A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.
The thing is, data isn’t just property. It is also speech. The right to remain silent is so fundamental to the legal system that a whole case can be thrown out if you are not reminded of this right while being arrested.
You have a right to remain silent but you don’t have a right to lie. This is super important legally. If you’re asked “what is your device pin” and you say nothing you’re OK, but if you say “my pin is 12345” and that’s actually your duress PIN then you can be in trouble for that.
I was speaking more broadly about the constitutionality of being charged under a destruction of property statute. In a sense, deleting your data is choosing to remain silent.
The thing is, data isn’t just property. It is also speech. The right to remain silent is so fundamental to the legal system that a whole case can be thrown out if you are not reminded of this right while being arrested.
You have a right to remain silent but you don’t have a right to lie. This is super important legally. If you’re asked “what is your device pin” and you say nothing you’re OK, but if you say “my pin is 12345” and that’s actually your duress PIN then you can be in trouble for that.
I was speaking more broadly about the constitutionality of being charged under a destruction of property statute. In a sense, deleting your data is choosing to remain silent.
Well, they didn’t ask for the non-duress pin…