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Felony charges for citizen deleting phone data at US Border

nytimes.com

991–1000 of 1001 posts

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

#992
What if, instead of a Duress password, the password you gave to the agent was very long and they simply typed it wrong, and the phone now asks for a much stricter authentication that require it to be in a specific location and environment (for example, inside the office of an user-designated lawyer) to continue to the unlock? Will that still counts as a felony? The data is still there, stored safely inside a phone, the agent just need to get their asses to the lawyer office.

What if, by some bad luck, that lawyer moved on to other job ventures, sold his office along with the equipment needed to unlock the phone? Will that still counts as a felony? The equipment maybe still in circulation and the data is still on the phone.

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

#993

Earlier quoted context omitted.

Just get a larger drive than the internal one, and "dd" (copy byte by byte) the whole internal drive into a file on that external drive. There could be issues with the TPM chips, having to re-enroll fingerprints or something, but not a problem in the case of a border search, since they can't pull out anything. So you could backup your whole system, install a clean ubuntu without anything special on the system (just i…

Thank you! So on a Luks encrypted xubuntu, o can dd to an external and then my laptop can fall in a lake the next day and I run some simple command to unwind that on a fresh laptop and I’m off to the races? I presume it’s much slower than rsync, since it’s comprehensive each time. Are there any gotchas? This sounds too simple to be true—but again, my knowledge on backup is very unprofessional

You can do exactly that, yes, dd whole disk to external drive, dd it back. Of course this assumes you'll be buying the same laptop, otherwise, you'll have to reconfigure stuff, from graphics drivers, resolution etc., resize the partitions (assuming the new hdd is larger, and you can't use a smaller one).

The problem with dd is, that you can't really run it on a running system, because stuff is constantly being written to the drive (this is same for rsync too, but usualy the damage is smaller), so you have to boot a live linux from usb, dd the whole drive to an external drive, and then after swimming ashore, boot a live linux on the new laptop, and dd the backup to the new drive.

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

#994
post #911
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…

You will never convince those who think the US is a state of lawlessness that the US is (mostly) a lawful, free and prosperous place. They literally cannot comprehend what living in a corrupt and mostly lawless society is like. They've never experienced anything even remotely close to it. It's like someone who grew up in the tropics and complains that they're "freezing to death!" because it's 50F. Someone from the ar…

No you got it wrong. Many of us understand it very well, some of us even come from such places.

The thing is, bar for success is simply higher than what US provides, and its not even that hard, just behave like a decent human being. The thing US provides if you don't have US passport is... not worth commenting on.

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

#995

Earlier quoted context omitted.

Any phone besides GrapheneOS should be assumed to be hackable immediately and automatically with a device they have in their back office.

That suspect's iPhone 5C had a weak numeric passcode, so the only defense was hardware security limiting the number of attempts. Someone reverse-engineered that, wasn't a backdoor. I'm not sure how GrapheneOS differs from regular Android or iPhone on hardware security, but seems like it's basically the same. Need a secure passphrase to be truly safe.

I didn't say it was a backdoor. GrapheneOS is the only OS that consistently shows as unhackable on lists of devices vendors can hack for police. Which could make it a honeypot, but anything could be one.

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

#996

Earlier quoted context omitted.

Generally you can't carve out from a constitution, it is all encompassing. You can reinterpret perhaps but "carve outs" are only by amendment to the constitution. It's a concept called constitutional supremacy. There's generally ranking to laws. Think of a venn diagram with subset circles inside bigger circles. Constitutional Law > Statutory/Legislative Law > Administrative/Regulatory Law > Case Law/Common Law

How do you reconcile what you’re saying with the actual situation? A relevant example is the border search exception: https://en.wikipedia.org/wiki/Border_search_exception

Very simple. Rule of law in the US has been crumbling for some time

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

#997
post #869

Earlier quoted context omitted.

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.

The phone was wiped, no?

No. The encrypted data is still there, just the keys were wiped.

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

#999

Earlier quoted context omitted.

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.

are we seriously approaching a point where its quasi-illegal to not participate in the socials?

Indeed. Fighting against that is to be considered by anybody with enough technical competence to understand the consequences.

In other words, the HN crowd.

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

#1000

Earlier quoted context omitted.

Not how the law works. If I put a bomb in a box. It will explode if a certain pin is put in. And you ask ”can I open the box? What is the pin?” And I say ”here is the pin to open it” and the bomb explodes. Do you think I can claim they blew up themselves ?

It's already a crime to build a bomb, so it's a moot point.

Only if you built it for the purposes of a crime.
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