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US Government targets Cop City protester over phone operating system

theguardian.com

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

#31

Post by cherryteastain »

woodruffw wrote: post #30
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.

Easier solution: phone wipes itself if passcode is not entered every X hours

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

#32

Post by numeri »

Tyrubias wrote: post #28
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".

You're agreeing with the person you responded to (bdcravens). Burying the lede means that bdcravens thinks the true headline should have been about being put on a terrorist watch list for protesting a police training camp, not about the phone.

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

#33

Post by kelseyfrog »

ImJamal wrote: post #16
kelseyfrog wrote: post #15

Earlier quoted context omitted.

Technically that means the cops destroyed the evidence. Their investigatory department should be savvy enough to avoid destroying evidence.

That is not how the law works. Under Georgia law (GA Code § 16-2-20) it says > (a) Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime >(b) A person is concerned in the commission of a crime only if he: (1) Directly commits the crime; (2) Intentionally causes some other person to commit the crime under such circumstances that the othe…

One weird trick to destroy evidence without creating a crime. Cops don't want you to know.

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

#34

Post by Cider9986 »

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.

Or just don't wipe your phone and let the reboot timer do its work and bring your phone to BFU state, effectively uncrackable.

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

#35

Post by 1attice »

wbl wrote: post #26
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.

Some of us are on visa and have our online presence routinely scanned these days. Asymmetric vuln. If that's not you, why are you upset when it is acknowledged?

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

#36

Post by atoav »

cherryteastain wrote: post #31
woodruffw wrote: post #30

Earlier quoted context omitted.

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.

Easier solution: phone wipes itself if passcode is not entered every X hours

Deadmans-switch, nice. I always had a weird fascination for that kind of mechanism, because it inverts the whole situation. Where before you have to actively wipe a phone, now them taking your phone may be the mechanism that triggers the wipe.

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

#37

Post by cogman10 »

ImJamal wrote: post #20
mukbangpervert wrote: post #19

Earlier quoted context omitted.

You're jumping to conclusions. Deletion to protect privacy does not prove deletion to prevent apprehension. I could believe that everything is wholly innocent, but wish to protect privacy regardless.

If that was his intent he shouldn't have handed over any pin. This looks like he was hiding evidence of wrongdoing and he will probably be charged with it. I am guessing his only hope will be that they denied his request for a lawyer.

His rights were already being violated. He was falsely arrested and denied his rights to an attorney.

They can prosecute him (and probably will) but he's got a pretty strong civil rights claim against the federal government for a false arrest and illegal search and seizure.

You can't arrest someone without a warrant or a reasonable suspicion of a crime. These thugs had neither when they arrested him, just that he's "a terrorist". That's why they were trying to get him to confess or commit a crime. That's why they didn't want a lawyer to get involved.

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

#38

Post by cogman10 »

This whole thing highlights how insane US border law is.

Sam was physically in the US, but because he was on an international flight, he was arrested in a manner that would be unconstitutional anywhere else in the US. He was denied a lawyer, questioned for I presume hours, had his phone stolen without a warrant, and then was released because there was no crime CBP could figure out how to charge him with then and there.

Months later, he gets charged by a federal statute even though where he committed the crime was a place that federal law does? doesn't? extend. Apparently it's a very convenient place where the constitution is void but federal laws still matter.

Cops can't arrest or detain you without some articulable suspicion of a crime being committed. They can't steal your stuff to try and find a crime you committed. They can't search your phone without a warrant in which they provide a judge with enough evidence to reasonably suspect a crime has been committed.

Yet Sam apparently had no rights because he was put on a watchlist for exercising first amendment rights.

Very despicable behavior by the government and the federal prosecutors pursuing this case.

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

#39

Post by cogman10 »

Cider9986 wrote: post #34
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.

Or just don't wipe your phone and let the reboot timer do its work and bring your phone to BFU state, effectively uncrackable.

The issue here is CBP was (illegally) demanding he give them his passcode (5th amendment violation).

Doesn't really matter if the reboot timer is triggered if the thugs have beaten your code out of you.

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

#40

Post by bilegeek »

atoav wrote: post #36
cherryteastain wrote: post #31

Earlier quoted context omitted.

Easier solution: phone wipes itself if passcode is not entered every X hours

Deadmans-switch, nice. I always had a weird fascination for that kind of mechanism, because it inverts the whole situation. Where before you have to actively wipe a phone, now them taking your phone may be the mechanism that triggers the wipe.

Is it legally better? Absolutely. But all they have to do is say "they did this as a legal workaround for that" and you're no better off, at least not without spending the same amount on lawyers. You can't out-tech your way around a corrupt system, they will find a way to get you.
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