this post was submitted on 24 Jul 2026
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Privacy

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[–] wesker 124 points 6 days ago (3 children)

That's precisely what a duress password is for. Feature working as intended, get a warrant.

[–] eldavi@lemmy.ml 1 points 2 days ago* (last edited 2 days ago)

it needs to be reworked so that it's difficult to discern to strangers if the phone has been wiped.

it'll probably have to include fake phone logs, fake text messages, fake pics, etc. to make the wiped phone look like it wasn't wiped to everyone except its owner.

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[–] StumblingWasabi@lemmy.today 104 points 6 days ago (1 children)

Pick a lane. Either it counts as US soil so you need a warrant or it doesn't so theres no reason for US law to apply until the person is approved.

[–] EveryMuffinIsNowEncrypted@lemmy.blahaj.zone 27 points 6 days ago (1 children)

No one tell them about international airports...

[–] atrielienz@lemmy.world 14 points 6 days ago (2 children)

They have a point though. Technically from what I've read just living near an airport would give ICE the authority to search your phone and anything else you might be carrying if it's within a certain mile radius. Even if you aren't using the port of entry (airport for instance). Regardless of whether or not they have any other form of probable cause.

I don't understand how others don't understand that. Because it's a hell of a conclusion to come to.

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[–] quick_snail@feddit.nl 35 points 6 days ago* (last edited 6 days ago) (2 children)

Sounds like the police officer tried to gain unauthorized access to a device. And, while they were trying to crack it, they wiped all of its data.

I wonder if the police officer that did this will face criminal charges of unauthorized access and destruction of evidence.

And also there's a civil suit in there. The officer may have deleted valuable data on the victim's device, causing them harm. I wonder what the monetary value will be.

[–] queermunist@lemmy.ml 10 points 6 days ago

They charged people with terrorism for using Signal chat.

[–] Hiro8811@lemmy.world 9 points 6 days ago

The duress password on graphene os wipes all the data, they probably threatened or force him so he gave them that password

[–] vrighter@discuss.tchncs.de 35 points 6 days ago (1 children)

no he didn't. They asked for a password that the phone would accept. They weren't even supposed to ask, but he gave them one. They're the ones who entered it on the phone. And by extension they're the ones who erased the phone.

[–] MML@sh.itjust.works 22 points 6 days ago

Plus he provided a passcode that unlocked the device I don't see the issue.

[–] Eternal192@anarchist.nexus 72 points 6 days ago (1 children)

So? My data, my choice and right to delete it, so fuck off!

[–] quick_snail@feddit.nl 14 points 6 days ago (3 children)

He didn't delete it. The officer did.

I wonder if he'll sue them for damages

[–] blackbrook@mander.xyz 10 points 6 days ago (1 children)

"They asked for my password. They didn't specify which password."

[–] quick_snail@feddit.nl 10 points 6 days ago (2 children)

More like "sorry I couldn't remember the password. I guessed, but I have a bad memory"

[–] Cethin@lemmy.zip 11 points 5 days ago* (last edited 5 days ago) (1 children)

If you're in this situation, don't say this. You are under no obligation to explain anything, and anything you say will be used against you (and will not be used to defend you). Just shut the fuck up.

[–] quick_snail@feddit.nl 6 points 5 days ago

Yeah, you're right

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[–] Dultas@lemmy.world 6 points 5 days ago

Just put a note in your wallet that says cell password with the distress pin. You didn't give them the pin their illegal search uncovered it.

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[–] MasterBlaster@lemmy.world 53 points 6 days ago (1 children)

Citizen enforces his own right to the Fourth Amendment and is prosecuted by the government for not letting them try to find incriminating evidence on him. For something. Maybe. Because he looks suspicious.

I hope that lawyer gets it thrown out. I'm not holding my breath. We've gone so far into fascism I'm not sure it'll take anything less than violence to end it.

[–] AHemlocksLie@lemmy.zip 15 points 6 days ago (1 children)

Unfortunately, the 4th is pretty well destroyed at the border. And within 100 miles of the border.

[–] Quill7513@slrpnk.net 21 points 6 days ago

they've expanded the 100 miles to 250, and include cities with international airports now. we're at a point now where USBP jurisdiction is wherever a USBP agent happens to be

[–] quick_snail@feddit.nl 30 points 6 days ago

When Tunick provided his passcode and the authorities entered it, “the screen went blank, flashed several times and the phone appeared to restart.” The authorities seized his phone anyway, before telling him that he was free to go and could enter the United States.

Very glad to hear that he's a free man while the courts try to figure out what to do.

Also it's hilarious that he didn't wipe it. The officers did it. I think it's going to be very hard to get a conviction of this activist when it was the officer that wiped the data.

[–] ToiletFlushShowerScream@piefed.world 47 points 6 days ago (6 children)

A reason to try grapheneos if you are technically inclined.

