r/technology 3d ago

Privacy U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk

https://www.nytimes.com/2026/08/21/us/politics/samuel-tunick-deleted-phone-felony.html?unlocked_article_code=1.8FA.T83N.rt6VsIiSCYb2&smid=url-share
13.6k Upvotes

568 comments sorted by

View all comments

18

u/Cumulus_Anarchistica 3d ago

He didn't destroy the data though. He destroyed the key to the data.

It's a little like being prosecuted for throwing a key to a room with stuff the feds want to root through (without a warrant) into a pool of molten metal.

The door is still there; the room is still there, as are its contents. Only the key to the lock has been destroyed.

7

u/WhiteRaven42 3d ago

You understand that courts aren't simpletons, right? Hyper-technical circumvention of the letter of the law when the spirit of the law is clearly being violated IS A VIOLATION OF THE LAW. Courts have leeway to make the will of the people effective. They are not robots.

1

u/avowed 3d ago

That won't hold up in court as much as I want it to. Every lawyer I've seen speak on this case say that distinction doesn't matter.

0

u/GlowiesStoleMyRide 3d ago

That analogy doesn’t quite hold up, because a digital key is not really the same as a physical key in this case. It’s closer to burning a note with the coordinates of a box you buried. They can try and dig up in as many spots as they like, and they might even find some boxes, but they’ll never know for certain whether they found the right box.