There's no deception required to protect sensitive data or avoid the seizure of an expensive phone. Consent to unlocking the phone, refuse to unlock the drive. The drive gets seized and you go on your way (if you're a US citizen entering the USA).
Some time ago, Android with a custom recovery could come close to that, but it was fussy and as far as I know, no longer viable. Increased use of TPMs for storing credentials seems to be at least one of the reasons.
One of the laws that's enforced pretty well in the USA is the protection against unreasonable search. Most of the time, a search requires showing a judge evidence that the search is more likely than not to reveal evidence of a crime. Exceptions are narrow and specific; the government's options to punish someone who refuses to decrypt data at the border are limited to brief detention and seizure of the medium.
Not yet tested is the idea that erasing data on the spot satisfies the purpose of the border search exception, which is to prevent importation of things that are illegal to import. This case might address that question.
Edit to add that its also more difficult than it should be to protect and exercise the right against unreasonable search. If a cop knocks on your door its a consent-based interaction. You can simply not respond, but if you do happen to crack the door they can and will look in for any signs to claim as probable cause. Further there are cases where a person stepped out to talk and when they turned around and walked inside the cop slid right in behind them and later claimed in court the open door was implied consent. (I don't have a link to the court docs unfortunately.)
And there are also many instances of the city being sued, those cops being sued, losing qualified immunity, losing their jobs, etc, because we do still have recourse when cops do the wrong thing.
If your rights were violated, you stand to get a big payout, and get the cops fired that violated your rights. We aren't powerless, yet.
"In United States criminal law, the border search exception is a doctrine that allows searches and seizures at international borders and their functional equivalent without a warrant or probable cause. Generally speaking, searches within 100 miles (160 km) of the border are more permissible without a warrant than those conducted elsewhere in the United States."
https://en.wikipedia.org/wiki/Border_search_exception
213 milion people live in this zone.
then consider this paired with the implementation of mass data sharing between the alphabet agencies, surveillance data sharing from private companies like Amazon Ring, Flock, Clearview, etc. and NSPM-7 ordering agencies to create JTTFs to target organizations like BLM
then consider the unmitigated use of force by federal law enforcement agencies like ICE
I think if this were 1995 your point might be fair but those days are unfortunately long gone
Americans aren't standing up against this, but they might have considerably more interest if the government was instead trying to ban encrypting data in cloud storage for everyone.
There's also just the fact it's ridiculous I can't have a spare phone ready to go in a few minutes and get it back exactly as I left it.
How is this any different than refusing to unlock the phone? It just seems you've added unnecessary extra steps.
It's the same thing. They punched in a code, they are presented with a wiped phone. Can they prove the guy gave them a distress password and wasn't simply carrying a wiped phone to begin with? No, but they just need to imply that is the reason to charge him with the felony.
It doesn't even care about plausible deniability.
Best you can get away with is lack of suspicion. Have a secondary phone with some standard apps on that you use now and then so theyhave a history and just look like you are just not a technical person and read novels on dead trees instead. A lot of work but likely works.
The transfer and backup system are pretty much the same mechanisms.
Restoring is probably order of ~1 hour to go through all the setup. Then some hours to sync any data and updates that need to be redownloaded, apps reinstalled, etc.
- Tasker is an automation app for setting up rules for triggers and actions. It allows extension apps to be created to add new triggers and actions.
- someone at one point made an extension to add an action for wiping or factory resetting when triggered
- there was an existing extension (or core feature) to trigger when certain signals are lost or found (e.g., wifi signals, Bluetooth LE beacons, etc)
So the idea is to carry a BLE beacon (any "item tracking" one works) on your keychain, and an unassuming faraday cage pocket alongside it. If you want to wipe your phone, slip the fob into the pocket, the signal disappears, and your phone wipes. And if you don't have the keychain on you, just refuse to open it right away, as when they put the phone itself in a faraday cage (to prevent it from being remote wiped), they cause the signal to be lost, and it gets reset.
Not sure if all the pieces still exist (I dont think the tasker extension for wiping existed outside a forum post...)
Regarding the motivation for usbkill mentioned in the article: I too was motivated to think on this stuff in relation to my sense of injustice around Ross Ulbrecht, and wanting to think of some way that someone in his position could avoid getting caught. One creative variant in my thinking involved embedding the BLE beacon inside a rubber ball that could be launched and lost track of. Or maybe embedded in heel of a shoe and ditched in transit haha
"PAGINA INTERDETTA DAL CENTRO NAZIONALE PER IL CONTRASTO DELLA PEDOPORNOGRAFIA ONLINE (C.N.C.P.O.)"
