save you from some hackers, and it won't help you much when you forget