However, I find it somewhat worrisome that they can nail this jerk on an "obstruction" charge for modifying his own hard drive, unless he did it after a court order barred him from doing so.
This seems to me a fifth amendment issue, the right not to testify against yourself. And it's implied corollary the right to not retain evidence against yourself.
There is an increasing trend of busting people not on the crime itself, but on vague indirect behaviors not directly part of the crime.
Of course, any conviction of FReepers would be posthumous, after they pry our "arsenals" and Bibles from our cold dead fingers.
The right to destroy evidence?
Don’t think so, obsruction of justice would be unenforceable. The common law is clear that no one has the right to destroy evidence simply because it’s incriminating to an accused.