“PAGE BLOCKED BY THE NATIONAL CENTER FOR COMBATING ONLINE CHILD PORNOGRAPHY (C.N.C.P.O.)”
Oh, we live in an interesting age.
(I used to do some travel patterns where taking a certain client laptop wasn’t an option. It was an absolute gigantic pain for the type of work I did, but it was just too risky to have a laptop seized and be expected to input credentials.)
There are vendors that sell the technology to adversarially access phone data, the "Before First Unlock" is the safest state a phone can be, but it's not infallible. The safest option is to have a burner or factory-reset phone with nothing on it, even if the hack succeeds.
Sad that we have to accept this as a risk of international travel, but here we are.
The important wrinkle is that CBP’s published policy expressly guarantees that a person being admitted as a U.S. citizen won’t be denied entry solely because CBP couldn’t inspect the device. It doesn’t give lawful permanent resident (green card holders) that same explicit statement. Instead, it says refusal by a “foreign national” can be considered in an admissibility determination.
It's actually been on the books for a while (decades at least) that customs can search you at the border without a warrant even if you are a citizen.
This case seems to have become a big 'Trump bad' poster child (people are calling the US East Germany in these comments...), but if this exact scenario happened at least in the last two decades (I found an example upholding the searches from 2004) then it would at least be possible to charge them with deleting evidence. Even this probably would have been nothing if he refused to give up his password, not being required to provide a password has been upheld for years. They can seize your phone for some time but I'm unsure on the times they ask and then just let you move on when they find out your a citizen.
Then log in with another temp account and use that for border pass etc, and then after border checks log back into your normal account?
or have a good enough decoy or encryption system in place. Such as pressing a button to lock or replace key documents but keep the rest intact. So what looks like a sensitive document omits key information but still appears to be legit to observer.
Why would the bomb squad trust the box owner to help them defuse it? To understand the issue, you have to construct a proper analog.
Briefly: no.
Less briefly: <https://news.ycombinator.com/item?id=49060780> and <https://news.ycombinator.com/item?id=49060716> (from the grapheneos HN account directly).
Even a duress PIN which triggers predefined deletion of certain folders, messages and apps could reduce law enforcement exposure significantly.
Wiping the overall data on the device via a factory reset, OS recovery mode or duress PIN/password prevents recovering any of the data because it reliably wipes material needed to derive key encryption keys and also reliably wipes the encrypted disk encryption keys. Wiping the encrypted disk encryption keys alone would not be good enough because they're stored on the SSD so imaging the SSD and restoring it could preserve the ability to recover the data. The way the key material needed to derive the key encryption keys is wiped prevents recovery via imaging the SSD mainly due to the secure element.
There's already support for reliably wiping data at the granularity of Private Spaces and secondary users. Those have their own encryption keys and can be reliably deleted due to having their own Weaver slots in the secure element and other hardware-based security integration.
Apps can also assorted generate encryption keys in the secure element and use those to encrypt data where it can be reliably deleted via wiping the hardware keystore keys. That requires apps built to have granular storage and encryption of their data.
Despite it being possible to wipe a secondary user or Private Space reliably, the past existence of it and when it was wiped will be easily discoverable via the main Owner user and system data. Preventing discovery of those profiles having existed requires an overall wipe of the data. It isn't feasible to hide it without doing that and hiding it would involve a whole bunch of unreliable removal of data without a way to prevent recovery along with redoing a bunch of statistics and other metadata to hide that there was another profile until recently. For example, things like the battery and data usage stats directly refer to the profiles. Even hiding it from naive analysis not looking at the leftover data on storage would still require changing a bunch of things to hide it.
Making data deletion of the data reliable for a whole profile or the whole data partition also requires a reboot or shutdown. Consider how much data gets loaded into the page cache and many other forms of data in the Linux kernel and other processes. Consider how much linger around in various kinds of registers, etc. including outside of the OS itself. Reboot or shutdown has code to get rid of this and the device sitting there turned off or booting again also gets rid of it.
They were clearly going to hook his phone up to forensics software on a laptop and had done what they needed to do in order to justify it for their own policies. It would not make sense to set up everything they did simply to have someone non-technical manually sift through his apps. They have widespread access to forensic software and also more advanced software with exploits. They definitely have easy access to it at a major Atlanta airport. The adversary in this case is not a non-technical human but rather advanced software from Cellebrite who are fully aware of alternative operating systems and document information on it. Their documentation directly refers to GrapheneOS and has tables listing their (currently very limited) capabilities against it.
