Обсуждение

Within 100 miles of the border your luggage can be searched, but phone data?

Fuck federal prosecutors. The “Justice” Department is fundamentally compromised & primarily persecutes political enemies.

Not the point obviously but “The government’s indictment, which contains a typo (“Untied States Code”)…” 🤦🏻‍♂️

Sounds like a lay-down violation of (a) of this: www.law.cornell.edu/uscode/text/...

Is it a typo though: “The government’s indictment, which contains a typo (“Untied States Code”)”

Do you mean like the way the Secret Service wipe their phones after January 6? Seems suspicious.

This indictment is a great ad for Graphene OS.

They claim they can require this because you are not yet under US jurisdiction until you are admitted, then they charge you with a crime under US justification. OK.

Throw the case out on these grounds alone. I hope he wins and files a civil suit and gets lots of money.

Here's the thing, though, did he actually damage or destroy the phone? If they phone is usable once a new OS/apps are downloaded he did no such thing.

It's interesting the govt argues that search and seizure laws don't apply at the border, so how can it be illegal for your phone to wipe "outside" the United states?

Woohoo! grapheneos.org/faq#supporte...

I love this story

Yikes.

In what world is that illegal?

Saddens me that i'll never be able to visit my friends because I have morals. Crazy.

The guy was using GrapheneOS. He could have refused to give them the password. After several PIN attempts, there is a time-delay which increases exponentially after each attempt.

I have my phone set up so after 20 incorrect pass codes are entered it factory resets. Not my problem if the cops can't figure it out, ESPECIALLY without a warrant and/or a lawyer present

He wiped his phone but there is no proof that it contained anything illegal.

Remember 4 years ago in 2022 how SCOTUS basically gutted the 4th amendment within 100 miles of a border and at airports (Egbert v. Boule)? And remember how privacy and immigration advocates pointed out how this was an invitation for wanton infringement of our rights and liberties? Yeah this is why.

Good for him. They have no right to seize personal belongings and protected information - especially before entering into US territory and without any probable cause.

since otherwise Customs couldn't have demanded to see it, this was 'out of the country', yet somehow it violates a supposed law against destroying your own property even though no subpoena was issued to demand preservation of evidence to prove something that isn't a suspected violation of law?

As far as the rest of the article is concerned, they have a legal right — to search our phones... However, it's convoluted due to the FACT he was at the border — it puts his constitutional rights into question. It's dubious, "grey area". -ONE.⚖️🤔 www.wired.com/story/how-to...

Do your homework... Consider online storage for pictures taken/other files while on vacation. You can also save your pictures to a different medium, such as a thumb drive. This way you're assured NOT to lose your content. Do NOT bring any foreign devices back. -ONE.💯🤔 bsky.app/profile/one-...

Cellphone hygiene is a great thing, if you know you're not going to be utilizing banking/apps, why have it on there? The phone can have pertinent information, while strictly designated for travel. Consider secure devices abroad, for the sensitive & the interim. -ONE.💯🤔 bsky.app/profile/one-...

Traveling with your phone can be dangerous. You don't want to lose important information, or yrs of pics. Further, losing your phone during travel can be — an issue. Utilize options in the country you're traveling to — if possible, or use a cheap device. -ONE.💯🤔

Isn't that a confession of surveillance, spying on a private citizen. At what point do we have any actual privacy or dominion over our own existence ?

Unconstitutional. Fight this garbage. Federal Defenders to the rescue.

i mean that's what a duress password is for. removing anything that may or may not be incriminating if you are under duress. god forbid someone use it under duress. especially if you are not yet under arrest. "oh no i left the photos of my dildo collection on my phone" *wipe*

We are now a fascist country. There's more and more proof of how we're losing our rights, daily. Too bad most people don't seem to give a fuck.

The Catch 22: We want your phone because you're not in the country yet, but we do have control over you outside the country.

Imagine how difficult it will be to erase data once we all have eyePhones implanted in our heads.

Thanks, GrapheneOS device!

But her emails...

Citizens have an absolute right of return to the United States, and case law sets precedent that you do not actually have to hand over your password. They can confiscate your phone for a few hours, but that's it.

Dope I wish they made that for MacOS

this makes me wonder, why can't iphone users get the duress password?

That's wild. They took it "...under the pretext of searching for child exploitation imagery, but without providing evidence to justify its suspicion." They had no evidence he had anything illegal on his phone. This can't be allowed to go forward ~ if it does, holy hell.

Remember when we had rights and stuff?

Fascism is here

So the government is seeking to abuse its authority over borders to prosecute people that they don’t have a right to. This is wrong. You can say he deleted evidence, but Hitler would also agree that attempting to evade the laws of the Third Reich is wrong.

The problem here is he was never arrested or charged. If he'd done that AFTER being arrested, the law would apply. The timing and circumstances are critical. This won't hold up. This is a vengeful prosecution and attempt to impoverish the victim.

Context: [he’s alleging] “the government was instead investigating him over his association with a long-running environmental movement called Defend the Atlanta Forest, which opposes the development of a sprawling training campus for law enforcement in Atlanta dubbed “Cop City.”

🤔

sounds like a case to run grapheneos, fuck the government thinking they can search my phone and computer just cause i crossed the border, we need to reclaim our rights from the government

Whose data was it? What data was it? How much data was it? When did it come into whose possession? How do they know?

If they need a warrant to search phones in the US they should need a warrant to search them at the border too. That's bullshit

All I'm hearing is a great protection measure was executed perfectly idk

I thought the point of using a pass code instead of fingerprint or facial recognition is that people can't search your phone without a warrant. You can say no. They can't get in without a warrant. It's not like BPA are gonna be super tech savvy and find a way around it real quick

So the United States can violate the rights of its citizens when they are not in the United States. Nuts.

Not an iPhone

Seems to me that if he wasn’t in the US yet, by the government’s own claim, he shouldn’t be subject to that particular US law.

Burner phones. Leaving the country, get a burner.

The phone was not destroyed or damaged and they have no evidence as to what information was on the phone that was supposedly wiped. Pretty thin.

Can someone explain to me how this is illegal?

But the Secret Service deleting text messages is just fine. Huh.

So border patrol says they don't need a warrant to search your phone when you're not in the US yet, but also say they have legal right to everything on that phone when you're not in the US?

FYI, you have a right to refuse to open your phone if a password is the only method enabled. Get rid of your biometrics.

@ccrjustice.org, @aclu.org Hello govt claiming it’s a crime to delete data on your phone before they can search it at the border. So many implications here.

Federal public defenders? Seems like they need to be contacting aclu etc, I am sure plenty of interest in fighting the arguments here.

GrapheneOS is going to see a boost in users from this

Seems like the only way to prove the data still exists is itself unconstitutional to compel. This sucks.

What would have been even better? If Sam's duress password had been F#CKTRUMP and the agent would have had to enter that before the phone wiped. Priceless!

We are just products.

Well this is scary.

He didnt enter the code, this is like telling some agent alt-f4