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Felony charges for citizen deleting phone data at US Border

nytimes.com

861–870 of 1001 posts

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

#861
post #716

Earlier quoted context omitted.

I am a lawyer (this is not legal advice) and agree with the main thrust of this comment. The law is not “hackable.” Ultimately people are making decisions about guilt and punishment. And judges really, really don’t take kindly to defendants who think they’re trying to outsmart the court.

> The law is not “hackable.” It absolutely is. The rich and powerful do it all the time.

Probably not in the same sense of "one weird trick" though.

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

#862

Earlier quoted context omitted.

Giving up knowledge (password) is something that is typically scrutinized at the border as well. Had he just handed over the phone and the phone had abilities to self destruct if tampered with (e.g too many incorrect pin entries) -- well the gov's case wouldn't been much harder. If they seized property and accidently destroyed the data, then that's on them.

You are correct, you have to give up the phone but can't be compelled to give up the password, and you'd get it back some indeterminate amount of time later. It's actually been on the books for a while (decades at least) that customs can search you at the border without a warrant even if you are a citizen. This case seems to have become a big 'Trump bad' poster child (people are calling the US East Germany in these c…

This is precisely why you should use a pin and not biometrics. You CAN be forced to use biometrics (“something you have”), but NOT a password (“something you know”)

Now you know you know, so use a pin

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

#863
post #819
post #724

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…

Border searches aren't arbitrary when done for the purposes of border security and applied to travelers in a non-arbitrary way. It's pretty clear that CBP agents have a wide discretion to search people at their own whims i.e. arbitrarily.

>that the government does so lawfully

There are many legal question in this case, it's not clear the government acted lawfully. If he'd have arrived in a different federal court district, the search was unlawful because precedent says they need reasonable suspicion.

Not to mention this was a pretext to gather warrantless evidence for the FBI for a domestic investigation and nothing to do with securing the border.

>Antagonising law enforcement in this situation is not a smart move

Not what he did.

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

#864
post #691

All 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.

It’s DNS-based blocking. Don’t use your ISP’s DNS. Use 1.1.1.1 or something else and tell Mrs. Meloni to go suck eggs.

1.1.1.1 has been ordered to comply and is being fined until they do; use your own local resolver (it's not that hard).

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

#865
post #327

Earlier quoted context omitted.

I am currently in Italy (just passing through) and was able to open the archive link with the article

If you're using roaming on your cellular plan, all your traffic is routed over VPN to your home country, so local blocks don't work. (That's one of the reasons why it's trivially easy for foreign visitors to China to bypass the Great Firewall.) If you were on wifi, that's notably interesting.

I'm not sure that roaming still works that way. It used to. I think you get configuration from your home network but everyone involved tries to get your traffic onto the internet at the closest opportunity.

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

#866
post #213

I 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…

Critically, don't brag about doing so. Don't tell the cops you wiped your phone. If asked, it's just a blank phone you brought (maybe you have a plausible excuse like gifting it).

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

#867

I read a pretty compelling argument by a lawyer that we're looking at this the wrong way. (I Am Not A Lawyer) Their point was that if the law is knocking on your door to legally search your house, and you have records of your criminal empire printed out in boxes in your attic, or just non-illegal things you don't want people to see, and you burn those papers while the law waits out front, you're guilty of destroying…

Evidence has not been destroyed. And if we are using that analogy the key to the locked box has been thrown away. No evidence was destroyed.

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

#868
post #217
post #186

Earlier quoted context omitted.

I think it's enough to shut down you phone. Then it needs a pin, and you're entitled to not give that over, I believe. So you should be safe, apart from some kind of rubber-hose cryptanalysis.

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)

With Graphene that's to be considered reasonably safe if your PIN is unguessable. The wrong PIN delay is enforced by TPM and they don't (yet) have anything other than brute force.

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

#869
post #329
post #186

Earlier quoted context omitted.

I think it's enough to shut down you phone. Then it needs a pin, and you're entitled to not give that over, I believe. So you should be safe, apart from some kind of rubber-hose cryptanalysis.

> Then it needs a pin A compromise to this is that many phones have a "lockdown" mode, where it isn't fully off but refuses to accept biometrics until a code/pattern is used to bring it to a more day-to-day mode. It's less-secure than being fully off, but it also means if you do need to access your phone you can do so more-quickly.

Just reboot it. The disk is encrypted until you unlock it.

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

#870

I read a pretty compelling argument by a lawyer that we're looking at this the wrong way. (I Am Not A Lawyer) Their point was that if the law is knocking on your door to legally search your house, and you have records of your criminal empire printed out in boxes in your attic, or just non-illegal things you don't want people to see, and you burn those papers while the law waits out front, you're guilty of destroying…

But the issue here is the original charges were literally made up. There was no evidence whatsoever of him having anything related to CSAM on his device. At this point any cop can ask anyone to hand over their phone to search for CSAM.
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