Avoiding self-incrimination

Contents

An enormous number of convictions are based on self-incrimination — behaviour that essentially amounts to snitching on yourself.

If you are arrested, don't talk to the police. Any communication beyond the legal requirements (often name, date and place of birth) should be considered self-incrimination, and depending on your context you may be released without divulging even this information.

Don't brag about crimes to friends, comrades, or cellmates — even if you have a solid foundation of trust, the knowledge unnecessarily endangers the person you're telling and could be overheard by an adversary.

Digital communications and devices are hostile terrain. Don't let anything incriminating go through your phone as a text message, photo, etc. — regardless of encryption. Social media is a treasure trove for State adversaries: don't use social media, or at least don't post anything incriminating on social media. Taking videos or photos during riots incriminates people and should be considered a form of snitching[1]: don't take videos or photos during riots.

Depending on your context, refusing to provide identification and biometric information (face photograph, fingerprints, DNA) upon arrest by a State adversary may be a viable strategy.

See the related mitigation Need to know principle.

Techniques addressed by this mitigation

NameDescription
Door knocks

If an adversary knocks on your door, you can avoid talking to them: instead, alert your networks and consider making the event public.

Forensics
Digital

An adversary can use digital forensics to retrieve self-incriminating information from a digital device. To mitigate this, you can avoid storing such information on digital devices except for very deliberate reasons (such as writing and sending an action claim while following digital best practices).

ID checks

If possible, you can avoid answering questions or providing biometric information (face photograph, fingerprints, DNA) during ID checks.

Interrogation techniques

You should not talk to an adversary under any circumstances: this is the best way to resist their interrogation techniques.

Mass surveillance
Mass digital surveillance

An adversary can use mass digital surveillance to retrieve self-incriminating information from a digital device. To mitigate this, you can avoid storing such information on digital devices except for very deliberate reasons (such as writing and sending an action claim while following digital best practices).

Network mapping

An adversary can use information obtained through self-incrimination to endanger not only the individual from whom the information was obtained, but also the rest of their network. To mitigate this, you should not talk to an adversary under any circumstances, and you can avoid providing biometric information (face photograph, fingerprints, DNA) if possible.

Open-source intelligence

An adversary can use open-source intelligence to collect information that you publish voluntarily. To mitigate this, you can avoid using social media and generally avoid making any information about yourself or your networks public.