US accuses American of allegedly wiping his phone using a 'duress' password during border search | TechCrunch
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A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.

cross-posted from: https://lemmy.world/post/49853131

Feels to me like GrapheneOS did exactly what it should, passing the US border test with flying colours!

Funny part about this lawsuit: “With a little planning ahead of time, you can always download the data you need once you get to where you’re going,”

  • chillpanzee@lemmy.mlEnglish
    142·
    10 hours ago

    Perfectly legal. Unless they were legally charged and ordered by a court to preserve data considered to be used in a crime, they can’t be charged with shit. Cops don’t dictate this, courts do, AND that scope only applies to an active prosecution anyway.

    I’m not a lawyer, so I’m not arguing that you’re wrong here, but the article describes the federal law the journalist was charged with. It seems very broad, and it’s a bullshit law, but from what’s here, it seems more grey area than perfectly legal. All of 2232 seems to require knowledge (which it seems like he had, but might be arguable) and action. You could argue that the journalist didn’t take any affirmative action to wipe the phone. The action that wiped it was the feds entering a code.

    • just_another_person@lemmy.worldEnglish
      73·
      9 hours ago

      Yeah, you’re wrong in a number of different ways. No, you’re not a lawyer.

      What you linked to is precedent par notice. Every single subordinate literally mentions notice.

      A law enforcement officer of ANY type is not able able to issue that notice.