This story got widespread news coverage and is widely known about. That should help make it clear how important it is for features to work against adversaries aware of these kinds of features. Our duress PIN/password works against adversaries aware of it. If they don't coerce a PIN/password from someone or don't enter a coerced PIN/password because they know it could be in use then the feature has worked. We want to improve the feature with secure element rate limiting integration in the future so that an OS exploit cannot be used to bypass it. The secure element already prevents an OS exploit from bypassing the limit of 20 total attempts for deriving encryption keys with massively increasing delays between those attempts. It used to solely be based on delays with throttling quickly reaching 1 attempt per day after 140 failed attempts but now there are only 20 total unique attempts. The past 5 failed unique attempts are temporarily remembered and discarded when entered again rather than trying to use them again for usability.
I mean - yes? If you design a subtle duress pin that only hides certain things, users would have to choose what.
I myself want the bank apps, password manager and email to disappear without a trace, but I don’t care about the social media, photos or web browser history. Other people, though, will have different priorities.
For the OS disk encryption, it uses separate randomly generated disk encryption keys for the main user, secondary users and Private Spaces which are different forms of profiles. Those keys are stored encrypted with key encryption keys derived from the per-profile lock method combined with various forms of key derivation material from elsewhere.
The most important of the key derivation material for profiles is the per-profile Weaver token on the secure element which it uses to enforce rate limiting for decryption attempts (max 20 attempts per profile with rapidly increasing delays) and to provide extremely reliable deletion of the data. Wiping the weaver slot for a profile prevents deriving the key encryption keys which prevents ever decrypting the randomly generated disk encryption keys again. The randomly generated disk encryption keys are only stored once and get wiped via a special SSD secure erase command but that isn't nearly as good as the secure element integration. If the SSD is imaged before a wipe and then restored, the data still isn't recoverable because the secure element wiped what's needed to decrypt the disk encryption keys.
Reliably deleting data is a much different thing from fully hiding that anything was deleted which is drastically more difficult and not compatible with how things are typically done. It's pretty much impossible to stealthily delete a secondary profile since there's too much system and Owner user data referencing them including the package manager's state, battery stats, data usage stats and far more. It's possible to attempt to go through all of that and hide it including forging the other stats to mask what was removed but data cannot be reliably deleted in a fine-grained way, especially on top of a modern copy-on-write or log structured filesystem combined with an SSD controller doing wear leveling.
An SSD controller will redirect writes to less written NAND than what is now being written to level out usage. That relies on it being aware of free storage to choose from that instead which is the purpose of TRIM. A modern SSD will also very proactively move around data rather than only redirecting writes to free space with less wear. It will identify the data that's rarely or never written and move it to the most written areas of the SSD to free up the space it was on for the most written data. Having 2TB of used space that's rarely ever touched, 1TB of a heavily written database and 1TB free will not only use the 2TB of active space for wear leveling with a modern SSD controller design. It will use the whole 4TB for it.
A modern copy-on-write or log structured filesystem doesn't write to the location where the data was originally but rather elsewhere. Android uses f2fs which is log structured which heavily helps with wear leveling at a higher level and also provides the ability to turn off data persistence temporarily and then roll back to the point it was turned back in an incredibly efficient way. Android uses that incredibly efficient rollback feature as part of A/B updates to preserve the ability to fully roll back an OS update which doesn't end up working properly until after it reaches the lockscreen successfully.
An app regularly appending data to a file, overwriting data in it or replacing the whole file is leaving data around all over the place. A decision can't simply be retroactively made to reliably delete the data for that file or the overall app. It would have had to be set up in a way that it can be reliably deleted. Without that, the whole secondary profile it's in is going to need to be deleted to reliably delete the data. If it's not in a secondary profile, the whole device needs to be wiped for it.
That's not what we were talking about. This is the full sentence we wrote:
"Reliable deletion of data requires setting it up to be reliably deleted later on by having it encrypted on storage with keys which can be reliably prevented from ever being obtained again."
What we're saying is that in order to have fine-grained deletion of data, it has to be encrypted with fine-grained keys with hardware support for deleting those keys reliably. Reliable deletion of data should also not be confused with stealthy deletion of data which is not generally possible for the kinds of data being discussed.
> I myself want the bank apps, password manager and email to disappear without a trace
You can put all of this into a Private Space or secondary user where it can be reliably deleted as a whole. There will be no way to recover any of the data if the profile is deleted. We have a planned feature for either a toggle to make the duress PIN/password only delete specific secondary profiles or more likely a 2nd duress PIN/password with that different purpose.
