Citizen enforces his own right to the Fourth Amendment and is prosecuted by the government for not letting them try to find incriminating evidence on him. For something. Maybe. Because he looks suspicious.
I hope that lawyer gets it thrown out. I'm not holding my breath. We've gone so far into fascism I'm not sure it'll take anything less than violence to end it.
Unfortunately, the 4th is pretty well destroyed at the border. And within 100 miles of the border.
That's precisely what a duress password is for. Feature working as intended, get a warrant.
FYI if you are using GrapheneOS and duress password, you can natively backup your phone. Its in settings.
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.
No one tell them about international airports...
They have a point though. Technically from what I've read just living near an airport would give ICE the authority to search your phone and anything else you might be carrying if it's within a certain mile radius. Even if you aren't using the port of entry (airport for instance). Regardless of whether or not they have any other form of probable cause.
I don't understand how others don't understand that. Because it's a hell of a conclusion to come to.
Oh 100%. I was just being a lighthearted goober about it. Lol.
So? My data, my choice and right to delete it, so fuck off!
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.
do you know how much does any pixel from last year cost?
Bought a new 8a for 300,- a year or so ago. Way Cheaper than a flagship Samsung or iPhone, runs really smooth on Graphene.
I paid $300 for a mint condition 9a about a month ago on Swappa. Obviously the price is lower for other conditions.
I know what the 10a costs, bought one a few weeks ago. Worth every penny.
I sold a 6a for like $50 recently. Here on lemmy, oddly enough. Those are still good.
wow! What community do you sell at?
200€ used market if not even less. Look on grapheneOS website for compatible devices.
I soooo want that feature, but less and less phones will even let you unlock your bootloader. Graphene OS doesn't get to support many phones.
they’re gonna use this case as pretext to ban graphene os
this is literally what they accuse china of
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.
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.
Even on iOS, you can disable biometrics by entering the power/SOS menu. Just hold the lock button and volume down for like two seconds, and biometrics are now disabled until the passcode is entered.
Worth noting that this doesn’t actually re-encrypt the device. The device boots in an encrypted state, and entering the passcode allows the phone to unencrypt itself to function. But disabling the biometrics doesn’t re-encrypt the device. You would need to reboot to accomplish that. But if you’re able to access the power menu, you’re probably able to hit the “Power Off” option too.
I only make the distinction because cops have started imaging devices after confiscating them. If they manage to image your device while it’s unencrypted, they can take their time with whatever new exploit/bypass is discovered in the future. But if the device is encrypted when they image it, they’d only get an encrypted data blob and would need to actually break the encryption instead of being able to use a passcode bypass method.
iOS actually has a hidden “reboot if inactive after a little while” feature, specifically to re-encrypt an idle device. Most users only encounter it when they wake up in the morning and have to enter their passcode. But the point is that cops usually process devices in batches, so it usually takes them at least a few hours to get to your device. So if the device has been idle for a while, it will quietly reboot to encrypt itself. This also helps protect against future passcode bypasses that may be discovered, because an attacker would only get the encrypted data blob if they bypass the code on an encrypted device.
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.
Sheep will always be sheep.
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.
To step it up even further, if using a duress pin, stick it on a note inside your phone case. Don't say a goddamn word aside from asking for a lawyer, and when they inevitably find the written code and try it out, that's entirely on them.
Just say "it's not my birthday, so don't try my birthday"
that doesn't work if they clone it
"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
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.
for research purposes, how would one go about setting this up?
GrapheneOS also has options to turn off USB port so that authorities plugging in devices to try to bypass phone lock can't be exploited. And user needs to supply password to change the USB options.
I can't seem to find it in my set up. There is no option for duress pin under device unlock selection
Are you using grapheneOS?
Yep e/OS 3.7.1
E: well I'm a fucking idiot
Lmao, the edited comment
E/os isn’t graphene and doesn’t have a duress pin feature.
Eos is not GrapheneOS
I think he was using graphene os
sorry accidentally did a duress oopsie uwu bite me
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