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Felony charges for citizen deleting phone data at US Border

nytimes.com

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Re: Felony charges for citizen deleting phone data at US Border

#221
post #136

Why American authorities are always attacking their citizens freedom?

[flagged]

Considering Americans gave an estimated $617B to charity in 2025, and ranked #6 in the world in the CAF 2024 World Giving Index (ahead of any European country), I would have to disagree that Americans define freedom as "not having to give a shit about anyone else".

Re: Felony charges for citizen deleting phone data at US Border

#222
post #2

According to the article, he was actually using GrapheneOS and gave the border official the Duress PIN. So I guess technically it was the official that erased the data :-)

I wonder whether it'd be better for a duress PIN to delete existing data and also create a semi plausible artificial profile to hide the deletion event.

> I wonder whether it'd be better for a duress PIN to delete existing data

Reliably deleting data at the scale of the whole data partition, a secondary user or a Private Space is fully supported but requires a reboot or shutdown to truly complete it.

After wiping key derivation material needed to obtain the key encryption keys in multiple ways and wiping the encrypted disk encryption keys, the OS can still access the data. It still has data in the page cache, in registers and elsewhere. There are still a bunch of system processes with data tied to what was removed. The OS is still fully functional after the nearly instant wipe of everything needed to recover the data again. It can still access all data other than what's encrypted with hardware keystore keys and not currently decrypted.

The wiping process for the duress PIN/password is completed with a shutdown which tears down everything, zeroes memory and provides at least a small time window where the hardware is powered off too. A reboot would also work and the boot process has explicit zeroing of memory, registers, etc.

We decided to use shutdown for the duress PIN/pasword but a reboot is a valid approach too. Our locked device auto-reboot timer feature we first shipped in 2021 relies on the zeroing done by GrapheneOS for both the process of the OS tearing down and then again during booting to return the device to Before First Unlock state.

> also create a semi plausible artificial profile to hide the deletion event.

It isn't feasible to fool forensic software so it largely wouldn't work against state actors. It nearly certainly wouldn't have helped in this situation in the news. They aren't reliant on a non-technical person sifting through a phone. They'll just hook it up to a laptop and follow the data extraction procedure which involves enabling ADB. The software is aware of GrapheneOS can guide people through dealing with anything different about it. They've had a lot of trouble with extraction via ADB for GrapheneOS since the vulnerabilities they exploit via ADB keep getting patched or blocked it exploit protections but it isn't realistic to block extraction with them having the PIN/password. They could just enable the encrypted backup service in the OS instead and then use CLI tools to extract the data from there with the seed phrase. They don't do that because they want everything rather than only nearly all app data. They also have special code to deal with apps such as Signal with their own layer of data encryption since the data taken from their app data directory is nearly all useless by itself.

There's also quite a difference between wiping and rebooting into a not very plausible environment with decoy data set up by the user in advance compared to not properly wiping and giving access to a decoy profile. Bear in mind the OS can still access nearly all data after the wipe until a reboot. It could make a best effort attempt at purging as much as possible from memory, but the OS is not designed to continue functioning with all of the data disappearing. It can't just wipe all loaded encryption keys without crashing and rebooting anyway. It also has a ton of data still around in caches and elsewhere. We don't want to just do a best effort job cleaning up as much as we can but rather reliably prevent recovering any of the deleted data.

We could definitely add a duress PIN/password which wipes only specific secondary profiles, reboots and has the device still functional with whatever data was in the main user still there. That's a feature we can add, but it's important to note that it will not hide that there was deletion of data. It's easy to detect, and it's not feasible to hide that it happened. Many steps can be taken to make it less obvious, but it will still be easy for software aware of it to detect. Even a massive overhaul designed to perfect it would not address the SSD itself giving away what happened for more advanced analysis.

We aren't going to add a decoy profile compromising the security of the device and providing a way to recover data in a state where it isn't at all unrecoverable yet. We did already plan to consider a 2nd duress PIN/password which only wipes specific secondary profiles, but we need to make it clear that it cannot stealthily wipe them to users.

Re: Felony charges for citizen deleting phone data at US Border

#223
post #136

Why American authorities are always attacking their citizens freedom?

[flagged]

The US doesn’t protect positive rights (requiring the government to give you something) in the same way as Europeans.

But this case is pretty clearly about negative rights (preventing the government from doing something) which based on the original Bill of Rights is pretty clear.