Deleting secondary profiles will reliably prevent recovering any of their data, at least after a reboot or shutdown. The best way to do it would be deleting them and then rebooting where the main user and secondary profiles not included in the deletion would still be there after the reboot. Without the reboot, it's unrealistic to reach the point where it's truly highly reliable. The OS does purge the keys for a secondary profile but a lot lingers around in system processes, page cache and elsewhere. If you delete a secondary profile with the goal of preventing data recovery then it's a good idea to reboot afterwards.
Dividing things up into secondary users is the way people can set up having fine-grained reliable deletion of the data. We can expand our duress PIN/password feature to support working with that.
It should be noted nothing about wiping secondary profiles is stealthy. It's very obvious there were profiles and that they were wiped. It can be determined when it happened and approximately how much data was deleted too. The data and filenames are unrecoverable but a fair bit of metadata on the sizes of files, etc. can be recoverable because that metadata is globally encrypted rather than per-profile encrypted. If you want to delete absolutely all traces of it in a reliable way, an overall wipe of the device does it extremely well. If you delete a profile then nothing encrypted by it can be recovered but what about all the evidence of it existing in the system and Owner user data? It's in the battery statistics, data usage statistics, package manager metadata and many other places. It can be purged from those but absence of data can be detected, and there's the usual problem of simply not being able to reliably delete data from computers in a fine-grained way. It's too late to reliably delete data from a file after the file has been regularly rewritten and modified.
Deletion needs to happen through deleting the keys used to encrypt all data which was ever stored in the file, so it would have had to be set up with that in advance. To reliably redact data in a file, the file would need a dedicated hardware-backed key with a new one being generated and the old one wiped as part of redacting data. Reliable wiping of a profile or the overall device works because it's all encrypted with filesystem-based full disk encryption using keys which can be reliably deleted. Profiles have fine-grained encryption for filenames and file data.
You cannot retroactively decide you want to reliably delete the data of a specific app and then do it. It's already spread all over the place. You'd need to wipe the whole profile or the whole device if it's not in a secondary profile. The OS would have had to set up a dedicated encryption key for that app's data with hardware support for deleting only that key by itself. Apps can do this and Signal is an example of app doing it which prevents backing it up via the OS backup system without also using their own backup system too.
Reliably deleting data at the scale of the whole data partition, a secondary user or a Private Space is fully supported but requires a reboot or shutdown to truly complete it.
After wiping key derivation material needed to obtain the key encryption keys in multiple ways and wiping the encrypted disk encryption keys, the OS can still access the data. It still has data in the page cache, in registers and elsewhere. There are still a bunch of system processes with data tied to what was removed. The OS is still fully functional after the nearly instant wipe of everything needed to recover the data again. It can still access all data other than what's encrypted with hardware keystore keys and not currently decrypted.
The wiping process for the duress PIN/password is completed with a shutdown which tears down everything, zeroes memory and provides at least a small time window where the hardware is powered off too. A reboot would also work and the boot process has explicit zeroing of memory, registers, etc.
We decided to use shutdown for the duress PIN/pasword but a reboot is a valid approach too. Our locked device auto-reboot timer feature we first shipped in 2021 relies on the zeroing done by GrapheneOS for both the process of the OS tearing down and then again during booting to return the device to Before First Unlock state.
> also create a semi plausible artificial profile to hide the deletion event.
It isn't feasible to fool forensic software so it largely wouldn't work against state actors. It nearly certainly wouldn't have helped in this situation in the news. They aren't reliant on a non-technical person sifting through a phone. They'll just hook it up to a laptop and follow the data extraction procedure which involves enabling ADB. The software is aware of GrapheneOS can guide people through dealing with anything different about it. They've had a lot of trouble with extraction via ADB for GrapheneOS since the vulnerabilities they exploit via ADB keep getting patched or blocked it exploit protections but it isn't realistic to block extraction with them having the PIN/password. They could just enable the encrypted backup service in the OS instead and then use CLI tools to extract the data from there with the seed phrase. They don't do that because they want everything rather than only nearly all app data. They also have special code to deal with apps such as Signal with their own layer of data encryption since the data taken from their app data directory is nearly all useless by itself.
There's also quite a difference between wiping and rebooting into a not very plausible environment with decoy data set up by the user in advance compared to not properly wiping and giving access to a decoy profile. Bear in mind the OS can still access nearly all data after the wipe until a reboot. It could make a best effort attempt at purging as much as possible from memory, but the OS is not designed to continue functioning with all of the data disappearing. It can't just wipe all loaded encryption keys without crashing and rebooting anyway. It also has a ton of data still around in caches and elsewhere. We don't want to just do a best effort job cleaning up as much as we can but rather reliably prevent recovering any of the deleted data.
