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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

#971

Post by unethical_ban »

unethical_ban wrote: post #599
Zak wrote: 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…

I agree. Here's my method. I have my passwords on proton pass with 2fa. I back my pics to private cloud storage. I keep 2fa backup codes in my wallet. Wiping the phone on a whim is a minor inconvenience. Full image restoration would be neat.

edit to say: Apparently GrapheneOS has an image backup feature, which I will investigate shortly. So perhaps what you're asking for exists!

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

#972

Post by raincole »

whycome wrote: post #600
victorbjorklund wrote: post #234

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 ?

Let’s try for a less hyperbolic analogy

It's a pretty good analogy. Of course the phone isn't a bomb, but the parent comment's point holds: whose hands inputted the pin is just a technical trivia.

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

#973

Post by NoImmatureAdHom »

trollbridge wrote: post #163

U.S. citizens are going to need obtain a burner phone before returning, and load it with the absolute minimum to load boarding passes, etc., perhaps some reading material or a movie to watch on the plane, and be prepared to share full credentials for thing at the border. (I used to do some travel patterns where taking a certain client laptop wasn’t an option. It was an absolute gigantic pain for the type of work I di…

While Americans deserve better (and more clearly articulated) protections, this is a retarded take. The U.S. does an EXCELLENT job protecting the rights of citizens and non-citizens, even at the border, relative to other countries in the world.

The British (until recently a civilized people) will throw you in jail for refusing to unlock. Or for a tweet the powers that be don't like. Not to mention China, India, Russia...

A very strong immune response, like the one we see in this topic, is exactly what the Americans need to preserve their robust understanding of and de facto access to their rights. But let's not pretend they're doing a bad job. They're doing a great job, and they could be doing better.

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

#974

Post by iririririr »

Jolter wrote: post #696
iririririr wrote: post #691

Earlier quoted context omitted.

What about the opposite? remove the tech from the hypotetical. Say you carry a valise with a lock. They ask for the key, you truthfully answer that you do not have with you. They burn the valise and lose all the contents. So, are you in jail? or can you sue them for destroying your stuff?

What the point of this hypothetical? In real life they would break the lock on your valise and return it to you bound together with tape.

and how if this similar to how a duress password work? say breaking the lock burn the contents somehow, to prevent documents falling into thief's hands for the sake of the comparison.

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

#975

Post by iririririr »

otterley wrote: post #702
iririririr wrote: post #691

Earlier quoted context omitted.

What about the opposite? remove the tech from the hypotetical. Say you carry a valise with a lock. They ask for the key, you truthfully answer that you do not have with you. They burn the valise and lose all the contents. So, are you in jail? or can you sue them for destroying your stuff?

You didn’t tamper with the potential evidence; they did.

right. that's my point. why if they try to guess your password and end up wiping data, then magically you're guilty?

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

#976

Post by kderbyma »

At some point....the government is just the mafia with PR....and more cronies to protect them....witting or unwitting....

Law....is just license and permit....not security or safety or anything related to quality, or outcome....

It is purely process....and those who wield it can choose to apply it or withhold it....when the law is applied...then the imaginary world it defines is then enforced on the real world...materially this requires force or volition.... but lbr....its mostly convoluted propaganda and inertial power....and the law keeps that status quo...

If you are in anyway going to disrupt the power brokers....they will not let you....regardless of law or not

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

#977

Post by guax »

rovr138 wrote: post #900
guax wrote: post #817

Earlier quoted context omitted.

This is absolutely a possibility and having a clean phone might be grounds for being denied entry. The border agent has a lot of control over your life at that point and virtually zero accountability.

It's not the same issue. From the article, > After questioning, he eventually turned it over but gave officers a passcode that then erased the contents of his Google Pixel phone. I don't see the problem being a clean device, but destroying evidence in the moment.

I replied specifically to the comment mentioning that arriving with pre-wiped devices could be used against them.

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

#978

Post by ImJamal »

rdiddly wrote: post #933
ImJamal wrote: post #931

Earlier quoted context omitted.

What country does not have a law against destruction of evidence? It seems like arresting a person for a law that most countries have is following the rule of law.

Evidence of what? Had a crime been charged when the search was undertaken? You can't just declare things evidence in order to get unfettered access to them.

That is not how any of this works. Destruction of evidence is a crime regardless if you have been charged with a crime. This is the case under both federal and Georgia law.

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

#979

Post by ImHereToVote »

bergerjac wrote: post #939
ImHereToVote wrote: post #929

Earlier quoted context omitted.

Why?

Because they haven’t entered the country yet, therefore it’s a different type of jurisdiction with different rules & regulations.

How many miles from the border is this the case?

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

#980

Post by spl757 »

inigyou wrote: post #833
spl757 wrote: post #779

Earlier quoted context omitted.

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…

Citizens United is a scapegoat here. The people genuinely want what they voted for.

No citizen voted for Citizens United. So it's inaccurate to say that we did.

Citizens United was a decision by an unelected group of federal judges we call the Supreme Court when a case was brought before them to determine if chump could have Navy Seal Team 6 assinate a political opponent. They ruled, that yeah, he can. Supreme court justices are appointed for life and have no oversight or ethical restrictions.

They are bound by duty to be impartial. They are not.

The Supreme court is not supposed to MAKE law, that's the job of Congress, they are supposed to interpret the law. The Citizens United supreme court decision made new law, but it was made by people that were not elected by the citizens of this country. They are not acting in good faith, and are clearly in it to help chump.

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