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
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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.
Legality seems to be a fairytale concept in the USA, except for oligarchs. They get full legal coverage.
There’s a bunch of legislation and case law saying that searches are OK within x (50?) miles of a border crossing which covers something like 90% of the population because they count international airports.
So it might get sticky for the person.
100 miles, but it does not include airports. https://www.aclumaine.org/know-your-rights/100-mile-border-zone/
Search is not the same thing. Search means they CAN legally search. It absolutely does mean that wiping your phone prevented, obstructed, or obscured a SEARCH. Search all you fucking want, that data is gone. It's not retroactively comparable.
That being said, had there been a judge that said "You can't wipe your phone, because you are being charged with a crime, and we believe there is evidence of this crime on your phone, and here is why..."
Way different, and these laws only exist to prevent law enforcement from being caught in a cyclical legal roundabout in court related to the 4th amendment, and even then, many defense lawyers get "gray area" material data evidence thrown out because of Miranda Rights, or illegal searches by law enforcement of data harvested when the defendent was not properly advised or advocated for their ability to refuse.
Murderers get off for this shit because Cops get overzealous and don't follow the letter of the law or chain of custody in evidentiary collection.
From the article
"The government’s indictment, which contains a typo (“Untied States Code”), accuses Tunick of allegedly providing a passcode to border agents that caused the phone to “delete the digital contents,” prior to the device being seized."
"When Tunick provided his passcode and the authorities entered it, “the screen went blank, flashed several times and the phone appeared to restart.” The authorities seized his phone anyway, before telling him that he was free to go and could enter the United States."
Yes, and only JUDGES are able to make that determination.
There is no stature in Federal or State law that says this is a crime, and no superceded precedent for this.
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.
I'm not a lawyer, so I'm not arguing that you're wrong here, but the article describes the federal law the journalist was charged with. It seems very broad, and it's a bullshit law, but from what's here, it seems more grey area than perfectly legal. All of 2232 seems to require knowledge (which it seems like he had, but might be arguable) and action. You could argue that the journalist didn't take any affirmative action to wipe the phone. The action that wiped it was the feds entering a code.
This is why I'm never going to the US until all this shit is fixed. Which will probably be never
Tourists going to the US and US residents leaving should take a burner phone.
I lost interest of ever visiting again when they started collecting fingerprints from everyone visiting.
Good. Annoying to rebuild his phone, but better than handing it to fascists who don't even have a lawful court order for it.
In all likelihood they kept his phone and will retain possession until charges are dismissed. Get a burner phone and wipe it before going through security. I assume if they see your phone is "fresh" they'll take it on suspicion anyway.
Would you want the phone back after it's been in their hands? I wouldn't trust them to leave it alone.
I mean yeah, might be a fun reverse-engineering project to look for any backdoors or other modifications to the device.
Good.
That's legal, fuck you. It's my data, and I want it (gone) now!
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.
If it's not US soil, it's not a detention, it's a rendition, a kidnapping.
Also, I don't know how citizenship works I this respect in the US, but in my country a citizen cannot be denied entry. It can be detained upon entering, but by then you are in sovereign soil.
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.
Yeah I wonder what the penalty is for doing something legal with something you own.
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.
I don't believe you can be compelled to provide a password. That does after all (at the very least) constitute speech. And freedom of speech is also freedom of non-speech, they can't make you say something.
They will however try to make you do that... In many situations authorities are allowed to lie to you. So that's sucks. They can tell you that you're required to unlock your phone, you just have to know that your not actually.
Also they can't make you say anything, but they can make you do things, like for instance "put your finger here" or "look into this camera", which is why biometric unlock is unsafe around cops.
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).
why are they so concerned about what you OWN
I may be about to move to a town near the border, and I fully plan on visiting Mexico as frequently as I can. It's one of the things I'm most excited about about moving there.
I will 100% be getting a second cheap phone, and only taking that when I cross the border.
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.
To charge someone with destroying evidence wouldn't they first have to somehow prove the evidence existed?
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.
That’s it. I’m getting a burner phone if I leave the country.
Edit: Serious question… what if you just wiped your phone and then restored it when you got wherever you were going?
„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

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