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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 by encom »

raluk wrote: post #726

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…

>arbitrary

Border searches aren't arbitrary. Sure, in the sense you may or may not get searched, but not in the sense that cops come and turn over your house for no reason. Crossing the border, you know some fraction of travellers will get searched, and that the government does so lawfully. Antagonising law enforcement in this situation is not a smart move, no matter how righteous you feel it is, unless you're doing it as some form of protest.

With that said, I do think searching phones is absolute bullshit, and I'm not arguing in favour of it at all.

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

#822

Post by rrr_oh_man »

thefunnyman wrote: post #648
sfdlkj3jk342a wrote: post #610

Earlier quoted context omitted.

> GrapheneOS has built-in encrypted backup and restore. The backup tool on GrapheneOS doesn't work for a large percentage of app data. And it often silently fails to backup some data, so you don't even know where the gaps are. There have been promises of a better solution for years, but I haven't seen any movement yet.

This has gotten much better fairly recently ime. My backups to WebDAV work most of the time and when it fails I get notifications. But it was quite bad for a long time so I sympathize with your point

> My backups to WebDAV work most of the time

"My patients survive most of the time and when they don't I get notifications"

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

#823

Post by wat10000 »

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…

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

#825

Post by mrcwinn »

raluk wrote: post #726

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

#826

Post by mrcwinn »

spl757 wrote: post #779
usern20260720 wrote: post #728

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

#827

Post by gottorf »

beremaki wrote: post #816
Taek wrote: post #811

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

#829

Post by gottorf »

basisword wrote: post #812
Taek wrote: post #811

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

#830

Post by gottorf »

embedding-shape wrote: post #784
shuwix wrote: post #782

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.

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