is-x-legal any-jurisdiction borders
Can it be illegal to have/use a &quot;wipe data&quot; login on your device?
<p>Suppose I have a computer and I set up two logins that are identical other than one <a href="https://wiki.archlinux.org/title/Solid_state_drive/Memory_cell_clearing" rel="nofollow noreferrer">sanitises my data SSD</a> upon logging on.  This would cause any information I have on said drive to be inaccessible to anyone.  Have I committed any crime?  Assume the data itself is legal, and is not evidence of a crime I have commited.  An important use case of such a tool would be reporters who may have evidence of crimes they are investigating.  If that changes the situation that should be mentioned in the answer.</p>
<p>Suppose someone verbally requests the login credentials of the computer, and I provide the sanitising one which they proceed to use.  Have I committed any crime?</p>
<p>Any jurisdiction would be relevant, as would any values for the &quot;someone&quot; above (such as employer, police officer, border agent).  Cases where such a question would be particularly relevant seem to occur at borders in particular, with examples in the <a href="https://arstechnica.com/tech-policy/2017/02/what-could-happen-if-you-refuse-to-unlock-your-phone-at-the-us-border/" rel="nofollow noreferrer">USA</a>, <a href="https://www.cnet.com/culture/man-charged-for-refusing-to-give-up-phone-passcode-to-canadian-border-agents/" rel="nofollow noreferrer">Canada</a> and most recently in the <a href="https://www.theguardian.com/uk-news/2023/apr/18/french-publisher-arrested-london-counter-terrorism-police-ernest-moret" rel="nofollow noreferrer">UK</a>.  So I can be specific about what I have done I have used the example of a general purpose computer, but I assume the same thing would apply to <a href="https://www.ghacks.net/2015/03/16/privacy-look-adds-disk-wiping-unlock-code-to-your-android-device/" rel="nofollow noreferrer">commercially available tools</a>.</p>

<p><a href="/questions/tagged/canada" class="post-tag" title="show questions tagged &#39;canada&#39;" aria-label="show questions tagged &#39;canada&#39;" rel="tag" aria-labelledby="tag-canada-tooltip-container">canada</a></p>
<p>If this is done with the specific intention of obstructing justice (see <em>R. c. Charbonneau</em>, <a href="https://canlii.ca/t/1pd96" rel="nofollow noreferrer">1992 CanLII 2979</a> (QCCA)), then this is an offence contrary to <a href="https://laws-lois.justice.gc.ca/eng/acts/c-46/section-139.html" rel="nofollow noreferrer">s. 139(2) of the <em>Criminal Code</em></a>. The offence is not dependent on the deleted evidence being evidence that would have been used against the deleter.</p>
<blockquote>
<p>Every person who intentionally attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of [an offence].</p>
</blockquote>
<p>A couple of examples:</p>
<ul>
<li>In <em>R. c. Renaud</em>, <a href="https://canlii.ca/t/j7vs0" rel="nofollow noreferrer">2019 CM 4021</a>, the accused had asked someone to delete photographs and texts off of their smart phone. He was found not guilty on this charge because the <em>mens rea</em> was not proved.</li>
<li>In <em>R. v. Subia</em>, <a href="https://canlii.ca/t/jn6sb" rel="nofollow noreferrer">2022 ONSC 1693</a>, the accused admitted that he used specialized software in an attempt to delete traces of evidence (images) from his phone. He was found guilty of attempted obstruction of justice.</li>
</ul>

