US accuses American of allegedly wiping his phone using a 'duress' password during border search | TechCrunch
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Pick a lane. Either it counts as US soil so you need a warrant or it doesn't so theres no reason for US law to apply until the person is approved.
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So? My data, my choice and right to delete it, so fuck off!
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That's precisely what a duress password is for. Feature working as intended, get a warrant.
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https://en.wikipedia.org/wiki/Tampering_with_evidence
Tunick’s attorneys accused the government of demanding access to his phone under the pretext of searching for child exploitation imagery, but without providing evidence to justify its suspicion.
Even if I had more information, I still wouldn’t have the law chops to predict where this may lead.
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for research purposes, how would one go about setting this up?
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for research purposes, how would one go about setting this up?
I think he was using graphene os
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Sounds like the cops entered the passcode... Therefore the cops erased the evidence.
who knows what would've happened if they bothered to get a warrant first.
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"Sorry, my fat American fingers accidentally entered the wrong code, you understand."
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https://en.wikipedia.org/wiki/Tampering_with_evidence
Tunick’s attorneys accused the government of demanding access to his phone under the pretext of searching for child exploitation imagery, but without providing evidence to justify its suspicion.
Even if I had more information, I still wouldn’t have the law chops to predict where this may lead.
I don't have those chops either. Also NAL. The wiki page says Tampering charges require there to be an ongoing investigation, which wasn't the case here, so I'm thinking it wouldn't apply. But! I wonder about spoliation. Spoliation before a case is brought, while not illegal per se, can result in negative inference,
spoliation inference is a negative evidentiary inference that a trier of fact can draw from a party's destruction of evidence that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding
Negative inference, to my NAL understanding, means the tampered evidence may be taken in the worst light for the defense. Here, it's all resting on flimsy and politically motivated pretext with no evidence. Still.
Needs an immigration lawyer to give an answer to this, but I'm thinking it may be legally safer to have strong encryption and refuse to unlock, rather than to wipe. Not unlocking isn't tampering, so no spoliation, but wiping might be. Well, safest of all is to use a burner. But next best, strong encryption + don't unlock. CBP can confescate the device, but they cannot compel you to produce a pw or unlock code.
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sorry accidentally did a duress oopsie uwu bite me
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this is literally what they accuse china of
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"Sorry, my fat American fingers accidentally entered the wrong code, you understand."
The authorities conducting the illegal search entered the code, so the phone owner could assert that he gave them the right password and they were the ones that screwed it up. It's a bit late for that argument, but someone could use that in the future and there'd be no way to prove it wrong.
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"Sorry, my fat American fingers accidentally entered the wrong code, you understand."
From what I read, upon demand he gave the code to the Investigator, whomst had to watch the phone start to load and then erase it self. What a joy it must have been to watch them gifauh at that
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I don't have those chops either. Also NAL. The wiki page says Tampering charges require there to be an ongoing investigation, which wasn't the case here, so I'm thinking it wouldn't apply. But! I wonder about spoliation. Spoliation before a case is brought, while not illegal per se, can result in negative inference,
spoliation inference is a negative evidentiary inference that a trier of fact can draw from a party's destruction of evidence that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding
Negative inference, to my NAL understanding, means the tampered evidence may be taken in the worst light for the defense. Here, it's all resting on flimsy and politically motivated pretext with no evidence. Still.
Needs an immigration lawyer to give an answer to this, but I'm thinking it may be legally safer to have strong encryption and refuse to unlock, rather than to wipe. Not unlocking isn't tampering, so no spoliation, but wiping might be. Well, safest of all is to use a burner. But next best, strong encryption + don't unlock. CBP can confescate the device, but they cannot compel you to produce a pw or unlock code.
From what I've gathered, I think you're right to assume it's legally safer to refuse to unlock rather than wipe. Also, worth noting that you can be compelled to unlock with biometrics, but not a password. On grapheneOS this means simply shutting off/restarting your device as it requires a pw after a fresh boot, even if biometrics is enable.
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Pick a lane. Either it counts as US soil so you need a warrant or it doesn't so theres no reason for US law to apply until the person is approved.
<whisper>No one tell them about international airports...</whisper>
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A reason to try grapheneos if you are technically inclined.
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A reason to try grapheneos if you are technically inclined.
It's easy enough for anyone willing try. Grab any Pixel from the last few years, plug it in to a computer, and click buttons in your web browser on the GOS website and watch GOS get installed on your phone. The instructions hold your hand the whole way through.
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It's easy enough for anyone willing try. Grab any Pixel from the last few years, plug it in to a computer, and click buttons in your web browser on the GOS website and watch GOS get installed on your phone. The instructions hold your hand the whole way through.
do you know how much does any pixel from last year cost?
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From what I've gathered, I think you're right to assume it's legally safer to refuse to unlock rather than wipe. Also, worth noting that you can be compelled to unlock with biometrics, but not a password. On grapheneOS this means simply shutting off/restarting your device as it requires a pw after a fresh boot, even if biometrics is enable.
you can be compelled to unlock with biometrics, but not a password
Yah, I've been trying to get my friends to use a pw rather than biometric unlock, for that exact reason.
I'm batting like 0 for 5, lol. Biometrics are just too convenient I guess. Plus they don't think it will impact them personally. Which is prob true. I still think it's best to use the way that preserves more civil rights. I just can't convince them.
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