That said, unless you are being charged under a national security crime, the maximum sentence for “failing to decrypt the device when required to do so” is up to two years, so the game’s the game.

[–] Capricorn_Geriatric@lemmy.world 8 points 2 weeks ago (2 children)

I wonder how they'd look at it if previous cracking attempts wiped the device. Is that "failure" to unlock punishable or not? The phone was wiped already - the user can't unlock it even if he wanted to.

Similarily, is it possible to make it impossible to prove the device was wiped due to the PIN and not beforehand?

[–] anzo@programming.dev 4 points 2 weeks ago (1 children)

I had the same question. The best would be to consult a lawyer and see if there's any precedent already set.

I could imagine police could easily film the process and a video would be enough proof for any judge. The phone shows a pin entry, a reboot, and then a welcome screen just like a factory reset has been done. Right?

[–] Capricorn_Geriatric@lemmy.world 4 points 1 week ago* (last edited 1 week ago)

I thought of it as two seperate problems:

The first one is legal - if the person asked to surrender credentials surrenders them, and the device turns out to be reset (assuming no foul play), does this constitute the crime of not surrendering the credentials?

If the answer to one is "yes", the technological question begs itself: How to make a duress pin indistinguishable from the real one?

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