4th Amendment Eroding Further - Device Empties Cell Data In Minutes.

Home Archive Politics 4th Amendment Eroding Further - Device Empties Cell Data In Minutes.
tk421's avatar

tk421

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8,500 posts
Apr 21, 2011 3:06 AM
For those of you who for some reason still believe anyone in America has any kind of protection under the 4th Amendment, it just took another hit. A new device already present in law enforcement circles in America that can literally wipe deleted data from your phone in minutes. Being used already in this country, anyone care to have their texts, phone lists, etc. etc. confiscated during a routine traffic stop?

http://www.itworld.com/legal/157655/michigan-state-police-use-device-search-driver-cell-phones-during-traffic-stops

Michigan State police are in possession of the device and are refusing to divulge what they are using it for. Nice, isn't it?
That apparently includes the U.S. The American Civil Liberties Union in Michigan says it has learned that state police there have purchased some of the gadgets. What is it doing with them? So far, Michigan authorities aren't telling. A public records request for information by the ACLU was met with a prohibitive $500,000 bill to cover the supposed cost of making the documents available.


"They did produce documents which confirmed that they have them," said Mark Fancher, a staff attorney at the ACLU office. "We have no idea what they are doing with them."
Take a look at what this baby can do.
Its maker, Israel-based Cellbrite, says it can copy all the content in a cell phone -- including contacts, text messages, call history, and pictures -- within a few minutes. Even deleted texts and other data can be restored by UFED 2.0, the latest version of the product, it says.

And it really is a universal tool. The firm says UFED works with 3,000 cell phone models, representing 95 percent of the handset market. Coming soon, the firm says on its website: "Additional major breakthroughs, including comprehensive iPhone physical solution; Android physical support – allowing bypassing of user lock code, (Windows Phone) support, and much more." For good measure, UFEC can extract information from GPS units in most cars.
http://redtape.msnbc.msn.com/_news/2011/04/20/6503253-gadget-gives-cops-quick-access-to-cell-phone-data

And please spare me the stupid If you don't have anything to hide, why are you worrying about it? Just because I want privacy, doesn't mean I'm breaking the fucking law.
Apr 21, 2011 3:06am
LJ's avatar

LJ

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16,351 posts
Apr 21, 2011 11:20 AM
I don't see how they could get away with using them without a search warrant.
Apr 21, 2011 11:20am
C

Con_Alma

Senior Member

12,198 posts
Apr 21, 2011 11:22 AM
I'm with LJ. They can't get any information if your don't provide it to them. You aren't required to do so unless a Judge says so. Tell the officer no thank you.
Apr 21, 2011 11:22am
G

georgemc80

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983 posts
Apr 21, 2011 11:35 AM
If used to nab potential bad guys, I am all for it. If kept from the use of potential bad guys, then I am all for it. Privacy is overrated. If people want access to my boring life, then so be it. Just don't steal my identity and ruin my financial life.
Apr 21, 2011 11:35am
C

Con_Alma

Senior Member

12,198 posts
Apr 21, 2011 11:38 AM
georgemc80;746995 wrote:... If people want access to my boring life, then so be it. ...
There's a difference between you permitting people to have access and you giving it to them.
Apr 21, 2011 11:38am
Glory Days's avatar

Glory Days

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7,809 posts
Apr 21, 2011 11:53 AM
Ummm, they have had these for 3 years and where has it been shown this device has EVER been used on a traffic stop? This article is a joke. I am willing to bet this tool is used on legally seized cell phones in order to cut out huge amounts of time it would take to recover the data from the phone. and maybe the MSP didnt want this tool being known publicly so criminals could try and find ways to defeat it. way to go ACLU.
Apr 21, 2011 11:53am
Q

queencitybuckeye

Senior Member

7,117 posts
Apr 21, 2011 12:03 PM
georgemc80;746995 wrote: Privacy is overrated.

