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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.
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.
It pretty much makes privacy illegal.
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.
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.
This is actually a really good idea. It would also work if your phone got stolen.
Then you sue them for destroying your data. They took your phone and wiped it...
Yes! Or even better, make it 1234 or your birthdate and let them guess it on their own.
I have two different PINs I use for different debit cards. One of those is also my phone PIN, the other is my Duress PIN.
It would be really easy for to forget which is which when in a stressful situation.
Labeled "phone password" for good measure.
Nope. Now it's intentionally misleading. You don't want that.
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.'
Yup, you're ok if they use the rubber hose. They likely need to produce you again at some point. If they use the wrench, they don't care what you look like.
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
I'm inclined to think he's going to get away with it, but more because of the circumstances under which he provided the password, as in prolonged detention where he was specifically denied access to a lawyer.
That would (very pleasantly) surprise me in the current political climate
Someone has to fall on their sword to get important issues brought before the supreme court but I wouldn't get my hopes up with this court.
Jury nullification is a thing for reason.
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.
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.
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.
It brings up an interesting question: if wiping your phone after being requested access to it is illegal (?), would wiping your phone in anticipation of access being requested also illegal? Are we effectively required to give the federal government access to every private account in order to travel?
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.
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"
They're there because you're being watched already. You're coming in from an international flight to the 11th district so they have unreasonable search and seizure rules.
Graphine is clean enough that they can't sidestep it. Just plead the 5th and leave it at that. They'll probably confiscate it in hopes they'll eventually be able to break it on a zero day.
Telling them the duress password is the unlock code will def get you fucked.
Pleading the 5th and then them entering a password found in your wallet that wipes it will get you dragged into court, but probably in a defensible position; those lawyer fees are going to be immense.
Pleading the 5th and having your duress as 1234, which they try, would also put you in a defensible position with 10s of thousands in lawyers' fees.
The duress password isn't illegal. The knowing destruction of data is. If you set it up so they're likely to destroy the data in attempting, you're going to get served.
Don't go through a border with a phone full of questionable personal data. Legal or not.
I don't know what the fuck he did to get on the FBI radar
....
Dude is just protesting the construction of a large cop training facility near him.
That is what did it.
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.
Freedom, lol. How many prisoners per capita again?
The freedom to enslave, silly.
always use a burner phone, burner accounts when doing something like this.