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Felony charges for citizen deleting phone data at US Border

nytimes.com

381–390 of 1001 posts

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

#381

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…

> The naivete of some of the comments here is astounding

This is HN. https://xkcd.com/538/

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

#382

Earlier quoted context omitted.

> 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. I'm pretty optimistic that after the next general America will be ready to give up on the extremity of late turn over a new leaf. I fully expect a new president to be ushered in, whether R or D, and for some level of normalcy to start creeping back. The Sovie…

Interesting you say that, because as another Canadian, I would say that the sentiment in our country is the opposite of you describe. The actions of our government reflect it. Canada is moving further from US, not closer. Canadians who support Americans are in the minority at the moment. I'm not sure how a new US president would be able to turn it around.. further more, what's to say that the president thereafter wil…

The simple answer is we need constitutional reform. Term limits on SCOTUS, codification of norms (eg releasing presidential candidate tax returns, not blocking appointee confirmations indefinitely to steal the position for the next admin), anti corruption laws with teeth. Also things like reigning in the absurd executive power bloat that’s gone on since Lincoln. POTUS was never meant to be a king. There should never be a case where the executive can start a war (conventional, trade or otherwise) without even CONSULTING Congress.

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

#383

Earlier quoted context omitted.

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.

I don't see how. Regardless of how you feel about the lawfulness of the overall situation, Tunick gave an agent false information which resulted in the phone being wiped. That's intent.

This requires no action whatsoever from the phone's owner, you could even be unconscious/dead and it would still work.

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

#385
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 :-)

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 ?

I'd guess the smiley indicates that op meant it as a joke.

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

#386

What about none citizens? Customs kicks you out or throws you into a camp first. E: but seriously, what happens to non citizens. What happens if you bring a burner/wiped phone? I assume digit forensics can confirm it was pre wiped but what's topping them from alleged you wiped on US soil.

That famous phrase from the constitution, "all men are created equal, except the ones not born in America"

The constitution says it is written to "secure the Blessings of Liberty to ourselves and our Posterity", actually.

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

#387

Earlier quoted context omitted.

With all due respect, this is a wild take. Things aren't great in the U.S. right now, but they're not even in the same universe as what the Stasi was doing. > 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.

It's a very insidious, first you look all over your neighborhood flock cameras Hundreds of them came out of nowhere Nobody fought back . it's as long as you're not doing anything wrong you don't have to worry about it Then once changed the definition of what wrong means. If you're not a criminal you don't have to worry about it That's for your safety Then they changed the definition of what a crime is

[deleted]

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

#388
post #356

Earlier quoted context omitted.

The USA started from and has come back from way worse in the past. Some dark, dark things happened in the USA, and almost every progression had a corresponding backslide - but the tick-tock has always ticked further towards a freer, more equal, and more equitable society. Progress doesn’t always (ever?) require complete collapse. I’m willing to hope this era is another ‘tock’. But that does require people to not just…

>but the tick-tock has always ticked further towards a freer, more equal, and more equitable society. This is a popular sentiment, not a statement of historical fact. Arguments both for and against this are credible.

Do you honestly think that our society was more (or as) equal 200 years ago than it is today?

Or even 50 years ago? Even in the 1970s, there were places in the United States that women couldn't get a checking account without a man co-signing on the loan.

We can certainly take issue with how rich countries oppress and exploit poor countries today, but you can't honestly say it is worse today than it was during colonialism.

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

#389

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…

The US has it's mid-term elections this november, and it's possible, and even likely, that the Democratic candidates will win overwhealmingly. The Democrats are not a monolith, either, the Democratic Socialists of America political group is the very progressive part of the Democratic party, they are the ones that are not accepting dark money campaign donations. I do not agree with a lot of the unrealistic things that some DSA candidates have said, but those or the candidates that aren't winning the primaries. There is a giant blue tidal wave coming in November. Trump will become nothing more than a lame duck "president", and he'll likely be impeached in the House and convicted in the Senate and the Justice System will probably be the final arbiter of his fate. That's the way I see it. And I never believed I would be saying what I just said, but the fact is that since trump was elected, the democrats have flipped 31 (at last count) formorly Republican held seats, and the republicans have flipped exactly zero seats from democrat to republican. The American People are not their goverment, especially right now, even though that's not how it was meant to be, but I know one thing, they are fed up and enough is enough.
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