U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk

Comments

• furrowsofar@beehaw.org ⁨1⁩ ⁨week⁩ ago

  This is not mysterious. You do not have to unlock your phone if it uses a password, but you cannot delete your data. This has always been a well known rule.

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  • irotsoma@piefed.blahaj.zone ⁨1⁩ ⁨week⁩ ago

    The current administration has stated that even for US Citizens, border entry suspends all constitutional rights. They’ve also said they believe this applies to allow warrantless searches within 100 miles of a border, which includes most major US cities, thus allowing ICE to search and kidnap basically anyone, not just immigrants. And they have stated that searching an electronic device is not a “search” as mentioned in the 4th Amendment and so you can’t refuse to unlock the device or “destroy evidence”. And that once you give them that access, that you have also “freely given” them access to your private social media, bank, etc., records and so those no longer require a warrant to access. And it’s “gun to the head” tactics because they also believe they can detain you indefinitely in the 100 mile zone without a lawyer or any other usual rights, because you aren’t being arrested, just an extended interview or whatever they call it. All in the name of terrorism prevention, of course.

    Since they have corrupted the Supreme Court, this has been mostly upheld in various court cases so far. But any legal scholar will tell you it’s nonsense. But that doesn’t matter to authoritarians. They don’t work within the law.

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    • Onomatopoeia@lemmy.cafe ⁨1⁩ ⁨week⁩ ago

      This started long before the current admin.

      This was in place under Obama, and I’m pretty sure it started with 9/11.

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  • WesternInfidels@feddit.online ⁨1⁩ ⁨week⁩ ago

    This has always been a well known rule.

    Smartphones and the rules surrounding them at border searches are still pretty new, and they’re likely enough to change. I think you’re hugely overestimating the well-known-ness of these customs.

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  • balsoft@lemmy.ml ⁨1⁩ ⁨week⁩ ago

    Yeah and it’s even more stupid for him to be giving out interviews right now defending his actions. If I was him I would shut up in public and tell prosecutors that I was under extreme stress and pressure of the detainment and accidentally mixed up the real password with the duress password. The government can easily prove all elements for obstruction of justice and/or destruction of evidence here, except for intent.

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    • notfromhere@lemmy.ml ⁨1⁩ ⁨week⁩ ago

      Would having a duress password at all be what they need to prove intent? Did he go out of his way ahead of time to set it up or is it part of the setup process of the OS?

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  • colournoun@beehaw.org ⁨1⁩ ⁨week⁩ ago

    My understanding is that he is not the person who deleted the data, the agent did it by entering the pin. That’s an interesting wrinkle. Is that materially different than entering the wrong pin 10 times which often also wipes the device?

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    • balsoft@lemmy.ml ⁨1⁩ ⁨week⁩ ago

      Nah, it doesn’t change anything. The statute says

      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.

      It’s clear that if he intended to wipe the phone and told the officer a password which would erase the contents, he “knowingly took an action for the purpose of preventing the Government’s lawful authority to take such property into its custody”.

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    • furrowsofar@beehaw.org ⁨1⁩ ⁨week⁩ ago

      The problem. You cannot lie to an agent, but you can remain silent. Your also taking an action with a known consequence and an action that is not allowed.

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  • SocialistVibes01@lemmy.ml ⁨1⁩ ⁨week⁩ ago

    but you cannot delete your data

    Said who?

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• debanqued@beehaw.org ⁨1⁩ ⁨week⁩ ago

  Enshitified website says: “Please enable JS and disable any ad blocker”

  Would someone plz post the text of this article?

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