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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

#251

Post by rootusrootus »

TheqO wrote: post #215
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…

As everything on your phone should be backed up, you could just wipe your phone to new. Then log in with another temp account and use that for border pass etc, and then after border checks log back into your normal account?

Just get a boarding pass from the counter old school style. They still print them.

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

#252

Post by joshka »

fedpost wrote: post #201
joshka wrote: post #188

Earlier quoted context omitted.

See https://www.cbp.gov/document/directives/cbp-directive-no-334... > The border search will include an examination of only the information that is resident upon the device and accessible through the device's operating system or through other software, tools, or applications. Officers may not intentionally use the device to access information that is solely stored remotely. To avoid retrieving or accessing informatio…

I'm not sure what you're trying to say

The existence of a key only being somewhere other than your current location during a border search enables you to legally say "I cannot unlock this device" and move on with your day.

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

#253

Post by rootusrootus »

paulpauper wrote: post #200
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…

leave electronics at home. never take electronics to any airport unless you don't care if everything is read. your only option now. or have a good enough decoy or encryption system in place. Such as pressing a button to lock or replace key documents but keep the rest intact. So what looks like a sensitive document omits key information but still appears to be legit to observer.

That's probably a bit overkill. TSA doesn't have nearly as much power as CBP, so it's only a concern when coming back across the international border.

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

#254

Post by ab5tract »

attila-lendvai wrote: post #162
thomasjeff1 wrote: post #117

Why American authorities are always attacking their citizens freedom?

i think it's just that the American population is the last bunch who gives a damn about it, and the pockets of resistance still makes the news... the same happens mostly everywhere else, just without much complaints. e.g. in Hungary the authorities treat it as a felony to possess an equipment that can record video or sound and it's not obvious when looking at it. 2-8 years in prison for mere posession, i.e. even if i…

Since there are zero devices that are released that don’t indicate recording, it doesn’t seem unreasonable to outlaw modification of recording equipment to hide recording.

You know, the same way we would be rightfully outraged if Apple was allowing applications to turn on the web cam without signaling to the user that the camera is engaged.

That’s all aside from the fact that Hungary was run by authoritarian minded people. But just as I think it should be illegal for cameras installed in glasses to work without an indicating light, I don’t see how this recording light situation you are describing is really such a highlight of Orban’s excesses.

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

#256

Post by leptons »

_heimdall wrote: post #228
Zak wrote: post #214

Earlier quoted context omitted.

This is a half-truth. 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. The USA is somewhere in between. One of the laws that's enforced pretty well in the USA is the protection against unreasonable search. Most of the time, a search requires showing a judge evidence that t…

Unreasonable search is always under attack though. There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call." Edit to add that its also more difficult than it should be to protect and exercise the right against unreasonable search. If a cop knocks on your door its a consent-based interaction. You can simply not respond, but if you do happen to…

>There are many instances today of cops forcibly entering a home claiming nothing more than a welfare check, or "we received a call."

And there are also many instances of the city being sued, those cops being sued, losing qualified immunity, losing their jobs, etc, because we do still have recourse when cops do the wrong thing.

If your rights were violated, you stand to get a big payout, and get the cops fired that violated your rights. We aren't powerless, yet.

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

#257

Post by echelon_musk »

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…

> ...making an encrypted image of the phone on said drive... refuse to unlock the drive

How is this any different than refusing to unlock the phone? It just seems you've added unnecessary extra steps.

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

#258

Post by RunSet »

twothreeone wrote: post #152
IncreasePosts wrote: post #142

What I don't understand is if he just didn't give any password, he would have been fine. It's only because he gave him a duress pin that he's in trouble. So, in both cases the government wouldn't have access to the contents of the phone

In the first case they (the US govmnt) could hold him (the citizen) in contempt (in a cell) indefinitely.

18 months is, by precedent, the limit on contempt for refusal to decrypt[0], but this administration is happy to disregard any precedent that does not agree with them.

[0] https://arstechnica.com/tech-policy/2020/02/man-who-refused-...

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

#259

Post by namibj »

panny wrote: post #247
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…

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…

Have you considered "no password set"?

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

#260

Post by [deleted] »

leptons wrote: post #246
btbuildem wrote: post #227

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…

>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…

[deleted]
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