The headline is wrong.
Fascist regime fucks over people's constitutional rights and could send a man to prison for protecting his own privacy.
There, fixed.
This is a most excellent place for technology news and articles.
The headline is wrong.
Fascist regime fucks over people's constitutional rights and could send a man to prison for protecting his own privacy.
There, fixed.
This is fucking stupid. If I delete something on my phone while I'm on vacation am I going to prison because the border patrol might have wanted to look at it?
Should have been born a child fucking billionaire if you don’t want to be sentenced to prison for 30 years.
What color are you and how far left are your politics?
It’s bullshit but with the current laws. Back up your phone before you head home wipe it before going through border control, and restore your backup when you get home.
The indictment alleges that Tunick knowingly deleted the phone’s digital contents
My hot take: the officer wiped the phone. With their own hands. They're just stupid.
Hotter take: The phone was empty when he handed it over. There was nothing to delete.
If they succeed I guess in the future an officer could delete your phone to save face then blame it on you.
Yeah, they are masters of parallel construction. ( Aka lying)
Parallel construction is a way to present evidence illegally obtained by coming up with a plausible-seeming other way it was found.
So, rather than saying "we illegally stopped and searched the defendant" they'll get an "informant" (sometimes paid, sometimes coerced) to swear that they tipped them off beforehand.
Without a warrant, it's literally his phone to do with it what he pleases. Baffled that that's not the end of the conversation.
Assuming we lived in a rational world with a fair and impartial justice system, and not one that exists to funnel money from the working class into the Epstein class and kill or imprison everyone that makes that less easy.
Oh, because they are outside US borders they claim not to need a warrant, but that doesn't stop them using US law to prosecute him though.
Write the duress PIN on a piece of paper in your wallet. Someone searching your phone is probably also searching your wallet and may try the PIN.
Genius. Flips the script. In the process of conducting an illegal search, you deleted my phone causing considerable financial and emotional damage. Lawsuit time.
The charge treats the alleged wipe as destruction of property intended to prevent a government seizure.
He is being charged with destroying "evidence" but he was never charged with anything in the first place. That is like saying deleting any files at home is a crime. I'd think forcing you to present evidence necessary to charge you with something would fall under the constitutional right against self-incrimination.
What a shithole
GrapheneOS should update the duress passcode to load a dummy profile like Only Key’s Plausible Deniability Feature.
Idr if this was a feature that made it into a real OS or just a concept that never came to be, but...
I recall reading about a duress pin that instead of deleting stuff, just booted up normally... but to basically a separate user profile. From the non-duress profile you could choose features that would be shared between the two, like texts or call history of specific people, browser history, photo albums, etc.
So "sure officer, it's 5224" would open up a phone profile that looks convincingly used, with nice long trails of cat memes and chatter with your gaming buddies about your favorite franchise enshittifying, and so on.
Punch in your real pin to unlock it though, and it's got full access to everything, including data you want to keep private.
...and, uh, if any of you are designing a mobile OS right now, here's your feature suggestion!
If the duress pin makes obvious it's the duress pin then it's not really doing its job. It should instead open a profile with not much in it while erasing the other profile and files in the background.
What law did he break? Vs the warrantless search that is breaking the law. If only the supreme court didn't give them a pass.
I'm half-expecting for it to turn out that he was being wholly compliant, and he's being accused of destruction of evidence because they were looking for something that never existed to begin with.
Prosecuted for what, exactly? If push comes to shove, it's a fifth amendment issue.
I would wager that this is going to become a test case that is intended to appeal it's way to the SCotUS. The SCotUS has already ruled that many constitutional protections are waived at the border, so it wouldn't be surprising if that is the intended outcome.
Land of the Free™
To be fair, a duress pin is definitely a good thing to have if you're being mugged, but using it to deliberately destroy data when it's been seized by a lawful authority is guaranteed to land you in serious trouble pretty much anywhere. Whether the border agents were, in fact, a lawful authority, and whether they had a lawful reason to seize his phone are very different questions.
The much more sensible approach is to either have a separate phobe for travelling, that has nothing you care about on it, or wipe your phone before you travel, and spend a little time building up an innocuous history on it, without putting anything you care about on it. Anything you absolutely must have access to while you're away can be stored, encrypted, online, and you can remember the details to retrieve it.
I'm not sure any law force agency in the US is lawful anymore.
Third option: Refuse to give your phone credentials unless these fascist pigs have a warrant or provide you with a lawyer.
Then they will just deny you entry into the country
The guy from the article was referred to as "a US man," so I'm assuming he has US citizenship.
The border cannot legally deny US citizens from entering the US. But they can do all sorts of other things, like detain or delay or prosecute people for not complying.
Unless they're going to see real repercussions for doing so, get definitely can do whatever they want. Rules and laws only matter if people care enough to follow them and enforce them. All they have to do is pretend the person didn't comply, and now they've got all the authority in the world to anything they want, regardless of what it says in the law books. Just look at what ICE is doing to US citizens; border patrol knows they can do all of that, too.
He's a US Citizen. Legally they cannot deny him entry into the country.
Central to these protections is the absolute right of a U.S. citizen to return to their country. This right is unequivocal. No matter where an individual has traveled, the duration of their absence, or their personal or legal background, a U.S. citizen cannot be denied entry into the United States. This principle is supported by both statutory and constitutional law. A landmark Supreme Court case, United States v. Wong Kim Ark (1898), established that citizenship includes the right to reenter the nation. Unlike lawful permanent residents or visa holders, U.S. citizens are exempt from admissibility criteria. Consequently, even if a U.S. citizen lacks proper documentation or is subject to further questioning, the government is obligated to permit their entry once their citizenship is verified.
The fifth amendment applies to this because he was a US citizen. He had every right to not give them his pin and it would only be destroying evidence if charges had been pressed. In this case some butt hurt border guard just really wanted to look at his vacation pictures or some shit.