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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

#341

Earlier quoted context omitted.

No, to my knowledge, they ask you to enter your PIN/password yourself. They don't enter it for you. I believe he entered it himself, at which point the erasure began. The erasure process was witnessed by the officer.

From https://arstechnica.com/gadgets/2026/07/activist-charged-wit... > Tunick provided this code to an agent, who entered it on the phone, after which “the screen went blank, flashed several times and the phone appeared to restart.”

[dead]

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

#342

Earlier quoted context omitted.

Not how the law works. If I put a bomb in a box. It will explode if a certain pin is put in. And you ask ”can I open the box? What is the pin?” And I say ”here is the pin to open it” and the bomb explodes. Do you think I can claim they blew up themselves ?

Yes. Because law enforcement assumes there's bombs in boxes by default and defers to the bomb squad to understand the box before they touch it. Why would the bomb squad trust the box owner to help them defuse it? To understand the issue, you have to construct a proper analog.

Sure, you're right that this analogy is bad, because that would never happen.

But if it did, you'd still be on the hook for the bomb, even though technically the LEO set it off through incompetence.

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

#344
post #247
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…

Think for a moment. What is the difference between giving them a password which wipes the phone and giving them a password which opens a blank phone? It's the same thing. They punched in a code, they are presented with a wiped phone. Can they prove the guy gave them a distress password and wasn't simply carrying a wiped phone to begin with? No, but they just need to imply that is the reason to charge him with the fel…

The best technical solution is one code opens to a phone that has things but isn't your actual phone, and then another code that opens to your real phone.

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

#345

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 cours…

Hallelujah!

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

#346

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 cours…

[deleted]

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

#347

Earlier quoted context omitted.

>Those things are of the past now, for the US. It's a temporary situation, it isn't necessarily a permanent situation. Tell me how you think East Germany is doing these days. And no, it doesn't have to take 40 years to right the ship, so long as people get their heads out of their asses and vote. Things are likely to change by the end of this year, and in another 2 years we could have a very different government that…

Does anyone on the other side have a credible plan to undo the damage? Where's the Project 2028 book? Is there anyone credible putting together the Executive Orders to undo the stack of shit, is anyone putting together a short list of District Attorneys to interview on January 21, etc?

https://www.liberalcurrents.com/the-reconstruction-papers/ is explicitly aiming to be a Project 2028 book for the left.

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

#348
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…

Or keep it in a faraday bag and have the phone wipe if it sees it. If you're ever searched (or otherwise indisposed), they'll open the bag and wipe your phone for you.

> If you're ever searched (or otherwise indisposed), they'll open the bag and wipe your phone for you.

Isn't that the same issue here that resulted in felony charges? Border agent was given a duress PIN and wiped the phone for the owner. Now owner is charged.

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

#349
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…

With no third party apps you can set an iPhone to wipe itself after 10 failed passcode attempts.

US law enforcement is well aware of it.

They're also now well aware of the GrapheneOS duress PIN/password feature. It was designed to work against an attacker aware of it by acting as a deterrence. If they're aware of the feature, it discourages them from trying to coerce a PIN/password and attempt to unlock with it. We aren't fond of features depending on an attacker being unaware of them and this isn't one of those.

Pixels have a high quality secure element enforcing a maximum of 20 unique attempts to derive the encryption keys for each separately encrypted profile. There's also very aggressive rate limiting between the attempts. It filters out duplicate attempts by temporarily remembering the previous 5 unique attempts to make the rate limiting more usable. A misremembered PIN/password repeatedly entered over and over will only use up 1 attempt.

Android does have standard support for enabling wiping after N attempts and an open source app can be used to set a configurable limit rather than specifically after 10.

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