this post was submitted on 09 Nov 2024
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The police can engage in rubber-hose cryptanalysis. In many countries, it's legal to keep a suspect in prison indefinitely until they comply with a warrant requiring them to divulge encryption keys. And that's not to mention the countries where they'll do more than keep you in a decently-clean cell with three meals a day to, ahem, encourage you to divulge the password.
That's what you need distress codes for.
Destruction of evidence is a much different crime.
I would suspect it'd no longer be legal to hold them indefinitely and instead at best get the max prison sentence for that crime instead.
A us law website says that's no more than 20y as the absolute max, and getting max would probably be hard if they don't have anything else on you.
You'd have to weigh that against what's on the device.
Also, even better if the distress code nukes the bad content, and then has a real 2nd profile that looks real, which makes it even harder to prove you used a distress code.
In most cases, destroying evidence will result in an adverse inference being drawn against the accused. It means that the court will assume that the evidence was incriminating which is why you destroyed it.