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>no full disk encryption In Australia, they can force you to reveal the password. >Failure to comply with an assistance order is a criminal offence. When the
by brokenmachine 2y ago
>no full disk encryption
In Australia, they can force you to reveal the password.
>Failure to comply with an assistance order is a criminal offence. When the law was first enacted, the maximum penalty was 6 months imprisonment. However, authorities have since raised the maximum penalty to 2 years behind bars.
https://www.sydneycriminallawyers.com.au/blog/can-police-demand-the-password-to-my-phone-or-computer/ https://www.sydneycriminallawyers.com.au/blog/can-police-dem...
- ranger_danger 2y agohidden volume / plausible deniability and apparently it may not apply to phones: https://www.theguardian.com/australia-news/2019/aug/19/federal-police-fight-court-ruling-a-mobile-phone-is-not-a-computer https://www.theguardian.com/australia-news/2019/aug/19/feder... either way, remind me to never travel to australia
- brokenmachine 2y ago>either way, remind me to never travel to australia Assuming you're in the US. What happens if a non-citizen in the US is given a search warrant but refuses to unlock their computer?
- BLKNSLVR 2y agoFactory reset, minimal setup alternate phones are a requirement for any international travel. The phone is a portable data-portal, and the credentials to open the data-portal(s) are relatively easy to remember, therefore do no need to persist. 1. Prior to entering airport for departure: factory reset with essentially-dummy account. 2. After leaving airport at destination: add necessary accounts. 3. go to 1.
- ranger_danger 2y agothat might work for traveling, but just sitting at home and being raided without warning is a different story.
- BLKNSLVR 2y agoBeing entirely innocent of what I was suspected of was the one and only thing I can guarantee got me out of trouble (and for the 8-month period I wasn't entirely sure it would be enough). If I'm ever raided for things that I am guilty of, I'll let you know: Being an inhumanly well balanced and mature adult that can remain socially operational under accusation of being one of the worst types of human possible? Guilty as charged, worth the five year stretch. (yes, it was a traumatic experience that I don't think will ever be entirely wiped from my psyche, but if I can't make jokes about it then it's beaten me into submission, and I'm still too alive inside to let that happen).
- brokenmachine 2y agoThat sucks that that happened to you. You should be compensated, at the minimum for taking your equipment for that time. What would have happened if they found something else, like downloaded movies? Are they only allowed to charge you for what they say they're looking for on the search warrant?
- BLKNSLVR 2y agoIf I had a wish list, compensation would be well below "fix your processes and/or do your job better to minimise the chances of this happening to another innocent family" in the priority list. There was an extensive collection of music (I should say that fair chunk of it is legitimate in that I own the original CDs from which the electronic copies were ripped, or I actually paid for the electronic copies - hi bandcamp!) which was neither hidden nor encrypted (and quite well organised if I do say so myself), and nothing at all was mentioned about that, and it was all still present when I got my gear back. My understanding (and I have no specific actual knowledge or authority) is that, in the case of a raid, they can only charge you for crimes that are directly related to the reasons the raid was conducted in the first place. If they find evidence of other crimes it's essentially inadmissible because otherwise they wouldn't have found it, and "probable cause" (or some other concept like that) is required for the temporary suspension of rights required of a raid. I'm not sure what would happen if they discover a corpse in the process of conducting a raid for growing weed though. Not an exception, but to clarify the distinction, a while back a friend of mine had cause to request the police to attend his property (drunk person refusing to leave the house, or something along those lines) and whilst in his house the police noticed a couple of illegal firearms. Since the police were invited in, and the firearms were in plain sight, he was booked for possession of illegal firearms. I think the primary difference is the invitiation versus 'temporary suspension of rights'. In regards to "in plain sight", if law enforcement come to your door, make sure that they can't see whatever illegal shit you may have in your house from their position (since you haven't invited them in, but they're allowed to be on your doorstep and therefore look through the open door). This is likely true from any 'public' vantage point, such as through any of your windows.