
Police want to destroy iPad because they cannot delete illegal image - neverminder
https://www.reddit.com/r/LegalAdviceUK/comments/46fs6v/police_want_to_destroy_property_because_they/
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J-dawg
Before I clicked, I thought "I bet this is in the UK".

This is the country where you can be prosecuted for possessing porn featuring
a 'tiger' which is actually a man in a tiger suit. [0]

This is also the country where you can be prosecuted for possessing porn that
is _sent to you unsolicited_ via Whatsapp. [1]

This is _also_ the country where you can be convicted for tweeting a bad joke,
lose your job in the process, and have to go to one of the highest courts in
the land to get it overturned [2]

The 2008 'extreme porn' law is one of a host of extremely fucking terrifying
laws that allow the authorities to essentially destroy your life on a whim
(see also: Communications Act 2003, Racial and Religious Hatred Act 2006). It
doesn't matter if the evidence isn't credible, they can drag you through the
courts and ruin your reputation without ever getting a conviction.

Combine this with one of the most effective mass surveillance programs in the
world, you realise we have already built a ready-made turnkey authoritarian
dictatorship.

The really scary part is that nobody seems to give a shit.

[0] [https://www.vice.com/en_uk/read/andrew-holland-tiger-
porn-88...](https://www.vice.com/en_uk/read/andrew-holland-tiger-porn-883)

[1] [http://m.computing.co.uk/ctg/news/2358930/backbytes-
someone-...](http://m.computing.co.uk/ctg/news/2358930/backbytes-someone-sent-
you-some-unsolicited-smut-you-may-be-prosecuted-for-it)

[2]
[https://en.m.wikipedia.org/wiki/Twitter_Joke_Trial](https://en.m.wikipedia.org/wiki/Twitter_Joke_Trial)

~~~
ue_
Don't forget the fact that they can force you to hand over encryption keys[0]
and that posessing or creating drawings that appear to depict completely
fictitious childlike characters, even with fantastical features, is
illegal.[1]

[0]
[https://en.wikipedia.org/wiki/Key_disclosure_law#United_King...](https://en.wikipedia.org/wiki/Key_disclosure_law#United_Kingdom)
[1] [http://www.gazettelive.co.uk/news/teesside-news/anime-fan-
co...](http://www.gazettelive.co.uk/news/teesside-news/anime-fan-convicted-
over-illegal-7958896)

I'm disgusted.

~~~
J-dawg
It's an absolute joke, or at least it would be if it wasn't so frightening. I
hadn't heard about the Anime case before, how is that even possible in a
(supposedly) free, civilised country?

British people tend to take on a superior tone when American politics is
discussed. We love to mock the obsessions with guns and single-issue politics.
At least freedom of speech actually means something there, is protected by the
constitution and valued by normal people. We have absolutely no right to act
superior.

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achairapart
Better don't tell 'em about iCloud backups.

~~~
qb45
Are they client-side encrypted?

If this is the case, then simple "I have uploaded illegal files to one
unspecified account" should get the whole datacentre destroyed :)

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cmdrfred
What is an illegal image? Child pornography I'd have to assume without any
more information.

~~~
zardo
In the UK it could probably include a hate-speech or harassment image.

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elthran
How on earth can they not delete a picture from an iPad?

~~~
soylentcola
I assume they can wipe the whole thing quite easily if they don't care about
backing up or preserving anything. Sucks for the owner but sure beats charges
based on the "illegal image" or even losing the entire device.

That said, it's a reddit comment without much info. Even taking it at face
value my guess is that there's no official procedure or interest in bothering
by the police but they can easily scrap the thing without any fuss (or mark as
destroyed, wipe, and "repurpose" if you're feeling cynical.)

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grapetree67
I'm assuming it's child porn? If so the OP should be happy he's only losing an
ipad, possession of child porn is a strict liability crime and they could have
messed with him a lot more if they wanted to.

~~~
ue_
Knowing it's the UK, it might even be a picture of a drawing depicting a
childlike character engaged in a sexual act; it doesn't even have to be of a
real child - it could even be something plucked from the artist's imagination
(lolicon, shotacon, toddlercon etc.)

Creating or possessing such a picture is a separate offence, but (stupidly if
I may say so) still an offence.

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fleitz
As soon as you realize 'destroy' means 'give to an officer's kids' you'll
understand why they can't delete the image.

As always talk to a lawyer, HN is the wrong place to ask legal advice.

~~~
pc86
Did you go to the link? It's a Reddit post at /r/LegalAdviceUK.

