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from the ...-you-have-the-right-not-to-disclose-your-password... dept.
In the half-century since the Miranda decision, a lot has changed. For one, many of us carry smartphones containing a rich trove of personal data in our pockets that might interest law enforcement. In fact, it wasn't until 2014 that police officers nationwide were specifically ordered not to search people's phones without a warrant during an arrest.
In 1966, no one envisioned a world where we carried powerful computers in our pockets, so it's time for an update to the Miranda warning. A modernized version would need to make clear not only that anyone can refuse to speak, but that speaking might involve inputting a passcode to open up a phone. After speaking with several legal experts, here's our "digital Miranda," based on our best understanding of current law.
(Score: 2) by AthanasiusKircher on Sunday January 01 2017, @03:49PM
You probably already know this and I assume you're just being funny -- but this is a very insightful statement about the legal absurdity of EULAs.
In the Miranda case [wikipedia.org], Miranda was originally convicted after signing a statement which EXPLICITLY stated: "I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me."
SCOTUS decided that such a written statement was insufficient to ascertain whether the suspect actually had "full knowledge of [his] legal rights," and hence the Miranda warning was born.
The idea that a confession could be thrown out on such grounds when it explicitly waved rights in a straightforward fashion, while companies claim they should be able to enforce EULAs where you might waive legal rights buried in 100 pages of legalese, just seems preposterous.
(Score: 2) by Justin Case on Sunday January 01 2017, @04:15PM
with no threats, coercion
Yeah, um, the cops have guns, and their well known function is to help deprive you of liberty and possibly life. How can anybody pretend that is not threatening or coercion?