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Here’s What a “Digital Miranda Warning” Might Look Like

Accepted submission by Phoenix666 at 2016-12-29 20:10:45
Digital Liberty

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 [arstechnica.com]. 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.


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