Court Ruling Opens Phones To Warrantless Searches

[MarieLynn of DFW]

Warrantless Searches on your phone

Password-protect your phone!


Even if you do password-protect it, can you be forced to provide the password? Inquiring minds want to know.



MarieLynn

[jframe2]

You can be ordered to do most anything if a judge is convinced that doing so is pertinent to an investigation.

The real question is can one take the Contempt of Court ruling and more than likely do time in jail until they comply.

[guest040412]

There are also rulings which permit certain warrantless access to your email (which can often be accessed from a smartphone). Good primers on the overall issues:

https://ssd.eff.org/3rdparties/protect/getting-started

http://mobileactive.org/howtos/mobil...illance-primer

[daratu1]

There was a recent court ruling where they were not required to provide the encryption key to a laptop. However, smartphones such as android devices are something which can be opened with help from google. As JFrame loves to say, Smartphones bad!

[Capt. Lincoln F. Stern]

Originally Posted by jframe2

You can be ordered to do most anything if a judge is convinced that doing so is pertinent to an investigation.

The real question is can one take the Contempt of Court ruling and more than likely do time in jail until they comply.

There was a ruling in the 11th district supreme court that said providing pass words or codes to unlock an encrypted hard drive or folder is against the 4th amendment..

You are not required to testify or give evidence against yourself..the courts see it as you keeping a safe with info in it.. you are not required to open it

Now if the law can crack it open then you are screwed.. but it was ruled that they cannot compel you to open an encrypted drive or folder.. I will try to find the articles and post

[daratu1]

Originally Posted by Spirit13

There was a ruling in the 11th district supreme court that said providing pass words or codes to unlock an encrypted hard drive or folder is against the 4th amendment..

You are not required to testify or give evidence against yourself..the courts see it as you keeping a safe with info in it.. you are not required to open it

Now if the law can crack it open then you are screwed.. but it was ruled that they cannot compel you to open an encrypted drive or folder.. I will try to find the articles and post

Much better said than my post. Again though, don't use a smartphone and delete your history (call log, text messages) often.

[ck1942]

Deleting your history affects only the device itself.

Your cell carrier still has all ALL! of its records, which includes calls and text data, including who texted who and the content of those texts.

Just sayin'

[Capt. Lincoln F. Stern]

Originally Posted by daratu1

Much better said than my post. Again though, don't use a smartphone and delete your history (call log, text messages) often.

Found the link

http://www.theregister.co.uk/2012/02...yption_ruling/

now this was in Alanta and the guy was a child molester, so if they could not compel him to unlock his drive/files etc.. do you think they would have any luck compelling someone who is in the hobby? Lets see.. child molester vs consenting adults... hmmm which one wins here?

Also, USB drives (be them memory based or spinning HD's) are covered.. and shucky darn my SMART phone has that classification.. not to mention it has a lock code, (5 tries and it wipes the phone and card)

[daratu1]

Originally Posted by ck1942

Deleting your history affects only the device itself.

Your cell carrier still has all ALL! of its records, which includes calls and text data, including who texted who and the content of those texts.

Just sayin'

Oh yeah, I know that they do. :-)

[offshorehost]

That's why you should hit Walgreen's for a quick $50 investment in a t-mobile prepaid hobby phone. Use it for one purpose and one purpose only. Your smart phone is your daily phone. Don't even take it in to the incall with you. Leave it in the car turned fully off. I only use the hobby phone for the hobby life. Safety first.

[Capt. Lincoln F. Stern]

Originally Posted by ck1942

Deleting your history affects only the device itself.

Your cell carrier still has all ALL! of its records, which includes calls and text data, including who texted who and the content of those texts.

Just sayin'

That they do, but a court order is needed to restore it. I won't say they will seek out a court order but that is a bit much for them to do for a basic arrest... Oh and prepaid smart phones from Wally World.. they TOO have a call history that the cell carrier keeps.. they are REQUIRED to keep the history of calls in an out, maybe even texts.. but a prepaid does not have your personal info linked to it.

thing is a smart phone can be locked done more and it can be set up to wipe data if incorrect pass codes are entered.. so they would have to take EXTRA steps to to restore the data.

anytime you can slow them down in gaining access means a greater chance they will screw it up.

being a tad paranoid helps too

[daratu1]

Originally Posted by Spirit13

That they do, but a court order is needed to restore it. I won't say they will seek out a court order but that is a bit much for them to do for a basic arrest... Oh and prepaid smart phones from Wally World.. they TOO have a call history that the cell carrier keeps.. they are REQUIRED to keep the history of calls in an out, maybe even texts.. but a prepaid does not have your personal info linked to it.

thing is a smart phone can be locked done more and it can be set up to wipe data if incorrect pass codes are entered.. so they would have to take EXTRA steps to to restore the data.

anytime you can slow them down in gaining access means a greater chance they will screw it up.

being a tad paranoid helps too

Or you know... a lot paranoid. Lol.

[Capt. Lincoln F. Stern]

Originally Posted by daratu1

Or you know... a lot paranoid. Lol.

Hey I have seen the dark side..... they have cookies

seriously the last thing anyone wants is a paper trail

[Missy Mariposa]

Originally Posted by offshorehost

Your smart phone is your daily phone. Don't even take it in to the incall with you. Leave it in the car turned fully off. I only use the hobby phone for the hobby life. Safety first.

I kind of have to disagree on this for providers only. That GPS locator on your phone can be really handy if something...happens to you . I leave it in my car (on) in case I don't come home that night.

[Capt. Lincoln F. Stern]

Originally Posted by Missy Mariposa

I kind of have to disagree on this for providers only. That GPS locator on your phone can be really handy if something...happens to you . I leave it in my car (on) in case I don't come home that night.

I agree here... unless your hobby phone and your personal phone are linked some how.. under the same name etc... having it in your car and on is no big deal. Unless you wife is searching for you, in which case you have bigger problems heading your way...