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[–] 57 points 2 days ago

It pretty much makes privacy illegal.

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  • [–] 20 points 1 day ago (1 child)

    There's an easy legal loophole.

    When you seize their phone, tell them your passcode is explicitly not the destruction code, and do not answer any more questions besides insisting this.

    When they inevitability try to put in the only thing you mentioned, its entirely their fault for the erase.

    Your milage may vary depending on financial class.

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  • [–] 13 points 1 day ago (1 child)

    When you seize their phone, tell them your passcode is explicitly not the destruction code, and do not answer any more questions besides insisting this.

    I feel like there might be a couple of things you have the the wrong way around in this sentence.

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  • [–] 59 points 2 days ago* (last edited 2 days ago) (2 children)

    You know, since we are entering into a lot of legal weirdness here, how about this:

    You give the cops TWO passwords. You tell them one is the duress password, and the other is the password that will unlock the phone.

    Desperate and without a warrant, they try one. Wrong try! Phone is wiped.

    In reality, both are duress passwords but they would have to prove that. (GoS only currently supports one duress password)

    Yes, it's ridiculous, but everything about this is ridiculous.

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  • [–] 71 points 2 days ago (5 children)

    Nah, write the duress password on a piece of paper and keep it in your phone case. Then keep your mouth shut. Let the cops find it and try it themselves.

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  • [–] 20 points 2 days ago (1 child)

    Yes! Or even better, make it 1234 or your birthdate and let them guess it on their own.

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  • [–] 27 points 2 days ago (1 child)

    And what about maybe also adding in a friend or relative that's with you so that you can inform the cop that one of you tells only truths and one of you tells only lies. I think we're onto something here. 'Dispatch, I'm gonna need the Riddlemaster to come down here. We got another one.'

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  • [–] 16 points 2 days ago (1 child)
  • [–] 62 points 2 days ago (4 children)

    Advice: if you know you don´t want your phone searched going through customs, don't bring it! Or wipe it before you go through. I'm 100% on this guy's side, but we're not exactly living in a free and open society.

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  • [–] 46 points 2 days ago (1 child)

    This isn't new. Journalists coming into the US in the aughts would be harassed by CBT and DHS, forced to open and unlock their laptops (and then delete whatever the officers found unsavory.

    So they'd come in with their computers fully encrypted and wouldn't have the pass key, themselves, so it was impossible to unlock them. If they were detained unreasonably, that became a new story the next morning.

    Once through customs, correspondents would call their office and get the key.

    But it sucks if you don't have a whole news agency to back your rights.

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  • [–] 8 points 2 days ago (1 child)

    Interesting. Could they hold the device, though, until it's unlocked? I think this might be the Bad Press exception, not a legal right that would work for anyone else. Because if I gave the encryption key to a friend, they would just tell me to call the friend and get it.... and if they refused to give it to me, it would because I instructed them not to...

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  • [–] 11 points 2 days ago (1 child)

    No, they would just refuse you entry to the country.

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  • [–] 14 points 2 days ago (1 child)

    Yes, if you're not a citizen they can do that. If you are a citizen, they can not deny you entry.

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  • [–] 16 points 2 days ago (1 child)

    Seriously. Wipe it, claim it's new to you or whatever, put your stuff back on later if you need to. I'm sure you can find somewhere or someone you trust to get you that data back whenever you actually need it.

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    [–] 65 points 2 days ago (33 children)

    That privacy was already long gone by the time of this case.

    https://www.law.cornell.edu/uscode/text/18/2232

    (a)Destruction or Removal of Property To Prevent Seizure.—
    Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.
    

    If he hadn't used duress and had just refused, he'd have been fine. Graphine is secure and would have had his back

    If he hadn't given them the code and instead left it in his wallet, and they did it themselves, he'd have been fine.

    All he had to do was plead the 5th.

    He's going to get hit with a felony for destroying data to prevent a search. There are tons of precedents in the 11th Circuit for searching without a warrant.

    A duress password is only useful if what you'd be facing is worse than 18 U.S. Code § 2232a, and then only if they don't have enough to convict you already.

    https://www.youtube.com/watch?v=_2rokxux5cU`___`

    Dude is just protesting the construction of a large cop training facility near him. I don't know what the fuck he did to get on the FBI radar, but I wish him good luck; he's gonna need it.

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  • [–] 17 points 2 days ago (2 children)

    I don't think ordinary citizens should be required to know the law in lawyer-like detail when they travel.

    I think in the broad strokes, you're probably right about his legal situation, but it suuuuuucks and it's not what I think of when I hear the word "freedom," for sure.

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  • [–] 9 points 2 days ago (1 child)

    The issue I'm seeing with the whole case is they siezed his phone, they kept his phone, the seizure of his property happened successfully. A person later entered something they believed would open it but instead it wiped it. The end user didn't wipe it, and didn't lie to the agents of the state because a duress PIN is still a PIN, I'm willing to wager they didn't specify that they wanted his 'unlock PIN' and instead just asked him for a PIN (personal identification number), which he gave.

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  • [–] 3 points 1 day ago* (1 child)

    What if you set a durress password to something simple like 12345, plead the 5th, and the cops try to brute force your device? Would it still be your fault or is it the cops fault since they are the ones who entered the password while trying to bypass your phone's security measures?

    Also, what if you explicitly tell them there is a durress password, but refuse to tell them what it is? Surely if they were informed of the risk and proceeded regardless the blame would fall squarely on them for risking a process that might "destroy evidence"

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    [–] 42 points 2 days ago (3 children)

    I think what he did was brave and I think there's a good chance he loses this, and I think the guilty verdict will be really unpopular

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