i-hear-banjos
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i-hear-banjos237 karma
Some folks can't stop. Usually the kind of folks who change the world.
i-hear-banjos49 karma
As a police detective that works ICAC cases as a TFO for HSI, I have a difficult time believing any of these actions were "real", simply because a criminal offense is necessary to legally obtain most of the data or use the techniques highlighted in the show. But I appreciate the expertise and insight the show's participants display, even if it's a "notional environment".
i-hear-banjos22 karma
Long time law enforcement officer here, and for the last decade I've dealt specifically with digital forensics. I'd like to offer my take as a person who is highly conscious of people's rights.
Traditionally, when we get a search warrant, it involves a physical space - a house, a car, a safe, etc. Those things are protected by physical barriers, usually with a lock and key. In the absence of the key, other means can be used to enter the item containing possible evidence; the courts have allowed that kicking in a door or cutting open a safe with a torch is permissible.
These are physical acts. These locks use physical keys, an physical means can be used to bypass them. A fingerprint is a physical key of sorts, as is a face (for facial recognition.) These things are not protected thoughts that can be incriminating in and of themselves (other than fingerprints for comparison to prints lifted from a crime scene, which has stood up for a century.) I believe they are comparable to swabbing for DNA matching or blood draw to determine pod alcohol content in a DUI.
A password is unique in that it is a key of sorts, but one that can only exist in one's mind until it's written down or told to anyone else. I think the password itself can be incriminating, like others here have mentioned. Another example - a search warrant for child pornography where several people live results in a laptop that no one will claim. It's encrypted and requires a password. Being forced to reveal the password is akin to self incrimination, and therefore should be covered by Constitutional protections.
i-hear-banjos729 karma
Cop here: hearty amen to that. Prison should be about helping prisoners become better people, so they can go on to lead more productive lives. Simple imprisonment as a punishment doesn't usually change much.
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