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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.

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  • [–] 192 points 4 weeks ago (3 children)
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    [–] 180 points 4 weeks ago (37 children)

    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?

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    [–] 111 points 4 weeks ago* (5 children)

    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.

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  • [–] [S] 21 points 4 weeks ago (1 child)

    Yeah, they are masters of parallel construction. ( Aka lying)

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    [–] 107 points 4 weeks ago (22 children)

    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.

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

    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.

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  • [–] 73 points 3 weeks ago* (2 children)

    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.

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    [–] 64 points 4 weeks ago

    What a shithole

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  • [–] 62 points 4 weeks ago* (10 children)

    GrapheneOS should update the duress passcode to load a dummy profile like Only Key’s Plausible Deniability Feature.

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    [–] 51 points 3 weeks ago (1 child)

    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!

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  • [–] 41 points 3 weeks ago (3 children)

    Guys don't travel to fascist countries.

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    [–] 29 points 4 weeks ago (8 children)

    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.

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    [–] 29 points 4 weeks ago (6 children)

    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.

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    [–] 27 points 3 weeks ago

    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.

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  • [–] 26 points 3 weeks ago (3 children)

    Prosecuted for what, exactly? If push comes to shove, it's a fifth amendment issue.

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  • [–] 18 points 3 weeks ago* (last edited 3 weeks ago)

    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™

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    [–] 18 points 4 weeks ago (32 children)

    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.

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  • [–] 35 points 4 weeks ago (13 children)

    Third option: Refuse to give your phone credentials unless these fascist pigs have a warrant or provide you with a lawyer.

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  • [–] 22 points 4 weeks ago (2 children)

    Then they will just deny you entry into the country

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

    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.

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  • [–] 26 points 4 weeks ago

    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.

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

    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.

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