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GrapheneOS duress PIN could land a man in prison (www.androidauthority.com)
submitted 4 weeks ago by to c/technology@lemmy.world
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[–] 27 points 4 weeks ago (4 children)

The man was in duress and being forced to hand over his PIN while being denied access to legal counsel, that is the very reason for a duress PIN. I don't think the charge is even going to make it to real court, his defense has a great case for it to be thrown out.

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  • [–] 19 points 4 weeks ago (1 child)

    The fact that he's in the news is a VERY good sign. In a real 3rd world shithole he would just disappear because he pissed off an unaccountable field goon.

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  • [–] 4 points 4 weeks ago (1 child)

    Whilst, yes, he probably did feel under duress, he had a choice to make; hand over the phone, or wipe it and face the repercussions from doing so. Bear in mind, that from the agent's point of view, they had the lawful right to search his phone, so arguing duress will be tricky at best. In his position, I'd like to think I was comfortable handing over the phone because I'd wiped it before travelling.

    Having said all that, yes, I agree that his defense has some strong arguments. However, if they decide to make an exame of him, those arguments wont do him much good.

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  • [–] 1 point 4 weeks ago (1 child)

    While I am not entirely disagreeing, I have to a bit for anyone that can't bring themselves to say it (all sides should be heard).

    I may have misread but I don't think he typed the PIN, as far as I understood they had already taken the phone and were insisting he give them the PIN without any access to a lawyer. Not only did he not wipe it, he only gave them the 'I'm in duress' PIN because he felt he was, if I'm on the jury it's innocent until proven guilty beyond a reasonable doubt.

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  • [–] 2 points 3 weeks ago

    I don't think the difference between him physically triggering the wipe and him giving them the code that triggered the wipe would have much effect from a legal point of view. In both cases he deliberately took an action he knew would lead to the destruction of the data. I think his defense's approach of challenging the legality of the stop is probably much safer.

    I suspect that the prosecution would like to set precedent that you can't claim to be under duress when a lawful authority is performing a search, so the defence staying away from that area is probably a good idea.

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