Felony charges for citizen deleting phone data at US Border

A court has not yet determined whether the use of the duress PIN/password was legal. There's definitely no consensus among legal experts of it being illegal as you're portraying it. The US has strong legal protections against self-incrimination and unreasonable searches despite erosion of how much people's rights are respected.

A factory reset done in anticipation of a search is not as different from using a duress feature as you believe it is. Forensics software would have clearly identified the device was recently factory reset. It would provide another defense argument by arguing it was wiped for another reason, but whether that would be believed by a court is unknown. It would make a difference if there was a good argument about why it was done, but it isn't necessary for this to have been done instead for wiping the device to have been legal.

Once he was in the situation already, the best move was very likely refusing to provide the PIN/password indefinitely and only talking to them to demand access to lawyer. There are strong protections against data extraction and it's highly unlikely they would have been able to get the data from it. Refusing to provide a PIN/password is protected under the 5th amendment in the US and these rights do exist at the border. They can turn away a non-citizen but they can't refuse entry to an American citizen because they won't provide a PIN/password. They could waste a lot of his time but he'd get access to a lawyer and would get released. They could make a court case over demanding the PIN/password and they'd nearly certainly lose. He'd likely spend months or even years without getting back his phone of course.

If they had a video recording of him entering the PIN/password from somewhere, they could have used that to get the data. By using the duress PIN/password, he prevented it. It was probably not necessary to keep the data safe, but that's unknown.

With only a tiny bit of preparation time, rebooting or powering off the device would have gotten it into Before First Unlock state without the locked device auto-reboot timer needing to complete. In Before First Unlock state, a decent random 6 digit PIN is enough for the data stored protected with it to be highly secure without an extremely sophisticated secure element exploit. If the device had a strong passphrase, then no level of sophisticated exploits would recover that data.

This defeatism is unhelpful. I'll not simply surrender the country that I love, thanks.

> US has entered its East Germany / late 20th century Soviet era

> 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"

What you're describing is politics in general. The question is not whether abuses occur (they do, everywhere), but whether the system is built to be resilient and course-correct over time.

The thing about freedom is not just that it's less miserable than the alternative; more importantly, freedom enables a feedback loop where people's individual choices carry corrective information: what they buy, what they sell, how much, at what price, who they vote for, what they write/publish, what they read, what they say etc. The system at large can correct itself over time if (a) these choices are allowed to have power to influence the system, and (b) the courts enforce justice without interference by the ruling party.

Not a single communist country in the 20th century stayed communist for more than a few years when only 2 freedoms were allowed: (1) freedom of the press, and (2) freedom of the courts from control by the ruling party.

The Soviets and East Germans suppressed every form of freedom that carried information or potential corrective power, because they maxxed on staying in power above all - they effectively had to. No one wants to be under real communism/socialism[0], so for it to be stable it has to be maximally suppressive.

[0] see various records of escape attempts, such as https://www.ebsco.com/research-starters/politics-and-governm...

Agree with the thrust of your comment, but I had to comment on this:

> 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.

I think you may be misunderstanding that many laws, even in fair, just societies, are intentionally designed to be flexible. The real world is so variable and messy that in many cases it isn't feasible for a law to be written such it can be unambiguously determined whether or not a specific action violated the law. Laws often rely on humans using context to judge whether something violates the spirit of a law, and in a just society, this is a good thing.

My point is that I don't believe the idea of "perfect rule of law" is sensible. Law is always necessarily a bit fuzzy and nebulous.

They didn't get the data from his phone and will likely lose the case against him. They probably wanted data to go after other people and those people were protected against it.

It was likely unnecessary to use the duress PIN/password. He likely would have been better off simply refusing to provide the PIN/password. He could have rebooted or powered off the device before going through but even without that it would have automatically rebooted itself after 18 hours by default, or a lower time if he had configured one.

With a lot more preparation he could have done an encrypted backup, wiped the device and restored it later but that's very inconvenient.