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GrapheneOS Defends Data-Wiping Function That Blocked US Border Search

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Re: GrapheneOS Defends Data-Wiping Function That Blocked US Border Search

#8
Someone who is a lawyer knows any details about the US justice systems precedents with regards to the fifth amendmend (regards to self incrimination) vs obstruction of justice (by destroying evidence) as would be applicable to a duress wipe? Also would the distinction of being (or not) read their miranda rights and placed under arrest in this case make a difference as to the status of any possible obstruction?

Re: GrapheneOS Defends Data-Wiping Function That Blocked US Border Search

#9
This should be an interesting case in today’s legal climate

Obviously grafeneOS has no liability. But the owner of the device didn’t take the action to remove the data, the CBP officer entered it. We already have some precedent around being forced to give up your password.

How does that change if you are forced to give up a password that is destructive? What if the password works fine at home and the same password does a wipe based on location? Either way, the user complied, and did not take action to wipe their device.

Re: GrapheneOS Defends Data-Wiping Function That Blocked US Border Search

#10
post #8

Someone who is a lawyer knows any details about the US justice systems precedents with regards to the fifth amendmend (regards to self incrimination) vs obstruction of justice (by destroying evidence) as would be applicable to a duress wipe? Also would the distinction of being (or not) read their miranda rights and placed under arrest in this case make a difference as to the status of any possible obstruction?

According to Homeland Security, within 100 miles of the border is a "constitution free zone". So there's a whole lot to unpack before we even get to miranda rights.
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