California to allow warrant-less search of mobile phones

[Lafayette79]

Originally Posted by AGDee

Ours are whole drive encrypted to begin with which makes recovery pretty difficult in the first place but the product we use meets DoD standards.

Thanks,
I wonder what the situation is with the off the shelf phones that we buy. I've read on another board that there are Apps for phones that do as you said yours does, but without the encryption, which is why I asked you in the first place. I don't see some random Java App being as sophisticated as yours, and so, the phone is vulnerable.

[AGDee]

Originally Posted by Lafayette79

Thanks,
I wonder what the situation is with the off the shelf phones that we buy. I've read on another board that there are Apps for phones that do as you said yours does, but without the encryption, which is why I asked you in the first place. I don't see some random Java App being as sophisticated as yours, and so, the phone is vulnerable.

There are a few easier solutions. First, don't put private information on a cell phone. The wipe would do things like prevent someone from automatically receiving your emails because those mail settings would be wiped out. Most often, you're protecting your phone from someone who would steal your phone. The person who steals your phone, most often, just wants the phone, either to use or to sell. Most often, someone who steals your phone doesn't have the forensic skill to get the data off of the hard drive of the phone.

In the case of your phone being searched if you are arrested, don't keep evidence of illegal activity on your phone. Don't use a cell phone to discuss illegal activity. I'll even go one better... don't engage in illegal activity Kwame Kilpatrick will tell you the danger of discussing illegal activity via text messages.

One of the things we talk about in the InfoSec world is that laws don't change as fast as technology does but general laws apply generally to new technologies. In that regard, my question would be.. if I am arrested, is my purse searchable? If it is legal to search my address book, paper calendar, etc. that would be in my purse, then why wouldn't it be legal to also search my phone? Likewise, if it is legal to search my car, then anything in my car is fair game, right? Why would a cell phone be exempt?

[KSig RC]

Originally Posted by AGDee

Likewise, if it is legal to search my car, then anything in my car is fair game, right? Why would a cell phone be exempt?

Because, if you're arrested in your car, that alone is not enough for police to search your office or a file cabinet.

It's somewhat unclear whether old standards regarding probable cause do, and separately should, apply to new technology. That's what this ruling clarifies.

[AGDee]

Originally Posted by KSig RC

Because, if you're arrested in your car, that alone is not enough for police to search your office or a file cabinet.

It's somewhat unclear whether old standards regarding probable cause do, and separately should, apply to new technology. That's what this ruling clarifies.

But if you had your briefcase in your car, would that be fair game?

[KSig RC]

Originally Posted by AGDee

But if you had your briefcase in your car, would that be fair game?

My point was that the information on your cell phone doesn't "exist" in ways contemplated specifically by the Constitution.