[–] yestalgia@lemmy.world 27 points 6 days ago (7 children)

It's easy enough for anyone willing try. Grab any Pixel from the last few years, plug it in to a computer, and click buttons in your web browser on the GOS website and watch GOS get installed on your phone. The instructions hold your hand the whole way through.

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[–] Fancy_Gecko@lemmy.ml 20 points 6 days ago (1 children)
[–] davel@lemmy.ml 36 points 6 days ago (2 children)

https://en.wikipedia.org/wiki/Tampering_with_evidence

Tunick’s attorneys accused the government of demanding access to his phone under the pretext of searching for child exploitation imagery, but without providing evidence to justify its suspicion.

Even if I had more information, I still wouldn’t have the law chops to predict where this may lead.

[–] FineCoatMummy@sh.itjust.works 13 points 6 days ago (1 children)

I don't have those chops either. Also NAL. The wiki page says Tampering charges require there to be an ongoing investigation, which wasn't the case here, so I'm thinking it wouldn't apply. But! I wonder about spoliation. Spoliation before a case is brought, while not illegal per se, can result in negative inference,

spoliation inference is a negative evidentiary inference that a trier of fact can draw from a party's destruction of evidence that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding

Negative inference, to my NAL understanding, means the tampered evidence may be taken in the worst light for the defense. Here, it's all resting on flimsy and politically motivated pretext with no evidence. Still.

Needs an immigration lawyer to give an answer to this, but I'm thinking it may be legally safer to have strong encryption and refuse to unlock, rather than to wipe. Not unlocking isn't tampering, so no spoliation, but wiping might be. Well, safest of all is to use a burner. But next best, strong encryption + don't unlock. CBP can confescate the device, but they cannot compel you to produce a pw or unlock code.

[–] pemptago@lemmy.ml 10 points 6 days ago (4 children)

From what I've gathered, I think you're right to assume it's legally safer to refuse to unlock rather than wipe. Also, worth noting that you can be compelled to unlock with biometrics, but not a password. On grapheneOS this means simply shutting off/restarting your device as it requires a pw after a fresh boot, even if biometrics is enable.

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[–] quick_snail@feddit.nl 7 points 6 days ago

The accused is a Stop Cop City activist in Atlanta.

[–] gary_host_laptop@lemmy.ml 32 points 6 days ago

this is literally what they accuse china of

[–] apftwb@lemmy.world 29 points 6 days ago* (last edited 6 days ago) (2 children)

FYI if you are using GrapheneOS with the duress password, you can natively backup your phone. Its in settings.

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[–] pierre_delecto@hexbear.net 26 points 6 days ago (1 children)

Sounds like the cops entered the passcode... Therefore the cops erased the evidence.

who knows what would've happened if they bothered to get a warrant first.

[–] nfreak@lemmy.ml 22 points 6 days ago (4 children)

To step it up even further, if using a duress pin, stick it on a note inside your phone case. Don't say a goddamn word aside from asking for a lawyer, and when they inevitably find the written code and try it out, that's entirely on them.

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[–] reagansrottencorpse@lemmy.ml 14 points 6 days ago

Hmm this sounds like government overreach 🤔

[–] segfault11@hexbear.net 18 points 6 days ago (1 children)

they’re gonna use this case as pretext to ban graphene os

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[–] HiddenLayer555@lemmy.ml 18 points 6 days ago* (last edited 6 days ago) (2 children)

"Sorry, my fat American fingers accidentally entered the wrong code, you understand."

[–] humble_boatsman@sh.itjust.works 22 points 6 days ago (1 children)

From what I read, upon demand he gave the code to the Investigator, whomst had to watch the phone start to load and then erase it self. What a joy it must have been to watch them gifauh at that

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[–] N0t_5ure@lemmy.world 15 points 6 days ago

The authorities conducting the illegal search entered the code, so the phone owner could assert that he gave them the right password and they were the ones that screwed it up. It's a bit late for that argument, but someone could use that in the future and there'd be no way to prove it wrong.

[–] 99zz99@hexbear.net 8 points 6 days ago (5 children)

Regardless of how it happened, entering a fascist state means that you must be prepared to wipe all your devices before crossing the border. They’ll naturally fabricate justifications to employ totalitarian measures as it’s their directive to do so. If they seize your items and violate your privacy, which they will do, at least there’s nothing but a blank slate. These days I feel it’s more important than ever to have two devices, with one being a basic phone for communication only and the other a smartphone that’s backed up and ready to be wiped at a moments notice, then stuffed into your luggage.

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[–] eager_eagle@lemmy.world 13 points 6 days ago (3 children)

for research purposes, how would one go about setting this up?

[–] BCsven@lemmy.ca 11 points 6 days ago

GrapheneOS also has options to turn off USB port so that authorities plugging in devices to try to bypass phone lock can't be exploited. And user needs to supply password to change the USB options.

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