• quick_snail@feddit.nl
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    7 days ago

    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.

  • vrighter@discuss.tchncs.de
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    7 days ago

    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.

  • quick_snail@feddit.nl
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    7 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.

  • magnue@lemmy.world
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    7 days ago

    Would love to see how that happened. Extra points if they are the ones that entered it.

    • Pandantic [they/them]@midwest.social
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      7 days ago

      They were:

      When Tunick provided his passcode and the authorities entered it, “the screen went blank, flashed several times and the phone appeared to restart.”

  • StumblingWasabi@lemmy.today
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    7 days ago

    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.

  • MasterBlaster@lemmy.world
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    7 days ago

    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.

      • The D Quuuuuill@slrpnk.net
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        7 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

    • yestalgia@lemmy.world
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      7 days ago

      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.

    • ColeSloth@discuss.tchncs.de
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      7 days ago

      I soooo want that feature, but less and less phones will even let you unlock your bootloader. Graphene OS doesn’t get to support many phones.

      • mnemonicmonkeys@sh.itjust.works
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        7 days ago

        The bigger issue with GOS compatibility is the ability to relock your bootloader and a few other security features.

        Also, Motorola is releasing a GOS compatible phone next year. They consuled with the devs on what features were needed

        • FineCoatMummy@sh.itjust.works
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          7 days ago

          I really wanna give that time to be stress tested against Celebrite tho. Celebrite was able to get into locked devices. For all but the latest gens of iPhones and Andoids, which have better h/w security features. Older models they can access.

          If we see that Celebrite isn’t able to break the new GOS Motorolas, that’ll be good to learn.

        • MML@sh.itjust.works
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          7 days ago

          Just one? I really want a Graphene Razr but if that doesn’t happen I’m just going to get a FLX or similar

      • oats@beehaw.org
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        6 days ago

        Yeah, I bought my pixel specifically to run Graphene. Hope the Motorola devices come sooner that later, so one has a bit of a choice

  • apftwb@lemmy.world
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    7 days ago

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

    • FineCoatMummy@sh.itjust.works
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      7 days ago

      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
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        7 days ago

        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.

        • FineCoatMummy@sh.itjust.works
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          7 days ago

          you can be compelled to unlock with biometrics, but not a password

          Yah, I’ve been trying to get my friends to use a pw rather than biometric unlock, for that exact reason.

          I’m batting like 0 for 5, lol. Biometrics are just too convenient I guess. Plus they don’t think it will impact them personally. Which is prob true. I still think it’s best to use the way that preserves more civil rights. I just can’t convince them.

          • pemptago@lemmy.ml
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            6 days ago

            Yeah, people have their own threat model and trade-offs they’re willing to make for security/convenience and it’s probably a lot lower for most people than if they knew more about the landscape and gave it careful thought. It sounds like other mobile devices might reencrypt after reboot. IDK about the pw v. bio, though, but if it’s like Grap.OS just convincing them to reboot their device before going through TSA checkpoints or other areas where their device might get confiscated may improve their security with minimal effort.

    • BCsven@lemmy.ca
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      7 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.

    • humble_boatsman@sh.itjust.works
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      7 days ago

      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

    • N0t_5ure@lemmy.world
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      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.