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Cake day: July 29th, 2023

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  • Because I would alter the structure of your atoms, and that would not be criminal, because why would it be.

    On it’s bacsic premise, no, you’re allowed to move my arms or person (to the extent that it is not assault, kidnapping, etc) but say, altering the state of my atoms in a way that ends my life or does me physical harm is criminal.

    So your point is not explicitly correct there, more detail is needed. You’ve also (either knowingly or unknowingly) built and argued against a strawman. My claim is that altering the position of a switch is not destruction of property, and that as the law as written explicitly criminalizes the destruction of property in response to a lawful search. Altering the position of a switch could be considered destruction of evidence, and by extension so would wiping the phone. I don’t know if there is a law that explicitly bans the destruction of evidence during a lawful border search though. So it could still be criminal, but there is significant reasonable doubt that any property was actually destroyed.



  • You absolutely can though. A 16x7 grid of light switches can store any 16 character password that uses the ASCII character set. Images would require many more switches (depending on the color quality and resolution) but it’s the same thing. Like I said, earlier, you are having an issue making a point to differentiate between the position of a binary switch and a single bit of data because there is no fucking difference in the first place.

    You make it sound ridiculous, but we’ve stored data as a magnetic polarity for decades at this point, we’ve stored data on rocks, laser etched as dots and dashes at a microscopic level on thin bits of foil. Whole programs have been written and stored on stacks of cards. Heck, the programs to get a spacecraft to the moon were written on paper and then literally knitted into the onboard computers. Regardless of the medium chosen, (almost) all computer memory and storage is simply the representation of an array of binary states, something that can be done, and has been done with a simple array of light switches.



  • that’s besides the point.

    It’s not besides the point. It exactly is the point. Functionally, computer storage is a stable binary state circuit, just like a light switch. When we wire billions of them together and automate the switching process, and throw in a few layers of abstraction, you get functional data. Changing the state of those switches does not destroy them, therefore changing the state of those switches is not destruction of property, unless by extension, flipping a light switch counts as destruction of property. It may be destruction of evidence, as the state of that memory or the position of the switch could be considered evidence, but it is a far cry from actual destruction of property.

    who the hack stores data on light switches, bit by bit?

    This is exactly how early computer programs were stored/written.

    you have already decided that destroying user data is a nothingburger.

    Correction: I am arguing that the alteration of computer storage is not destruction of property as written in the law that prevents you from destroying property to in response to or as the result of a lawful search.








  • Here is my problem with this interpretation…

    Is data property? Sure, ideas, concepts, photos, etc can be trademarked/copy-write protected and have some degree of ownership, but I’m talking at a much lower level here… Is the particular configuration of memory on your phone a piece of property? If no, then no property was destroyed by wiping the phone. All of the storage and memory is still intact and functional. If yes, then we must look further…is the position (not the switch itself) of a binary switch (like a light switch) a physical thing that you can own? Would you consider it destroyed if it was switched away from it’s original position?

    I don’t think you could charge him with destroying property… Destruction of evidence maybe, but the property is undamaged and functioning normally.

    Other arguments. The cop actually destroyed the data. Or, defendant claims he did not know the cops would use the pin to wipe the phone, and that they just wanted to know what the PIN was.

    I wouldn’t say there is enough evidence here to prove beyond a reasonable doubt that this guy destroyed any property in response to a search. He didn’t destroy anything, what was destroyed is arguably not property, and he may not be aware that his duress pin was going to be used on the device in the first place.



  • Ignore her like anyone else and let her decide on her own comfort zone walking by you? If some one sees you walking alone, and starts altering their behavior because of your presence, whatever their intention, it sends the message that you have been noticed, you are being watched, they are reacting to your presence, and this indicates some kind of interest or goal in an interaction.

    So just keep waking, if she wants to cross the street, just ignore her. Definitely don’t yell “It’s okay I’m not a rapist!” or “I have a girlfriend already!”, just let her do her thing, and you keep doing yours.