You're free to give up any of your rights. I'll make every effort to keep mine, thanks.
Apr 21, 2011 12:03pm
Writerbuckeye's avatar

Writerbuckeye

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4,745 posts
Apr 21, 2011 12:07 PM
I can see some jealous spouses making use of this technology, if they think their other half is cheating.
Apr 21, 2011 12:07pm
O-Trap's avatar

O-Trap

Chief Shenanigans Officer

14,994 posts
Apr 21, 2011 3:57 PM
georgemc80;746995 wrote:If used to nab potential bad guys, I am all for it. If kept from the use of potential bad guys, then I am all for it. Privacy is overrated. If people want access to my boring life, then so be it. Just don't steal my identity and ruin my financial life.
queencitybuckeye;747019 wrote:You're free to give up any of your rights. I'll make every effort to keep mine, thanks.
I'm with QCB. You're welcome to forfeit your rights, george, but constitutionally, you shouldn't be forced to let someone take them from you.
Writerbuckeye;747023 wrote:I can see some jealous spouses making use of this technology, if they think their other half is cheating.
It's already being sold under the table to anyone who knows where to look. Cellbrite may have the corner on this legally, but there are other entities that have (and use) the same technology.
Apr 21, 2011 3:57pm
I

I Wear Pants

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16,223 posts
Apr 21, 2011 4:44 PM
This is retarded. And anyone who doesn't think so probably has a hard on for law enforcement or authority in general.
Apr 21, 2011 4:44pm
tk421's avatar

tk421

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8,500 posts
Apr 21, 2011 6:20 PM
Um, are we forgetting the case in California where the SC said that law enforcement can legally search a phone? So, let's say you get arrested for something relatively minor, they don't need a warrant to search your phone. Hope you don't have anything incriminating or sensitive on it.

http://legalmatch.typepad.com/criminallaw/2011/01/california-supreme-court-police-can-search-cell-phone-without-a-warrant.html
Apr 21, 2011 6:20pm
Glory Days's avatar

Glory Days

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Apr 21, 2011 8:36 PM
I Wear Pants;747196 wrote:This is retarded. And anyone who doesn't think so probably has a hard on for law enforcement or authority in general.

no, this article is retarded. nothing but speculating and fear mongering. refer to my last post, no where does it say this tool has actually been used on a traffic stop.
Apr 21, 2011 8:36pm
LJ's avatar

LJ

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16,351 posts
Apr 21, 2011 8:53 PM
tk421;747226 wrote:Um, are we forgetting the case in California where the SC said that law enforcement can legally search a phone? So, let's say you get arrested for something relatively minor, they don't need a warrant to search your phone. Hope you don't have anything incriminating or sensitive on it.

http://legalmatch.typepad.com/criminallaw/2011/01/california-supreme-court-police-can-search-cell-phone-without-a-warrant.html

While I don't agree with the Califronia SC, since when are you automatically arrested when you are pulled over?
Apr 21, 2011 8:53pm
F

fan_from_texas

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2,693 posts
Apr 21, 2011 10:04 PM
Glory Days;747301 wrote:no, this article is retarded. nothing but speculating and fear mongering. refer to my last post, no where does it say this tool has actually been used on a traffic stop.

+1. I see some very real 4th A. problems with this ever being used for a routine traffic stop. I don't think most people have anything to worry about.
Apr 21, 2011 10:04pm
tk421's avatar

tk421

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8,500 posts
Apr 21, 2011 10:08 PM
fan_from_texas;747364 wrote:+1. I see some very real 4th A. problems with this ever being used for a routine traffic stop. I don't think most people have anything to worry about.

I would have said the same thing about being stopped and asked for your papers 80 miles from the border. Being irradiated and having government agents run their hands underneath your clothing just to exercise our right to travel. I have no faith in the government, any government. Any and all tools will be used against us.
Apr 21, 2011 10:08pm
I

I Wear Pants

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16,223 posts
Apr 21, 2011 10:17 PM
Glory Days;747301 wrote:no, this article is retarded. nothing but speculating and fear mongering. refer to my last post, no where does it say this tool has actually been used on a traffic stop.
The slippery slope argument in regards to law enforcement and things deemed "anti-terrorism" is no longer a crap argument for those who are reaching for something to shout about but the reality of things. If the police or TSA or DHS or whomever wants to do something they will and can because our courts and people as a whole have decided that they'd rather live in fear and give up their privacy and rights than say "wait, why do you need to do this and will it effectively do what you say it will?"

