John A. Steakely

Attorney John Steakley is a 1996 graduate of the University of Tennessee College of Law. He began his career as the Special Prosecutor for Drug Crimes for a multi-county, multi-agency drug task force in Tennessee, where he represented the State of Tennessee in thousands of felony and misdemeanor cases in a 5-county judicial district.

This Is Why Cell Phone Encryption Matters

This Is Why Cell Phone Encryption Matters

CHP officers play a "game" where they pass around explicit photos from telephones they have seized.

Officer Shawn Harrington called it a "game." Harrington says other officers at the Dublin precinct routinely distributed pictures from phones of female arrestees. Images were forwarded to other officers and "non-CHP individuals." Court documents also describe a second incident in which Harrington forwarded images from a DUI arrestee's phone while she was being x-rayed. 

Encryption by default keeps criminals out of people's phones, even the criminals that hide behind uniforms and the color of law. The same goes for the warrant requirement recently ordered by the US Supreme Court. In a typical DUI arrest, there's really no reason for a cop to be going through the suspect's phone. Evidence of drunk driving is usually contained within the arrestees themselves, not their phones. At best, any time a cop does this, it's a fishing expedition for bigger charges. At worst, it's Harrington and his complicit bro cops, passing around nudie pics just because they can. Access and ability are the worst enablers. 

When cops complain about falling behind in the tech race while arguing against warrant requirements and encryption, one wonders whether this isn't part of the "problem." It's not so much that the criminals have gotten smarter than the cops. It's that the phones have. The incidents leading to Officer Harrington's arrest both created digital paper trails leading back to the California Highway Patrol. The minimal effort made to cover his tracks wasn't enough. Maybe this is why some cops fear the relentless forward march of technology: covering up misconduct has never been harder. 

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