Obstruction to what? Also thought this would be covered by the fourth and fifth amendment.
Felony charges for citizen deleting phone data at US Border
261–270 of 1001 posts
Re: Felony charges for citizen deleting phone data at US Border
#262For 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…
Tyranny does not care about "proof".
It doesn't even care about plausible deniability.
Best you can get away with is lack of suspicion. Have a secondary phone with some standard apps on that you use now and then so theyhave a history and just look like you are just not a technical person and read novels on dead trees instead. A lot of work but likely works.
Re: Felony charges for citizen deleting phone data at US Border
#263The 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…
Tens of millions have voted for this 3 times in the past 10 years, it succeeded twice. This is not going away, half the voting population of the US wants to live under authoritarian rule and will do anything to take the whole country with them.
Re: Felony charges for citizen deleting phone data at US Border
#264I don't get the legal contradiction. The search is supposed to be lawful without a warrant because you're not really in the US yet per-se, hence if you're not there, how deleting the data can be a felony?
right, there's a contradiction here: - if you're deemed to be on US soil, constitutional protections (4A) apply; can't be destroying "evidence" unless you're accused of a crime or found to have committed a crime - if you're deemed _not_ yet on US soil, then how can you be charged with a crime under _US_ law?
4A still doesn't permit you to destroy the evidence. Resist on 4A grounds, destroy the evidence, 4A reasons get overturned - you've got yourself a conviction. US v. Akram Musleh.
Re: Felony charges for citizen deleting phone data at US Border
#265One more reason to not go to the US
Re: Felony charges for citizen deleting phone data at US Border
#266Earlier quoted context omitted.
If you don't give a pin, they can seize your devices (Andrew Tate on his 1st visit to Florida said that he refused to give pin and they seized phone and laptop)
They can't keep them, you'll get the devices back. Use a temp phone in the mean time. Sad that we have to accept this as a risk of international travel, but here we are.
They can absolutely keep them. Or they can just "lose" them "accidentally". Who exactly would force them to give them back? Or put another way, who exactly will punish them if they break the law?
Re: Felony charges for citizen deleting phone data at US Border
#267I 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.
Re: Felony charges for citizen deleting phone data at US Border
#268The 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…
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.
Re: Felony charges for citizen deleting phone data at US Border
#269All Archive pages, when accessed from Italy, now are blocked by the Government: "PAGINA INTERDETTA DAL CENTRO NAZIONALE PER IL CONTRASTO DELLA PEDOPORNOGRAFIA ONLINE (C.N.C.P.O.)" “PAGE BLOCKED BY THE NATIONAL CENTER FOR COMBATING ONLINE CHILD PORNOGRAPHY (C.N.C.P.O.)” Oh, we live in an interesting age.
I am currently in Italy (just passing through) and was able to open the archive link with the article
Then you probably had a home country IP and they filter based on IP.
Re: Felony charges for citizen deleting phone data at US Border
#270The 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…
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.
its only with the benefit of hindsight (and being on the winning side- thus the propaganda was never dispelled) that we consider the stasi and so on the way we do.
If it walks like a duck, and quacks like a duck.. might just be a duck.
I don’t believe those living “normal lives” in East Germany or the Soviet era considered the police to be evil and invasive the way we do today.