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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

#571

Post by FireBeyond »

8note wrote: post #457
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…

CBP/FBI could have shot or tortured him or his loved ones after he provided the bad key, but didn't his rights still did apply and do apply for now at least

I mean ICE could have arrested him and shipped him off to a foreign country too, even if a federal judge orders them not to, too.

Except, while not in this case, they've done exactly that in hundreds of cases at this point.

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

#572

Post by anon84873628 »

jdofaz wrote: post #484

I wonder if what might save him is he asked for a lawyer before giving the duress PIN, a lawyer might have told him it was a bad idea to do it.

The fact they violated his Miranda rights might get him out of the situation. But he surely should have just kept saying "lawyer" and nothing else.

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

#573

Post by ChoGGi »

jbird99 wrote: post #235
floathub wrote: 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 :-)

A better feature would be a 2nd PIN that unlocks the phone to a secondary profile, which you would leave pretty bare for situations like these.

With some embarrassing porn; something that would make it feel legit and cause a distraction.

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

#574

Post by nik282000 »

zuzululu wrote: post #564

But what did Mr. Tunick had to hide tho im serious what did he have (illegal?) that he chose to delete it?? i dont think it was ideological.... i bring a new device just for traveling and wireguard rdp (iphone mirror) into my home desktop

Ah yes, if he was innocent he would have nothing to hide.

Would you care to post screenshots of your inboxes and browser history for the class?

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

#575

Post by anon84873628 »

joshka wrote: post #98
34679 wrote: post #21

Amendment 4: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Amendment 5: "..nor shall be compelled in any criminal case to be a witn…

I'm just guessing here, but the most problematic word on the 4th amendment to attack from the government's perspective is "unreasonable". It's easy to see how a phone border search could be construed as reasonable, and (without digging into this deeply) I suspect that's where most of the push back on this will be. I suspect the 5th amendment is probably more valuable to the defense here as the password is effectively…

You should check out the LegalEagle video on the case. Covers all these interesting questions:

https://www.youtube.com/watch?v=_2rokxux5cU

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

#577

Post by bluefirebrand »

az226 wrote: post #540
gblargg wrote: post #532

The decoy passcode feature should boot into a separate partition that looks like a normal phone setup, and during that time quietly erase the user's actual data. They would never have known if it worked like this.

Probably, but it will be more valuable for society for him to be tried and found not guilty, setting a legal precedent.

Assuming he is found (edit: not) guilty, which is not guaranteed at all

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

#578

Post by zuzululu »

nik282000 wrote: post #574
zuzululu wrote: post #564

But what did Mr. Tunick had to hide tho im serious what did he have (illegal?) that he chose to delete it?? i dont think it was ideological.... i bring a new device just for traveling and wireguard rdp (iphone mirror) into my home desktop

Ah yes, if he was innocent he would have nothing to hide. Would you care to post screenshots of your inboxes and browser history for the class?

99% of ppl would not hesitate than risk detainment

> Would you care to post screenshots of your inboxes and browser history for the class?

i would be since i dont have anything to hide, do you have anything to hide or find embarassing ? I don't maybe my credit score, a few porn sites and password resets to some dating sites. I don't really care if authorities see it because there's nothing remotely illegal involved.

Mr. Tunick does seem like had illegal activities to hide from the article it seems like he was part of some politically motivated group then to make it worse it seems like he folded under pressure and did reveal what he was hiding. This alone is the worst possible thing you either go all the way 1st amendment bare detention and hardship or jst use a non graphene device with nothing on it.

rn graphene is just asking to be detained just get a second device, you just look more guilty than necessary.

graphene is an excellent piece of software im just not convinced the people who are using it are aware of the heat it brings them.

also i can't help but suspect that anyone entering duress pin to wipe the device are innocent. if it was something embarrassing and nothing illegal theres no need to even install graphene.

i can't help but conclude people who are installing graphene are involved in illegal activities when i see the news

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

#579

Post by wombatpm »

GeekyBear wrote: post #335
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…

> For exactly the border search scenario, I wish smartphones could be imaged and restored as easily as PCs. You're always been able to backup and restore your iPhone to your local Windows PC or a Mac using free first party software from Apple.

Only app data, not the apps themselves. On restore you need an internet connection to redownload the applications.
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