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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

#511

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…

"U.S. law though is highly non-autistic" hilarious but also another point to emphasize is how truly depressing American courts often are. Take the right to a jury. It sounds noble in theory. But when they say judged by your peers they don't mean your actual peers. It's people who couldn't get out of jury duty. Prosecutors have high success rates. Federal prosecutor success rate is over > 90%. Studies of jury psycholo…

Yeah, but without a jury O.J. Simpson never would've walked out of court a free man.

For example in Europe when someone dies somebody always has to go to jail, even if they were defending themselves or responding to a potential threat. A jury could show compassion or empathy. Judges are extremely stoic in that regard.

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

#512
"Prosecutors say the OS erased evidence"

It's his device, so he can do everything he wants to. The USA is currently re-purposing constitutional protections. A judge has not signed these warrantless seizures, so why would the individual be under any obligation to cooperate? Besides, why would anyone want to incriminate oneself? The onus would be on the state to prove a guilty state.

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

#513

Earlier quoted context omitted.

Destroyed evidence of what?

To quote the article: suspected terrorism activities because of his alleged association with the movement against Cop City Complete horseshit on many levels, but presumably a legally valid investigation.

Seems like they could have had a warrant in that case.

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

#514
post #389

Earlier quoted context omitted.

can you share the link? This? https://www.eff.org/document/eff-border-search-pocket-guide ---- Seems the better strategy (for iOS) is come in with a plan to say yes to agents without pissing them off (like handing them an empty phone). better to local back up, encrypt, upload to your home server etc. Then login to a fresh iCloud account, selectively install apps, photos, and mail accounts. So it doesn't look like you…

This seems like an insane thing to have to do for visiting a supposed first world country. If phones had been around during USSR times I imagine you would have had to do the same. Personally I will rather just avoid any travel to the US, and I hope others do the same.

> for visiting a supposed first world country.

... which by now is a banana republic of the worst kind. Can you interact sanely with an insane counterpart? Avoiding to visit would be my recommendation too.

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

#515
post #431

Earlier quoted context omitted.

> The big picture problem is that the agents performing the searches have an enormous amount of power in terms of potentially seizing devices and potentially denying entry for non-citizens. I think they should not have this power, but the agents and courts probably don't care that I think that. That's the reason I never traveled to the US and never will, just having IT security in your CV is enough to make the border…

Note that border searches of electronic devices are extremely rare overall. There were some statistics from CBP implying a base rate lower than 1 in 10,000 (I think lower than 1 in 100,000) border crossings. I do know two people who have experienced them as a result of the government taking a personal interest in them, so it's certainly not impossible. However, it's not a common experience. I've personally experience…

But why would that be legal? The device is owned by the individual. No judge signed any warrant search for the device. I can do what I want with my device - that is a basic right of property. Imagine if border guards seize money willy-nilly.

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

#516
post #383

I co-wrote a border search guide for EFF some years ago. I was very interested in finding clever technical approaches but I later ended up feeling that I hadn't given enough thought to the overall threat model questions (even though the guide did address them, perhaps even somewhat usefully). The big picture problem is that the agents performing the searches have an enormous amount of power in terms of potentially se…

I don't carry a smartphone, is this likely to be a red flag if I'm stopped?

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

#517
post #423

Earlier quoted context omitted.

Yes, this also has the advantage of speed perhaps. I can see, deleting specific apps (and their data) as thing #1, and thing #2 would be certain directories. Of course, the problem is, are icons going to be vanishing off the home screen, when the agent is looking at it? Or will the unlock -> screen coming on, be super slow? Of course the problem there is, many people have an app store installed, and app stores have h…

Note that in the USA and a few other jurisdictions, I believe there is now a recognized possibility for the border agents to ask for access to your social media, so even wiping the phone, or even traveling without a phone, is not entirely safe.

[deleted]

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

#518
post #383

I co-wrote a border search guide for EFF some years ago. I was very interested in finding clever technical approaches but I later ended up feeling that I hadn't given enough thought to the overall threat model questions (even though the guide did address them, perhaps even somewhat usefully). The big picture problem is that the agents performing the searches have an enormous amount of power in terms of potentially se…

What about simply not using a smartphone and accessing your data via internet when you're in the country? You could use Mega (secure file storage) to access your files, for example. I wonder if border agents could coerce you into giving access to your internet file storage, though.

I believe they can. I believe they can even request your social media credentials, despite that being against the ToS for those sites. It's not against the law to refuse, but they can and will reject entry on that basis.

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

#519
post #383

I co-wrote a border search guide for EFF some years ago. I was very interested in finding clever technical approaches but I later ended up feeling that I hadn't given enough thought to the overall threat model questions (even though the guide did address them, perhaps even somewhat usefully). The big picture problem is that the agents performing the searches have an enormous amount of power in terms of potentially se…

I don't carry a smartphone, is this likely to be a red flag if I'm stopped?

Many countries now assume you have a phone. For example getting UK visa requires a smartphone. I don't think going without a phone is feasible nowadays.

Another question is if going with a burner phone that has just sim card and bank card, sufficient. But then you need appleid/google account on the device, and this again links back to your phone number, and it's not easy in practice to have proper clean device.

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

#520

Earlier quoted context omitted.

this isn't even that weird, when I worked in a BigTech it was pretty explicit that there were certain countries where you should not bring your actual work device through the border, and you'll get set up with a different one while in that country.

It's a shame that the US appears on that list now.

Half of Europe does, it's just that everyone talks about the US like it's a special case because those searches happen routinely. It's legal to search a phone without reasonable suspicion at airports in the UK under the Terrorism act 2000 (pre-9/11!)
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