Comments on: Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H. https://blog.ericgoldman.org/archives/2017/04/court-strikes-probation-condition-against-using-a-device-containing-encryption-in-re-mike-h.htm Wed, 31 Oct 2018 20:56:00 +0000 hourly 1 By: Steph https://blog.ericgoldman.org/archives/2017/04/court-strikes-probation-condition-against-using-a-device-containing-encryption-in-re-mike-h.htm#comment-2183 Wed, 31 Oct 2018 20:56:00 +0000 http://blog.ericgoldman.org/?p=17081#comment-2183 These restrictions are mostly inane nonesense, purely arbitrary reaching by law enforcement and politicians.

But the crux of the issue is that we shouldn’t be charging people for most statutory offences anyway. Not because abuse should be permitted, but because “zero tolerance” style policies by definition ignore context and result in injustice. Here, Mike should never have been prosecuted as he didn’t do anything wrong by any reasonable standard.

]]> By: 23 March – 07 April 2017 | Privacy News Highlights https://blog.ericgoldman.org/archives/2017/04/court-strikes-probation-condition-against-using-a-device-containing-encryption-in-re-mike-h.htm#comment-1818 Tue, 11 Apr 2017 12:29:43 +0000 http://blog.ericgoldman.org/?p=17081#comment-1818 […] The US government has much broader authority over the speech of probationers than it does over ordinary citizens; but even probation conditions are subject to some scrutiny. Thursday’s California appellate decision in In re Mike H. concluded that a ban on the probationer’s use of anonymizing tools to access the Internet, and a requirement that he accurately identify himself when setting up any online communications services, was permissible: “The juvenile court could reasonably conclude that requiring Mike to use his true identity online and avoid encryption or hacking tools could help the probation department assess whether Mike was in violation [of] other uncontested conditions of his probation.” But the ban on using any electronic devices that contain “any encryption software” was too broad: “While it may not be apparent to the everyday user, encryption technology is now a fact of everyday life This means that encryption is applied automatically without a user needing to switch it on. As drafted, [this condition] is therefore unconstitutionally overbroad.” [Washington Post | Court Strikes Probation Condition Against Using a Device Containing Encryption–In re Mike H.] […]

]]> By: Boris Ezhov https://blog.ericgoldman.org/archives/2017/04/court-strikes-probation-condition-against-using-a-device-containing-encryption-in-re-mike-h.htm#comment-1815 Fri, 07 Apr 2017 20:35:00 +0000 http://blog.ericgoldman.org/?p=17081#comment-1815 Thank you Eric,
For interesting article but unfortunately I don’ t know as It can be useful for me in the immeditate future.

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