We’re in an exciting time for users who want to take back control from major platforms like Twitter and Facebook. However, this new environment comes with challenges and risks for user privacy, so we need to get it right and make sure networks like the Fediverse and Bluesky are mindful of past...
That would be a valid argument if they timely returned whatever they don’t need, but they don’t, so it isn’t.
Maybe not, but if they’re not completely incompetent, they’ll have images of all of those devices within a day or two. They don’t have any legitimate need to keep the seized equipment after that.
The cruelty is the point.
We’re talking about law enforcement agencies, not an IT department. Of course it’s technically possible to image a machine quickly. However, there are all kinds of steps and rules for chain of custody, transporting evidence, cataloging it, storing, examining it, etc. and a finite number of personnel to perform the work. Revisiting the child pornography example I used, fingerprints and DNA evidence on equipment could be quite relevant to a case. There may even be a need to examine hard drive platters (old school spinning disk, not SSD obviously) to determine if there was data deleted in the past. It’s rather simplistic to say it’s a matter of just imaging and returning as quickly as possible. I agree the equipment being gone often presents a hardship for a defendant, but arguing that it’s intentionally set up this way to inflict cruelty ignores the reality of investigations.