Cell phone searches, bugging your car on your own property without a warrant, gate-rape, etc, etc. What information is mine anymore?

At this point I'm just trying to figure out where the telescreen will look nicest and clear a room for our daily calisthenics. Girls might want to stock up on their red sashes too.
Apr 21, 2011 10:17pm
O-Trap's avatar

O-Trap

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Apr 21, 2011 10:44 PM
Glory Days;747301 wrote:no, this article is retarded. nothing but speculating and fear mongering. refer to my last post, no where does it say this tool has actually been used on a traffic stop.

The fact that it CAN be used ... and is ALLOWED to be used ... is forcing me to give up any right to privacy when it comes to my interaction with others.

When my privacy relies solely on someone else's actions ... when that someone has the power to permit me to keep that privacy or refuse me that privacy ... then there is a problem.

Whether or not this has or will be abused isn't the point. The fact that it can be abused is problem enough.
Apr 21, 2011 10:44pm
S

stlouiedipalma

Senior Member

1,797 posts
Apr 22, 2011 12:43 PM
OH MY GOD!! THE SECRET POLICE ARE COMING TO GET US!! LOOK UNDER YOUR BEDS AND IN YOUR CLOSETS!! THEY'RE HEEERE!!
Apr 22, 2011 12:43pm
believer's avatar

believer

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8,153 posts
Apr 22, 2011 6:36 PM
stlouiedipalma;747701 wrote:OH MY GOD!! THE SECRET POLICE ARE COMING TO GET US!! LOOK UNDER YOUR BEDS AND IN YOUR CLOSETS!! THEY'RE HEEERE!!
Apr 22, 2011 6:36pm
Glory Days's avatar

Glory Days

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7,809 posts
Apr 22, 2011 8:57 PM
O-Trap;747392 wrote:The fact that it CAN be used ... and is ALLOWED to be used ... is forcing me to give up any right to privacy when it comes to my interaction with others.

When my privacy relies solely on someone else's actions ... when that someone has the power to permit me to keep that privacy or refuse me that privacy ... then there is a problem.

Whether or not this has or will be abused isn't the point. The fact that it can be abused is problem enough.
where does it say anywhere that this CAN be or ALLOWED to be used on a traffic stop? the author of the article is the only one saying that and he is just saying that to get people like you all worked up.
Apr 22, 2011 8:57pm
CenterBHSFan's avatar

CenterBHSFan

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Apr 22, 2011 9:01 PM
Glory Days;748043 wrote:where does it say anywhere that this CAN be or ALLOWED to be used on a traffic stop? the author of the article is the only one saying that and he is just saying that to get people like you all worked up.
So, you don't think that those scenarios will EVER happen in the future?
Not a chance?
Apr 22, 2011 9:01pm
I

I Wear Pants

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Apr 22, 2011 9:07 PM
How can it cost $500,000 to make documents available?
Apr 22, 2011 9:07pm
G

georgemc80

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983 posts
Apr 22, 2011 10:01 PM
Rights???? I am not losing any rights. Do nothing wrong. Nothing wrong happens to you.
Apr 22, 2011 10:01pm
I

I Wear Pants

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Apr 22, 2011 10:03 PM
georgemc80;748078 wrote:Rights???? I am not losing any rights. Do nothing wrong. Nothing wrong happens to you.
This train of thinking is quite wrong. Let's say I have nothing to hide and this machine is used to search my shit at a traffic stop and nothing is found and I'm let go. My rights have still been infringed regardless of the fact that I have nothing to hide.
Apr 22, 2011 10:03pm
tk421's avatar

tk421

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8,500 posts
Apr 22, 2011 10:31 PM
georgemc80;748078 wrote:Rights???? I am not losing any rights. Do nothing wrong. Nothing wrong happens to you.

That attitude just pisses me the fuck off. It's people like you who are allowing the government to literally assault them and think nothing of it.
Apr 22, 2011 10:31pm