Re:Felony charges for citizen deleting phone data at US Border
by fedpost on Friday August 21, 2026 @06:14PM
(#49394367)
Kind of? Let's say he has a detached header on another device and deleted the one on his phone. It's not at all destroyed now. Is what he did still illegal?
This is important because this is a feature of some crypto systems like LUKS. You can have your header on another physically septate device. If this is ruled on in an insufficiently nuanced way it could have very significant implications for carrying encrypted data without the key.
Re:Felony charges for citizen deleting phone data at US Border
by tmp10423288442 on Friday August 21, 2026 @07:01PM
(#49394785)
I think I misunderstood your original scenario. This one makes a lot more sense. Although I wouldn't want to be in the position of being the test case.
Re:Felony charges for citizen deleting phone data at US Border
by lesuorac on Friday August 21, 2026 @10:06PM
(#49395898)
I dunno, now that you phrased it this way I feel like it does matter.
Image he took a blow-torch to a safe and the door welded shut. The contents are still there but the door is broken.
Re:Felony charges for citizen deleting phone data at US Border
by 15155 on Saturday August 22, 2026 @02:42PM
(#49402518)
> Image he took a blow-torch to a safe and the door welded shut
This analogue isn't perfect, but it isn't relevant anyway: the laws in question criminalize acts based on their intent.
The blowtorch wasn't intended to destroy the contents of the safe (a la deletion of a key), but even still: if the intent was to impede or delay the investigation by welding the safe shut, it would be equally criminal.
I don’t think a judge would care about splitting that hair.