This whole situation is making me strongly consider bringing a burner phone on my next vacation. That way I can wipe it before going through customs.
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„I think this case serves as a reminder that authorities may argue you knowingly destroyed data, so it’s better to not have that data on you when you cross certain borders.” Wow that’s an advice fitting entering Russia, Iran, etc. Nice club you’ve joined here
„unlawful to knowingly destroy or damage property to prevent authorities from seizing it” - but did it fucking explode, catch on fire, or blew some fuse on the phone or in any other way prevented it from working? No, they (not him) just wiped the data. I didn’t know deleting files off YOUR OWN DEVICE is a crime. I need to think twice before I empty trash on my computer next time.
why are they so concerned about what you OWN
Can't control people without controlling things. And vice versa.
Imagine being on a de-federated instance like lemmy and crying about how a COP in AMERICA could not harass a person successfully.Go back to meta choom.
I just heard about this yesterday and it's very interesting and fascinating to me, how the duress PIN worked if a situation like this arose. I cannot think that GrapheneOS team for implementing such a feature. Lowkey want the team's input on this. 🥰
Yeah I wonder what the penalty is for doing something legal with something you own.
Would be cool to have your device partitioned by separate passwords, so you could unlock a dummy system.
This is an excellent idea honestly.
yes you can. On Graphene you can set the main profile as just there with nothing except to control wifi/add esim/etc. Then you can create many profiles with their own passwords. You can store your work stuff in 1 profile, private stuff in another. You can even create a dummy profile with fake Google. .
The downside currently is that the OS autoboot to main profile. Then you switch to your other profiles.
GrapheneOS - the only OS that i just installed and forget about it. Sure i spend time to tweak things like profiles but thats it.
And I am a distro and rom hopper.
The security model is that good: duress pin, scrambled pin, separate profiles with their own passwords, usb c restriction (you can set it charge only, charge while phone is off (most secure state).
claimed they did not need a warrant to search Tunick’s phone because he had not yet crossed the U.S. border.
Also no right to search / seize his phone then. US law doesn't apply on non-US soil.
But what law/rights do apply there?
What? US police can ask you for the phone password? No way! That is 100% police state. Stalin was amateur comparing to present day USA.
Yes US citizens cannot be compelled to provide a password, but biometrics such as fingerprint or Face ID can. Disable these when crossing into the US.
Non citizens can be detained and rejected for not providing access to a device via password. Best to bring a second device if you must enter. Depressing times.
this was a streisand effect for me because i didn't have duress password set up on my grapheneos phone (security & privacy => device unlock) before but i do now! :D
He would have had a lot better legal leg to stand on I think if he had just refused to give them any passcode. Now instead of a potential case of being forced to compel speech, he is facing what will be argued is an attempt to destroy evidence. His defense is probably a lot stronger with the former than the latter.
Does it count as destroying evidence if they don’t have a warrant for it? I can destroy whatever device or document I want. It’s my property
To charge someone with destroying evidence wouldn't they first have to somehow prove the evidence existed?
Perfectly legal. Unless they were legally charged and ordered by a court to preserve data considered to be used in a crime, they can't be charged with shit. Cops don't dictate this, courts do, AND that scope only applies to an active prosecution anyway.
This is why I'm never going to the US until all this shit is fixed. Which will probably be never
Good.
That's legal, fuck you. It's my data, and I want it (gone) now!
Its good if the courts hold that sentiment up in his favor.
If they don't and take the border patrols side in this case then this just sets a horrific precedent for the future.
I hope the feds get raked over the coals in this court case and not only loose but get the dog shit sued out of them for this stunt.
I'm not optimistic anymore though.
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