Yes, it can be a criminal offence. But the maximum tariff for this under RIPA 2000 is five years. If it’s not about nation security or CSAM, it’s two.
(Incidentally, the USA is a real outlier in this topic)
I'm not even sure how much practical difference there is between 5 and indefinite in practice, 5 years is a long time. I imagine it is pretty life-destroying. Especially for the crime of having something on your phone that you want to keep private.
> If it’s not about nation security or CSAM, it’s two.
I am sure we all get what you mean, but there is a comic interpretation in vaguely-Soviet style here where if someone hasn't done anything wrong they only get 2 years. I'm going to spend some time this weekend making sure my encryption is plausibly deniable where possible.
Before a judge grants the notice, they must be satisfied that:
The key to the protected information is in the possession of the person given notice. Disclosure is necessary in the interest of national security, in preventing or detecting crime or in the interests of the economic wellbeing of the UK. Disclosure is proportionate. If the protected information cannot be obtained by reasonable means.
I'm sure China could find some judges to rule in the name of national security if it would give everyone warm fuzzies.
Judicial checks and balances only function when they're independent of the executive and parliament
???
Of all the issues with the US justice system, being compelled to disclose passwords isn't one of them. It is an issue for UK, though.
Under the present administration I wouldn't be surprised if for example ICE tried the $5 wrench method.
This is not totally true. It is also a US issue: CBP has been asking for passwords (or to unlock the device) for phones and computers for more than a year now. Last year, multiple people got turned around because they disagreed with US policies and political views that differ from those of the US's current president.
so they were not in US technically?
CBP is also asking, not compelling. You don't have to give them your password. If you don't, and you're a foreigner, you may be turned away. If you're a citizen, and I remember correctly, they can seize your device for up to two days if they want.
But they're not going to put you in prison for refusing like the U.K. and Hong Kong will.
I'm sure there's some people here working on mobile operating systems, might be worth considering?
Or even worse, you did give them the real password, but because your phone supports the feature and your profile is kind of barren, they don't believe you. Now you are in a very bad lose-lose situation.
It'd be pretty hard to make the fake profile appear to be the real one.
https://source.android.com/docs/security/features/private-sp...
Now we just have to wait N years for Android and iOS to get approval from the government to build something similar, that they can market yet somehow screw up enough to not actually help.
if i didn't need any of those apps then sure, but unfortunately there is no way around these apps if i want to keep in touch with certain people that are important to me.
Unfortunately, it's pretty common to only have a smartphone as your sole compute device, and increasingly onerous not to own one at all.
Yes, and I think this unfortunately demands a grey area. I'm starting to treat my smartphone more like a work device, and there are a few things I do on it:
- My work's authenticator app is there.
- Unfortunately Signal is tied to smartphone usage.
- Practically speaking, people will expect to be able to send you text messages.
- It's still useful for taking pictures.
- My banking app is on there.
Outside of rare occasions, that's really all I use my phone for. I don't carry it around the house. If I go somewhere with my wife, I don't even bring my phone most of the time. I'm "required" to have it, but in principle it's not even mine. It shouldn't be trusted or enjoyed.
>China makes you give phone passwords, China makes Apple give user data
>The US wiretaps 1 person
"OMG THIS IS AN OUTRAGE!"
We forget because a Republikan is in charge how good we have it in the west. We forget how bad it is elsewhere.
xvector•1h ago
EGreg•1h ago
netsharc•1h ago
dmitrygr•1h ago
comboy•1h ago
1. https://www.justsecurity.org/107087/tracker-litigation-legal...
2. https://www.cbpp.org/research/federal-budget/many-trump-admi...
netsharc•1h ago
The constitution doesn't say shooting citizens is illegal, right?
plagiarist•33m ago
garciansmith•1h ago
eqvinox•27m ago
That's great but of exactly zero help if you're trying to travel to the US and CBP (or ICE) are staring you down. Even if they don't gulag you, they can always just reject entry for any non-citizen (and these days even some citizens it seems.)
danlitt•19m ago
dmitrygr•1h ago
kubb•1h ago
dmitrygr•53m ago
Roleplaying inability to read will never not be funny
UK: https://www.pinsentmasons.com/out-law/news/law-requiring-dis...
France: https://www.fairtrials.org/articles/news/french-court-rules-...
Ireland: https://www.bbc.co.uk/news/world-europe-57468750
kubb•38m ago
China: Police can search phones of dissidents, and jail them for life for criticising the Party.
You: Europe is worse than China (or will be really soon I promise).
Disingenuous.
danlitt•20m ago
Speaking of being disingenuous, when you say "Police can search phones to counteract human traffickers", did you think critically about that at all before writing it? Given one of the stated justifications is "preventing terrorism", and the UK has been illegally arresting Palestine Action supporters as terrorists for over a year, this seems a little naive at least.
kubb•5m ago
That would be nonsensical. If you have anti-Xi propaganda on your phone (which could be the reasons you mention), you have nothing to fear in Europe or in the US and a lot to fear in China.
The US is actually worse than both China and Europe because it's 18th century amendments protect human traffickers. Although they do what they can to not have to adhere to those, especially in border control.
> What about Palestine Action...
I'll limit myself to the LARP about "oppressive Europe invigilating your phone".