> The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Re: Felony charges for citizen deleting phone data at US Border

#224
post #66

I don't get the legal contradiction. The search is supposed to be lawful without a warrant because you're not really in the US yet per-se, hence if you're not there, how deleting the data can be a felony?

The alleged crime is knowingly interfering with a lawful search (by providing a duress password that deleted the phone). Location has nothing to do with it.

The location is the crux of the "lawful" part of the search.

Re: Felony charges for citizen deleting phone data at US Border

#225

Would it be permissible to wipe your phone before going through customs to get back into the US? If they ask to search your already wiped phone, you aren’t destroying any evidence.

There are apparently problems with wipe/restore under GrapheneOS: https://news.ycombinator.com/item?id=49060780 > (From the HN GrapheneOS account about a month ago.)

That link says you can't take a image of the disk prior to wiping.

OP is talking about just backing up what you need off-phone and then wiping it.

Re: Felony charges for citizen deleting phone data at US Border

#226

Earlier quoted context omitted.

right, there's a contradiction here: - if you're deemed to be on US soil, constitutional protections (4A) apply; can't be destroying "evidence" unless you're accused of a crime or found to have committed a crime - if you're deemed _not_ yet on US soil, then how can you be charged with a crime under _US_ law?

The US views that US law applies worldwide. There is no requirement that you be anywhere near the US to be under US jurisdiction for an alleged offense against the US, according to the US. Also, that constitutional protections are suspended within 100 miles of a land, sea, or air border.

Not sure why you're getting downvoted, since your statement is true:

https://www.congress.gov/crs-product/RS22497

Although obviously not all US laws apply and enforcement is a whole other kettle of fish.

Re: Felony charges for citizen deleting phone data at US Border

#227
The naivete of some of the comments here is astounding. It doesn't matter whether you're right, it doesn't matter whether it's the law, it's irrelevant that you have rights, etc. Those things are of the past now, for the US.

I think it would be easier to understand the playing field and choose your actions accordingly, if you accept the US has entered its East Germany / late 20th century Soviet era -- except of course with 1000x more invasive and effective surveillance tech.

The social dynamics are the same - the abuses, the selective enforcement, the lack of recourse, the same characters in the roles of various levels of "law enforcement" and "politics". I'm so very sorry, but the best you can do from here is speedrun the collapse.

Re: Felony charges for citizen deleting phone data at US Border

#228
post #214

Earlier quoted context omitted.

It may be fun to fantasize about these things some times, but there is no technical solution to tyranny. Laws are not like code, intent matters. Ultimately if the intent is that the government wants to see your private data, hiding it in any way will be charged - it doesn't matter if you jump through hoops to avoid this specific instance.

This is a half-truth. In a full banana republic, technical compliance with the law will not prevent consequences for failing to do what the authorities want. In a jurisdiction with perfect rule of law, it always will. The USA is somewhere in between. One of the laws that's enforced pretty well in the USA is the protection against unreasonable search. Most of the time, a search requires showing a judge evidence that t…

Unreasonable search is always under attack though. There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call."

Edit to add that its also more difficult than it should be to protect and exercise the right against unreasonable search. If a cop knocks on your door its a consent-based interaction. You can simply not respond, but if you do happen to crack the door they can and will look in for any signs to claim as probable cause. Further there are cases where a person stepped out to talk and when they turned around and walked inside the cop slid right in behind them and later claimed in court the open door was implied consent. (I don't have a link to the court docs unfortunately.)

Re: Felony charges for citizen deleting phone data at US Border

#229
post #213

I used to play around on projects adjacent to Tor and TailsOS, and had an idea for a setup I was researching. It's a little intense and probably has annoying failure modes, but sharing in case anyone else finds it helpful: - Tasker is an automation app for setting up rules for triggers and actions. It allows extension apps to be created to add new triggers and actions. - someone at one point made an extension to add…

I used to contribute to this https://en.wikipedia.org/wiki/USBKill

Re: Felony charges for citizen deleting phone data at US Border

#230
post #189

For exactly the border search scenario, I wish smartphones could be imaged and restored as easily as PCs. Imagine booting the phone from a flash drive, making an encrypted image of the phone on said drive, and writing a fresh OS before reaching the border. There's no deception required to protect sensitive data or avoid the seizure of an expensive phone. Consent to unlocking the phone, refuse to unlock the drive. The…

Really? Does it take a long time to recover the phone? Haven’t really ever needed to recover a backup
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