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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

#821
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…

They could be indistinguishable in theory, but looking up some videos of the process, it appears that GrapheneOS doesn't try to make the duress pin process look like your phone was just blank the whole time. It says "wrong pin" and then the whole thing resets.

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

#823
post #724

From Universal Declaration of Human Rights (UDHR) accepted by the United Nations General Assembly on 10 December 1948 -------- Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. https://www.un.org/en/about-us/universal-de…

Was this arbitrary?

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

#824
post #777

Earlier quoted context omitted.

The US is not a country governed by the rule of the law

The US is currently governed by a dictator propped up by an oligarchy that can only do that because of the Citizens United supreme court decision. Until Citizens United is mitigated, and that appears to be starting to happen as states make laws that state you can't be on the ballot in their state if you take large, anonymous campaign donations from people who will want, and get, a return on their investment. Hawaii i…

An elected dictator with a nearing term limit. America continues to innovate!

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

#825
post #809

Earlier quoted context omitted.

I get that the political system could be better, but having been to places that actually are not governed by the rule of law, I can assure you that the US is doing quite well on that front. When there is actually no rule of law, consequences include: + entire regions / areas where merely visiting those areas invites a highly non-trivial (think, more than 10% chance) chance of being kidnapped or murdered + every neigh…

Rule of law is when the state's power is effectively limited by law. Rule of law is not about order nor safety

Rule of law is when laws as written by legislators are executed by the government as written and, when appropriate, judged by the judiciary as written, and at each step the words as written supersede the whims and feelings of the people involved. It doesn't imply that the state can't do anything meaningful because it's so hamstrung.

Statements like "the US does not have the rule of law" are laughable Reddit-tier comments that just make me sad for the current state of HN.

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

#827
post #809

Earlier quoted context omitted.

I get that the political system could be better, but having been to places that actually are not governed by the rule of law, I can assure you that the US is doing quite well on that front. When there is actually no rule of law, consequences include: + entire regions / areas where merely visiting those areas invites a highly non-trivial (think, more than 10% chance) chance of being kidnapped or murdered + every neigh…

When you can't trust your highest court is impartial the whole system is untrustworthy. Unfortunately the US system is designed in such a way that the highest court can't be trusted (life terms, appointed by the sitting president).

> the highest court can't be trusted (life terms, appointed by the sitting president)

Do you really think that judges that have to run for reelection every few years can be more trusted to rule on cases fairly, according to the law, rather than bending to popular whims?

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

#828
post #780

Earlier quoted context omitted.

It's governed by the wicked version of Anglo-Saxxon law. In some cases it works much better than "criminal's have rights, victims doesn't" Continental law system in Europe. In other cases, it's insanity. In normal World, criminals have rights for any kind of defense. And that's good, because government have power to make anyone "criminal". Total breach of privacy by US government is a mirror to shitload of problems U…

I think even by the second word you're outside bicycling, US isn't governed by anything at this point, except some rich people. > In some cases it works much better than "criminal's have rights, victims doesn't" Continental law system in Europe. What on earth are you talking about, "victims" definitively have rights in most European countries, but the fact you seemingly think there is one "Continental law system in E…

> US isn't governed by anything at this point, except some rich people

> Sometimes, it's better just to say nothing :)

Right.

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

#829
post #780

Earlier quoted context omitted.

The US is not a country governed by the rule of the law

It's governed by the wicked version of Anglo-Saxxon law. In some cases it works much better than "criminal's have rights, victims doesn't" Continental law system in Europe. In other cases, it's insanity. In normal World, criminals have rights for any kind of defense. And that's good, because government have power to make anyone "criminal". Total breach of privacy by US government is a mirror to shitload of problems U…

> criminal's have rights, victims doesn't

Wait, you want to eliminate innocent until proven guilty?

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

#830
post #811

Earlier quoted context omitted.

Except that the UDHR is not the rule of law. It is a mere declaration, as specified at the top of the page, that "is widely recognized as having inspired [...] the adoption of more than seventy human rights treaties" That does not make it an enforceable law. Moreover, treaties are agreements between countries, not laws, which a country can violate at will. People might create supranational organizations like the UN o…

Not necessarily the same in every nation, but any treaty ratified by Congress in the United States has the same status as any law passed by Congress. It is subject to judicial review, but has equal standing. So the US cannot "violate [it] at will".

Sure it can, just like it can violate laws passed by Congress.
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