I mean, we know they can be used as evidence against you, but what if I was actually just chilling and watching Youtube videos at home? Can my spying piece of shit phone ironically save me? 🤔

  • Cethin@lemmy.zip
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    10 hours ago

    Here’s what I think, though IANAL:

    Your phone being somewhere unusual is pretty good evidence you were there, especially if a crime happened there. What are the odds you gave your phone to someone to go commit a crime with it on them?

    However, if you’re planning on committing a crime, it wouldn’t be that difficult to have it play videos while you’re out doing said crime. It’s evidence that something happened, but it isn’t very strong evidence that you didn’t commit the crime.

    However, a criminal trial requires proof beyond a reasonable doubt. You don’t need to prove that you’re innocent. You just need to create enough doubt that you’re guilty. It’s the prosecution that has to prove that you’re guilty.

    • some_guy@lemmy.sdf.org
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      10 hours ago

      I’ll point out that just having videos play without interacting with the site would get undermined pretty easily. But if you were actively tapping around and deliberately interacting with the site, you’d have a stronger case that you were actually at home.

      • Cethin@lemmy.zip
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        8 hours ago

        Sure, but I don’t know how they’d get that data. Every tap likely isn’t stored. Still, I could write a script to fake it, and build a device to to it. It’s evidence, but it isn’t particularly strong.