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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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[–] 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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