<h2>Using it may be a crime</h2>
<p><strong>Having it is fine</strong></p>
<p><a href="/questions/tagged/australia" class="post-tag" title="show questions tagged &#39;australia&#39;" aria-label="show questions tagged &#39;australia&#39;" rel="tag" aria-labelledby="tag-australia-tooltip-container">australia</a></p>
<p>There is a similar crime in all jurisdictions which in <a href="/questions/tagged/new-south-wales" class="post-tag" title="show questions tagged &#39;new-south-wales&#39;" aria-label="show questions tagged &#39;new-south-wales&#39;" rel="tag" aria-labelledby="tag-new-south-wales-tooltip-container">new-south-wales</a> is called <a href="https://www.sydneycriminallawyers.com.au/criminal/legislation/crimes-act/tampering-with-evidence/" rel="nofollow noreferrer">Tampering etc with evidence</a> under <a href="http://www5.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s317.html" rel="nofollow noreferrer">s317</a> of the Crimes Act 1900.</p>
<blockquote>
<p>To establish the offence, the prosecution must prove beyond reasonable doubt that:</p>
<ol>
<li><p>You suppressed, concealed, destroyed, altered or falsified information knowing it is or may be required as evidence in a judicial proceeding, or you fabricated false evidence (other than by perjury), or you knowingly made use of false evidence, and</p>
</li>
<li><p>You intended by doing so to mislead any judicial tribunal in judicial proceedings.</p>
</li>
</ol>
<p>A ‘judicial proceeding’ is any proceeding in or before a judicial tribunal in which evidence may be taken on oath.</p>
</blockquote>
<p>Evidence of a crime (even if not your crime) “is or may be required as evidence in a judicial proceeding” even if no such proceeding has commenced. If you know its there and your intention is to destroy this evidence to prevent it being used in the (hypothetical) judicial proceeding, then you have committed the crime.</p>

<p>Yes using it can be illegal depending on the circumstances.</p>
<p>In numerous (if not all) jurisdictions there are offences like the following:</p>
<ul>
<li>tampering with, destroying, mutilating, altering or concealing evidence; and/or</li>
<li><a href="https://en.wikipedia.org/wiki/Obstruction_of_justice" rel="nofollow noreferrer">obstructing justice</a>, <a href="https://en.wikipedia.org/wiki/Perverting_the_course_of_justice" rel="nofollow noreferrer">perverting the course of justice</a> or defeating the ends of justice (more broad); and/or</li>
<li>contempt of court (even more broad).</li>
</ul>
<p>Some jurisdictions compel the preservation or disclosure of records (e.g. for tax assessments or freedom of information law).</p>
<p>Some jurisdictions compel cooperation with agents of the state (e.g. when being questioned at a border).</p>
<p><a href="/questions/tagged/england-and-wales" class="post-tag" title="show questions tagged &#39;england-and-wales&#39;" aria-label="show questions tagged &#39;england-and-wales&#39;" rel="tag" aria-labelledby="tag-england-and-wales-tooltip-container">england-and-wales</a></p>
<blockquote>
<p>[At common law] the offence of <a href="https://www.cps.gov.uk/legal-guidance/public-justice-offences-incorporating-charging-standard#_Toc536105663" rel="nofollow noreferrer">Perverting the Course of Justice</a> is committed when an accused:</p>
<ul>
<li>does an act or series of acts;</li>
<li>which has or have a tendency to pervert; and</li>
<li>which is or are intended to pervert;</li>
<li>the course of public justice.</li>
</ul>
</blockquote>
<p><a href="https://www.bailii.org/ew/cases/EWCA/Crim/2011/729.html" rel="nofollow noreferrer">T v. R [2011] EWCA Crim 729</a>:</p>
<blockquote>
<p>In a criminal case, the course of justice includes the police investigation of a possible crime. An act that makes that investigation more difficult, or which may mislead the police in their investigation, may tend to pervert the course of justice.</p>
</blockquote>
<p>The circumstances might be such that there is a more appropriate or specific offence (that would be preferred to a broader offence). For example, in England and Wales there is the <a href="https://www.legislation.gov.uk/ukpga/2000/36/section/77" rel="nofollow noreferrer">offence of altering etc. records with intent to prevent disclosure, s77 Freedom of Information Act 2000</a>.</p>
<p>In some circumstances using it is not illegal, e.g. if someone steals your device and demands you tell them your username and password.</p>
