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…
Felony charges for citizen deleting phone data at US Border
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Re: Felony charges for citizen deleting phone data at US Border
#892Why American authorities are always attacking their citizens freedom?
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Re: Felony charges for citizen deleting phone data at US Border
#893So we're presumed guilty until proven otherwise (the presumption is, any data we delete must be illegal; couldn't possibly be nude selfies that the government has no right to see)
Re: Felony charges for citizen deleting phone data at US Border
#894What 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
And I'm not fixing the typo.
Re: Felony charges for citizen deleting phone data at US Border
#895What 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
They might have a way to gain access anyway. That was that case where the FBI got the locked iPhone 5C of a San Bernardino shooter suspect. Apple refused to unlock it, so the FBI paid a hacking firm to do it. If there's no known vuln to get into a phone today, I wonder if they'd hold onto it in hopes that one shows up later.
Re: Felony charges for citizen deleting phone data at US Border
#896Earlier quoted context omitted.
Knowingly providing a PIN that would erase evidence is going to get tough in court. But the man was also hated by the cops because of his activism. They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up.
How can they prove that? What if it was a glitch?
Re: Felony charges for citizen deleting phone data at US Border
#897I 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…
To the legal search example, suppose the police frequently stop by your house to discuss neighborhood gremlins. If they happened to accidentally see the boxes of evidence you'd be in trouble. You're allowed to destroy them though, and you might have a habit of destroying evidence for each of these gremlin chats. Doing so is legal.
Later, the police show up with a warrant (your example). If you think you're doing your normal gremlin evidence destroying and not blocking that warrant, destroying that evidence is still legal even with the police waiting on your porch to legally, forcibly search your house. The _intent_ behind your actions, at least in this case, is a core component of the crime.
Mind you, nobody will believe you, so you'll still have a hard time in court proving it (this is mildly in your favour because it's actually the prosecution's duty to prove your intent rather than your duty to prove lack of intent, but they're not exactly going to have a hard time convincing a jury that when you destroyed a bunch of evidence with police on your porch with a warrant it was because of that warrant), but it's still legal.
Re: Felony charges for citizen deleting phone data at US Border
#898U.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…
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.
Re: Felony charges for citizen deleting phone data at US Border
#899I always enter US with all of my devices wiped and restore them from backup once I'm past immigration, simply because I don't trust government to maintain the security level my job requires. Now I'm worried that this will be held against me..
What does the security officer at your company say?
Either you shouldn't be leaving with devices with the data from your job on them, or you don't trust them, but your job is fine with it.
I keep work things separate. If it's a personal trip, I don't travel with work devices. If it's a work trip, and there's worry, I usually take a loaner device usually with ms office and a vpn.
Usually the issue is not returning, but other governments.
Re: Felony charges for citizen deleting phone data at US Border
#900I always enter US with all of my devices wiped and restore them from backup once I'm past immigration, simply because I don't trust government to maintain the security level my job requires. Now I'm worried that this will be held against me..
This is absolutely a possibility and having a clean phone might be grounds for being denied entry. The border agent has a lot of control over your life at that point and virtually zero accountability.
> After questioning, he eventually turned it over but gave officers a passcode that then erased the contents of his Google Pixel phone.
I don't see the problem being a clean device, but destroying evidence in the moment.