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US citizen charged after GrapheneOS phone wipes during airport search

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Re: US citizen charged after GrapheneOS phone wipes during airport search

#291
It seems to me that this should have been a case of steganography?

Instead of wiping it clean, wipe to innocuous mode. Then the burden on their part is not only to show that I gave a bad pun, but that the innocuous mode is materially different than the previous state.

Re: US citizen charged after GrapheneOS phone wipes during airport search

#292

Here is the indictment: https://www.documentcloud.org/documents/28513012-samuel-tuni... Here is the statute Tunick is indicted under: https://www.law.cornell.edu/uscode/text/18/2232 There is an immediate problem: the device was being searched, and this statute criminalizes destruction of property to prevent seizure, not searches. I don't think this statute applies this situation. Regardless of whether the border agen…

CBP are empowered to seize devices if the owner refuses a search.

Re: US citizen charged after GrapheneOS phone wipes during airport search

#293
post #261

I’ve seen a lot of people on the internet over the years say things like “the government can’t make x illegal, it’s just y.” For example, the government can’t make wiping your phone at the border illegal, it’s just punching four numbers into your phone, just like a pin, only a different four numbers, which could just have well been your pin. U.S. law though is highly non-autistic and what you were trying to do is jus…

Would it have been wiser if that person had, as a US citizen, just refused to provide a PIN? At the most they'd just confiscate the phone, and it'd be encrypted anyway. No actual destruction of anything. On another note, maybe GrapheneOS should add some kind of feature where the phone involuntarily destructs if a correct PIN isn't entered for 48 hours (or whatever the user sets at installation time, and changing the…

This is a form of legal evasion similar to warrant canaries imho : https://en.wikipedia.org/wiki/Warrant_canary

i m not sure how legal a protection it is, and whether the courts would interpret your choice of OS as complicit in evidence destruction.

Re: US citizen charged after GrapheneOS phone wipes during airport search

#294
post #96

Earlier quoted context omitted.

Have the duress PIN on sticker on your phone. Maybe put it backwards and don’t say anything to border patrol. Have them try it out and erase the phone and then you can legitimately say you didn’t do anything and they did it themselves.

But if the prosecutors can make a convincing argument that your intent was exactly that all along, then you may end up convicted anyway. Intent matters. It might be hard to prove, but it matters. It may not even be that hard; what other possible explanation is there for someone putting a PIN visible on their phone that wipes it while crossing a border?

There’s no way to prove intent if you keep your mouth shut and don’t answer anything.

Re: US citizen charged after GrapheneOS phone wipes during airport search

#295

Earlier quoted context omitted.

I’m quite unfamiliar with this notion. What law says it’s illegal to lie when you’re not under oath during a court proceeding?

18 U.S. Code § 1001 [1] [1]: https://www.law.cornell.edu/uscode/text/18/1001

does this apply to defendant ?

the most authoritarian places in the world wouldn't charge defendants for "lying"

Re: US citizen charged after GrapheneOS phone wipes during airport search

#296

It seems to me that this should have been a case of steganography? Instead of wiping it clean, wipe to innocuous mode. Then the burden on their part is not only to show that I gave a bad pun, but that the innocuous mode is materially different than the previous state.

creating a convincing and actually safe innocuous mode is probably harder than it sounds in practice

Re: US citizen charged after GrapheneOS phone wipes during airport search

#298
post #233

Earlier quoted context omitted.

How do you manage data between your primary and travel-phone? I _think_ you would need a fresh iCloud account (thus losing access to purchased apps and subscriptions). You also need to manually create fresh social media accounts, copy over contacts, etc.? Any advice on how to automate this process or is this just a 2-4 hours exercise you do before your trip?

A couple of hour exercise setting up the minimal amount necessary for the travel beforehand. Then once you're at destination, you can set up everything else if you want. I don't have a lot of "everything else" anyway, so my device would probably look suspiciously 'clean' even if it was my in-this-moment daily driver. (HN is my news and social media). I don't use banking apps, but the irony is that I would need to whi…

Do you have separate iCloud accounts? Keychain syncing kills me...

Definitely dry-run. I didn't do that and it was a huge pain to recover everything.

Re: US citizen charged after GrapheneOS phone wipes during airport search

#299
post #252

For non-graphene users (eg. Boring iPhone people like me). So there’s a feature called Duress PIN which as explained through some comments means you put a different pin which intentionally wipes the phone. It’s not auto wipe or wipe after several failed attempts but intentional wipe of device. (Worth explanation as the current title nor the article doesn't easily explain this was made by the US citizen providing the…

That's a nice feature, every OS should have that. I believe the old TrueCrypt had two passwords, each revealing a different set of files. You'd put e.g. your tax forms in one, so if forced to decrypt your drive, you could cooperate and do so. It's not illegal to delete your own vacation photos. So to prove this guy guilty of destruction of evidence, does the government need to prove there was actual evidence in the p…

[deleted]

Re: US citizen charged after GrapheneOS phone wipes during airport search

#300
post #17

Earlier quoted context omitted.

I could be wrong, but my understanding is that the dummy OS views the remaining space as legitimate and accessible free space. Using dummy directly is of course dangerous, as you might overwrite sectors with legitimate data, but also, you can access dummy os from secret. so you'd drive dummy from secret to prevent that but can load dummy as main if under duress and it looks fine. Browser, logged into various inconseq…

If you read the linked thread, you'd see the reasons are: 1. SSDs (including phones) have TRIM/discard, so you need to disable it, otherwise the hidden volume would get wiped. You going out of your way to disable it is going to be suspicious. 2. Even if the above wasn't an issue, you can't really use the outer os to any meaningful extent, because you run the risk of overwriting the inner volume. That makes your decoy…

By using Veracrypt you're already proving there could be a hidden volume - and it won't TRIM anything, for that reason.
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