US Government targets Cop City protester over phone operating system • Hacker News Board

Re: US Government targets Cop City protester over phone operating system

#21

Post by woodruffw » Thu, Jul 23, 2026, 7:02 PM UTC

ImJamal wrote: post #17

JumpCrisscross wrote: post #5

Earlier quoted context omitted.

> That seems like a clear example of destruction of evidence If he was under arrest, sure. The cops claiming this was a routine airport inspection would seem to muddy the waters, at least.

Under Georgia law (16-10-94) you do not have to be under arrest. > A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence

This would be under federal law, not Georgia law I believe. But even assuming it was under Georgia law: it hasn’t been entered into public evidence that the person in question knowingly destroyed anything. It’s entirely possible the phone had nothing of value on it; the prosecution is required to demonstrate that evidence was in fact destroyed or falsified.

Re: US Government targets Cop City protester over phone operating system

#22

Post by [deleted] » Thu, Jul 23, 2026, 7:17 PM UTC

delfinom wrote: post #11

RetroTechie wrote: post #6

Sounds like a good reason to use alternatives like GrapheneOS. It doesn't take a big % of users to let the "using it is suspicious by itself" nonsense wear off.

Not to worry, but big tech and government are slowly crafting laws that make non-big-tech operating systems illegal in the name of protecting children.

[deleted]

Re: US Government targets Cop City protester over phone operating system

#23

Post by Cider9986 » Thu, Jul 23, 2026, 7:18 PM UTC

kmoser wrote: post #14

ImJamal wrote: post #3

It looks like there are a lot of issues here on the government side, but it also appears like the protestor intentionally gave them a password that, when used, wipes the phone? That seems like a clear example of destruction of evidence.

It's too bad GrapheneOS doesn't support hidden volumes.

It can't because it runs on phones which only have SSDs which leave forensic traces. They would like to improve deniability but it must be robust, whatever they implement.

Re: US Government targets Cop City protester over phone operating system

#24

Post by m463 » Thu, Jul 23, 2026, 7:24 PM UTC

This is a technical problem.

Instead of wiping and rebooting, it should wipe while showing a lame spreadsheet application, or possibly a grocery list.

Re: US Government targets Cop City protester over phone operating system

#25

Post by JumpCrisscross » Thu, Jul 23, 2026, 7:26 PM UTC

woodruffw wrote: post #21

ImJamal wrote: post #17

Earlier quoted context omitted.

Under Georgia law (16-10-94) you do not have to be under arrest. > A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence

This would be under federal law, not Georgia law I believe. But even assuming it was under Georgia law: it hasn’t been entered into public evidence that the person in question knowingly destroyed anything. It’s entirely possible the phone had nothing of value on it; the prosecution is required to demonstrate that evidence was in fact destroyed or falsified.

> the prosecution is required to demonstrate that evidence was in fact destroyed or falsified

Is this legally true? At least in civil matters, destroying evidence typically causes the worst to be assumed about whatever was destroyed.

Re: US Government targets Cop City protester over phone operating system

#26

Post by wbl » Thu, Jul 23, 2026, 7:30 PM UTC

1attice wrote: post #2

Quick reminder to my fellows that if you discuss this story here, it will end up immutable and available to law enforcement and, e.g., H1B eligibility deciders. Dark forest

Better to die on ones feet than live on ones knees.

Re: US Government targets Cop City protester over phone operating system

#27

Post by woodruffw » Thu, Jul 23, 2026, 7:35 PM UTC

JumpCrisscross wrote: post #25

woodruffw wrote: post #21

Earlier quoted context omitted.

This would be under federal law, not Georgia law I believe. But even assuming it was under Georgia law: it hasn’t been entered into public evidence that the person in question knowingly destroyed anything. It’s entirely possible the phone had nothing of value on it; the prosecution is required to demonstrate that evidence was in fact destroyed or falsified.

> the prosecution is required to demonstrate that evidence was in fact destroyed or falsified Is this legally true? At least in civil matters, destroying evidence typically causes the worst to be assumed about whatever was destroyed.

I thought the standard for obtaining adverse/negative inference in a criminal case was higher than in a civil one, i.e. a judge will typically need more than just evidence that information was destroyed. But IANAL!

Re: US Government targets Cop City protester over phone operating system

#28

Post by Tyrubias » Thu, Jul 23, 2026, 7:41 PM UTC

bdcravens wrote: post #12

"federal authorities had put him on a terrorism watchlist because of his alleged association with the movement against Cop City" Talk about burying the lede

Burying the lede on what? The individual in question was being targeted in part because he was exercising his First Amendment right to protest environmental destruction and the militarization of police. I think if anything this makes it more disturbing. The US government has a long history of criminalizing movements they don't like as "terrorism".

Re: US Government targets Cop City protester over phone operating system

#29

Post by JumpCrisscross » Thu, Jul 23, 2026, 7:43 PM UTC

woodruffw wrote: post #27

JumpCrisscross wrote: post #25

Earlier quoted context omitted.

> the prosecution is required to demonstrate that evidence was in fact destroyed or falsified Is this legally true? At least in civil matters, destroying evidence typically causes the worst to be assumed about whatever was destroyed.

I thought the standard for obtaining adverse/negative inference in a criminal case was higher than in a civil one, i.e. a judge will typically need more than just evidence that information was destroyed. But IANAL!

Maybe you just get charged with destroying or tampering with evidence instead of the original charge? (Help us rayiner!)

Re: US Government targets Cop City protester over phone operating system

#30

Post by woodruffw » Thu, Jul 23, 2026, 7:44 PM UTC

m463 wrote: post #24

This is a technical problem. Instead of wiping and rebooting, it should wipe while showing a lame spreadsheet application, or possibly a grocery list.

I don’t think a judge would be impressed by this. If anything it actually makes the legal case easier: there’s a legitimate use for a wiping feature on a phone (e.g. for theft or tampering), but actively producing false information demonstrates an intent to deceive or mislead.