When is it illegal to encrypt a device such as a PC or cellphone after you have been contacted?
If under an investigation in the US can you encrypt to fend off a warrant? Would that be obstruction of justice?
If so what is the best way to encrypt the entire device?
Any other general advice for this type of subject.
>>53690351
Not a lawyer, but this sounds illegal. If you're being investigated for a crime they can compel you to give up the encryption key or face a penalty (probably jail)
>>53690456
This is correct. If you only start encrypting *after* an investigation begins, the prosecution might be able to spin this into obstruction of justice.
If you dun fucked up, it's too late. If you're trying to keep your future self safe, read the wiki guide on encryption and privacy.
>>53690351
It's not illegal. They approached you and didn't take your computers? Encrypt it. Now. Right fucking now. Claim you lost the key. Plead the fifth. Keep your ass covered. Use at least a 20 character long pass phrase, encrypt your phone as well
>>53690351
And while you're at it, the NSA uses dm-crypt/LUKS for a reason. Linux kicks ass when it comes to encryption. Use it. Destroy any drive that you can't safely encrypt. Cover your ass.
How much CP did you download, OP?
>>53690351
it's too late, anon
>>53690351
4th amendment
right to privacy
5th amendment
right against self incrimination
bill of rights
supreme law of the land that shall not be infringed.
lower courts can't pass laws that remove your rights.
>>53690574
I asked for a layer before I would agree to anything and they said they would get a warrant. Personally, I think they are bluffing. They don't have any thing on me.
BURN IT DOWN
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Use a magnet
>>53690692
encrypt everything right now with veracrypt you idiot, if they ask for passwords sa you forgot.
>>53690796
>veracrypt
does it do FDE?
>>53690842
flat dark earth? fuck yeah it does, it does FDE all day long and navy blue and all that digicam shit
>>53690796
Would that be illegal?
>>53690753
And I know that is illegal
>>53690886
nothing about encryption is illegal idiot.
>>53690604
s/CP/intellectual property/
We're talking americans here. Their government officials hoard CP. The real cardinal sin over there is obstruction of maximum megacorp profits.
flee the country now move to russia become fsb agent, sell trade secrets become warrior for slav republic of free folk
>>53690897
https://articles.forensicfocus.com/2012/03/23/dealing-with-data-encryption-in-criminal-cases/
>Likewise, a civil litigant, who encrypts evidence after the duty to preserve has attached (articulated best in Zubulake v. UBS Warburg, 220 F.R.D. 212, 218 (S.D.N.Y. 2003)
>>53690991
cant prove it
>>53690351
>>53690351
>If under an investigation in the US can you encrypt to fend off a warrant? Would that be obstruction of justice?
They would have already gotten a warrant and taken your shit.
They will also not tell you ahead of time they're going to take your shit. When they take your shit, it will be without notice and you will be screwed if you don't have your shit encrypted
You do not have to give up a passphrase that is the contents of your mind (5th amendment right not to self-incriminate). If the key is written down or stored anywhere, you must give it up, as it is not the contents of your mind. this is why fingerprint readers for keys are bad. The only time you'll have to give up a remembered key is when it's a "foregone conclusion" and that law-enforcement has /already seen/ the illegal shit.
If you still have your shit, and you get wind that you will be arrested, destroy the drive by opening it and destroying the platters with sandpaper
>destroying data after it has been subpoenaed in a tort
This is bad and you will lose the lawsuit. Don't be Jeff V. Merkey.
dban any evidence, encrypt drive, take drive dump into a river, replace drive with fresh ssd. upload any important files to mega, and ecrypt them.
>>53690991
they don't have a warrant or a case yet. If you encrypt after a warrant is obtained or you are charged, then this would apply. OP is perfectly fine encrypting his device right now.
>>53690842
yes
>>53691016
then should I encrypt? or not? I dont want a DOE charge and I want to be in good standing with the law.
>being a fucking peado
You deserve prison OP make sure you make big bruce nice and comfy and pffer him your little white boy asshole
>>53691193
420 related
>>53691222
Inless its something like sales records its not illigal to have images of pot and the like
An ax should do the trick. Keep on HD in your rig, overwrite it with 0s or dban it. Then encrypt it. Do everything through tails from now on.
>>53691166
>then should I encrypt? or not?
If criminal, and you still have your shit, and they have not seen your shit already, encrypt.
Otherwise it is likely they already have your shit. I do not know. You present an unlikely scenario: that they have a warrant for your shit and have not taken it already. If they have a warrant, 1: how the fuck do you know? It's not like they broadcast these things, and 2: If they have gone through the trouble of getting a warrant, and you still have your shit, why did they fuck up like that? They should have already taken it, not left it in your control - because depending on the data, obstruction of justice might be a preferable charge to be guilty of instead of the original charge for which you just obliterated the evidence. We do not know what that is.
If you are being sued and have a subpoena telling you to preserve data, if you want to successfully defend against the lawsuit, you preserve the data and hope for the best. Otherwise, if you destroy it, you automatically lose, plus whatever financial penalties the judge decides to heap on you for being an asshole.
This post does not contain actual legal advice. For that you must pay a lawer real money.
>>53691352
thanks anon that was really helpful. Thank you so much.
Please feel free to give any other non actual advice.
>>53690928
did you just try and fucking sed a response?
>>53691352
So if they don't have enough evidence for a warrant or they didn't submit/get one approved yet then I am good to go for the FDE?
