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> No, it won't technically stop them from installing a backdoor on your laptop, but I think you're kind of shifting goalposts with that argument. We're talking
by m4x 12y ago
> No, it won't technically stop them from installing a backdoor on your laptop, but I think you're kind of shifting goalposts with that argument. We're talking about warrants to decrypt data here.
That backdoor can then be used to acquire my encryption key and decrypt my data, so I think it's still entirely relevant. Less relevant but still entirely reasonable is my concern that compromising hardware during a border crossing should be considered even remotely acceptable!
> It's the difference between a 4th Amendment issue and a 5th Amendment issue. Whether or not the police could search your phone used to fall squarely within the bounds of the 4th Amendment. If you encrypted it yourself, it would then be a 5th Amendment issue - you have a right to not self-incriminate.
I don't think the main change between old phones which could be searched under the 4th amendment and new phones which cannot is encryption.
The main change is that an old phone used to be a relatively impersonal tool akin to a car or gun, while a new phone holds an incredible amount of intensely personal information about a person.
Seizing an old phone was no big deal; it would be as if the police wanted to seize the spade in my garage. Go for it. Use it to eliminate me from your investigations. Seizing a new phone, however, gives many of my intimate secrets to LEOs who are probably taking a hostile, confrontational stance towards me. It also gives those people an enormous amount of power over me. They now have access to my email accounts, forum accounts, personal contacts etc and could easily impersonate me or blackmail me. In theory they shouldn't take advantage of that power but I have no doubt that they would do so anyway, in some cases at least.
The reason I mentioned mind-reading (how do I say that without sounding like a kook?) is that it illustrates that point with a bit more impact. At some point it will become possible, and probably even desirable under the right circumstances, but the potential for abuse is enormous and it will need to be governed under far stronger laws than anybody is currently protected by. The 5th amendment might be adequate if it can be used to simply outlaw the practice, but I doubt that will happen. So how do you control what personal data LEOs have access to? And this exact problem exists right now with your smart phone, albeit to a lesser extent.
Another way of putting it would be: LEOs can currently request a warrant for particular searches - phone tap, call records, physical property at a specific address etc. But if they get one that covers "smartphone" (or, later, memories), that basically gives them access to everything, almost all of which will be quite personal and entirely unrelated to the case. So how do you control what they get access to?
Right now, the most secure option is to never record anything personal on any device, but that's harder said than done (and nobody on HN has achieved it!). Another option is to encrypt anything you consider private, and hope that your hardware or encryption scheme hasn't already been broken.
- csandreasen 12y ago> That backdoor can then be used to acquire my encryption key and decrypt my data, so I think it's still entirely relevant. Putting a backdoor on a device is utterly ineffective way of gathering evidence. If I was taken into custody and knew that damning evidence was on my phone, I would want to make sure that it never fell into police hands. The cop's backdoor would see me walk up to my car, place my phone carefully in front of the tire, and subsequently drive over it. $400 for a new phone is worth the price to stay out of jail. That said, this is all hypothetical - unless you have some evidence to show that the cops and border patrol are routinely putting malware on phones in order to decrypt the contents? > Seizing a new phone, however, gives many of my intimate secrets to LEOs Which is why they should need a warrant to do so. I'm all in favor of technical solutions to prevent them from decrypting your cell phone without one. > LEOs can currently request a warrant for particular searches - phone tap, call records, physical property at a specific address etc. But if they get one that covers "smartphone" (or, later, memories), that basically gives them access to everything, almost all of which will be quite personal and entirely unrelated to the case. Look at your examples again - in all of them (not just the cell phone), there is the potential for the police to collect personal information information that is completely unrelated to the case. That's why the police need to go before a judge and show probable cause in order to get a warrant. I don't understand why the folks on HN think it's okay for the cops to go into your home with a warrant and search through your personal effects (including your computer), but a cell phone is something completely different.