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GrapheneOS Defends Data-Wiping Function That Blocked US Border Search (www.pcmag.com)
submitted 2 months ago by to c/privacy@lemmy.dbzer0.com
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The foundation behind the ultra-secure Android-based OS is speaking out after an activist was indicted for using a 'duress password' to prevent federal agents from searching his phone.

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[–] 183 points 2 months ago (28 children)

So puzzled why it even needs defending in a country that is constantly screaming about free speech and rights, it is your data and no one has the right to it but you

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  • [–] [S] 118 points 2 months ago* (9 children)

    The US thinks it's a lot of things it isn't, and really has never been. A democracy for example.

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  • [–] 38 points 2 months ago (8 children)

    Yes unfortunately with each passing year another piece of the facade that holds this noodle house together falls and reveals it's wobbly spineless innards

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  • [–] 26 points 2 months ago (7 children)

    All societies are flimsy

    Held up one generation at a time by the educational and cultural matrix in which the new generation form their reality

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  • [–] 15 points 2 months ago (3 children)

    Mmm I was just talking about this, when people are so wrapped up in their own lives and don't care about each other or look out for each other, what's the point any more, society is gone. It's like people don't see it? I know it's not that bad all over but it's not a good trend and it doesn't seem to be fading

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  • [–] 14 points 2 months ago (2 children)

    You do realize that as recently as the 1800's the average household had at least one member infected with tapeworm at any given time?

    Science and technology have brought such riches

    Fuck MAGA, religion, and Trump-Orban

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  • [–] 13 points 2 months ago* (last edited 2 months ago)

    We can have advanced medicine without all this bullshit surveillance machinery technology, it is possible, people just have to set aside their greed but they are not willing to

    I have no idea how my lament of the lack of socialism inspired your technology rant

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  • [–] 17 points 2 months ago (6 children)

    Came here to say this. It's like taking a note out of your own pocket and ripping it up. What's actually the criminal offence?

    The police just want to go on a fishing expedition on your data. Just try kicking in the doors of their house to do the same thing.

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  • [–] 6 points 2 months ago (4 children)

    It's definitely an unlawful search though right? I mean what crime are they looking for they can't just say they have some suspicion in order to dig through someone's personal life, that's unacceptable

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  • [–] 13 points 2 months ago (1 child)

    Unfortunately in the US, it is legal for border searches.

    Thank our corrupt supreme Court

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  • [–] 1 point 2 months ago* (last edited 2 months ago) (4 children)

    Because there is a specific exemption for border officials in the 4th Amendment. Until he was allowed to proceed and enter the county, CBP had the full legal authority to search everything on his person and in his possession.

    Edit: y'all some have to like it for it to be true.

    https://www.law.cornell.edu/constitution-conan/amendment-4/border-searches

    It's a well-known exemption.

    https://www.brownulr.org/blogposts/the-border-search-exception-to-the-fourth-amendment

    Well-studied

    https://yalelawjournal.org/essay/customs-immigration-and-rights

    Legal arguments against the exemption including phone data are tenuous at best.

    https://harvardlawreview.org/print/vol-132/the-border-search-muddle/

    Y'all her your heads outta your collective butts and let's change the shit law.

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  • [–] 1 point 2 months ago (1 child)

    Sure, but I see it as "is the data on your phone a possession?"

    Hypothetically, I could have my phone geofenced so that when I was within a certain distage of a border, it would wipe part or all of my data, and then automatically restore my data when I get a certain distance from the border. Is it illegal to wipe my data? Definitely not. Can I be compelled to download data to my phone? Definitely not. Can I be prosecuted for things on my phone that I was compelled to download to my phone? Also definitely not.

    So border patrol can search the phone without a warrant, but can they compell you to give up your cloud account passwords and 2FAs? What about your Bank account credentials? What if you genuinely can't remember them in that instance?

    Can they even prove that the phone was wiped in response to CBP trying to access it with a duress password? Is it illegal now to bring a wiped phone over the border?

    So many questions!

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  • [–] 1 point 2 months ago

    Did you even read the article in the last link? This is well-worn territory.

    Questions? Have you read anything about this case? The guy told the officer what happened. Told him! Hadn't even been Mirandized FFS! And volunteers that the officer entered the code to wipe the phone.

    It's SO boneheaded.

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  • [–] -5 points 2 months ago (3 children)

    Because it was an active search and he destroyed the "evidence". Well be interesting how this plays out I can see both sides.

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