We could definitely add a duress PIN/password which wipes only specific secondary profiles, reboots and has the device still functional with whatever data was in the main user still there. That's a feature we can add, but it's important to note that it will not hide that there was deletion of data. It's easy to detect, and it's not feasible to hide that it happened. Many steps can be taken to make it less obvious, but it will still be easy for software aware of it to detect. Even a massive overhaul designed to perfect it would not address the SSD itself giving away what happened for more advanced analysis.
We aren't going to add a decoy profile compromising the security of the device and providing a way to recover data in a state where it isn't at all unrecoverable yet. We did already plan to consider a 2nd duress PIN/password which only wipes specific secondary profiles, but we need to make it clear that it cannot stealthily wipe them to users.
but that's not the point, the point is to not wind up in court by presenting a phone that no long contains evidence but seems plausibly like your phone so doesn't arouse suspicion
Evidence Tampering
I'm imagining a duress code that erases select files and any indication that there was ever a duress code set up in the first place.
> Tunick provided this code to an agent, who entered it on the phone, after which “the screen went blank, flashed several times and the phone appeared to restart.”
Mines (in wars, as implied by "solider") aren't illegal. Also even for the first example there are certainly improvised explosives you can set up that isn't criminal to create or set off, fireworks for instance. Same with a barrel of gasoline. It's certainly a crime to use it to kill someone, but that's my point. By OP's logic it's not the person who set it up's fault, it's the person who triggered it.
I don't think it'll be very easy to get out of liability in this case. The duress PIN is a feature explicitly designed to delete all data when it is entered, especially in cases of coercion like this. There would be more plausible deniability if officers had simply discovered it somewhere and tried it on their own, but in this case it was knowingly provided directly in place of the real PIN.
Destroying potential evidence before suspicion is not a crime. Destroying it once under suspicion is a crime. So anyone can destroy their data at their hotel room even just before entry even if the data contains evidence of crimes. Of course the courts could take that into evidence to support the argument that there were crimes but it would not be a crime in and of itself.
Do you have thoughts as to how the courts would debate the deletion that you could present on a similar intellectual plane?
Not to say that I personally agree with either of those cases. But what is considered crime can get pretty unfair when it comes to the authorities thinking you did something wrong.
Did they though? Was there an actual investigation going on?
is what he was charged with (a)
see also: https://en.wikipedia.org/wiki/Border_search_exception
The google search required to find the answer ("federal statute for destruction of evidence") is shorter than your question here.
"Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry..."[0]
If so, on that assumption, should no one ever be able to erase data on their hardware? Is it schrodingers guilt, that you're simply not guilty until someone looks, and then you are?
And if not, you haven't answered GP's question.
Legal cases are adjudicated by human judges who have been dealing with scenarios like this for thousands of years, since long before the invention of software and laptops, and who are not the least bit challenged when presented with strawman scenarios like the one you called out.
Did he know he was suspected of something? Was he suspected of something?
Edit: 18 U.S.C. § 1519 doesn't seem to cover this (unless it covers the act of setting up the duress PIN in the first place as "altering"). § 2232(a) covers actually knowingly providing the duress PIN.
> Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
That covers the first part of my comment. As for the second part, there is 18 U.S.C. § 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.
IANAL, but the encrypted data on the device could be considered property, and the act of providing the duress PIN in place of the real one could be considered a knowing action for the purpose of preventing the government either from continuing to hold that data under its control, or from seizing the data into its control in the first place (since the data was never decrypted).
e.g. in Hungary the authorities treat it as a felony to possess an equipment that can record video or sound and it's not obvious when looking at it. 2-8 years in prison for mere posession, i.e. even if it's turned off in your backpack. random nonsense that if it can also make phone calls then it doesn't qualify (the above is the law paraphrased).
You know, the same way we would be rightfully outraged if Apple was allowing applications to turn on the web cam without signaling to the user that the camera is engaged.
That’s all aside from the fact that Hungary was run by authoritarian minded people. But just as I think it should be illegal for cameras installed in glasses to work without an indicating light, I don’t see how this recording light situation you are describing is really such a highlight of Orban’s excesses.
UK is same.
*https://www.nbclosangeles.com/news/local/la-family-120-days-...
*https://www.militarytimes.com/news/your-military/2026/08/20/...
Republicans might as well rename their party the Democratic Fascists of America at this point.
I'm reading Stefan Zweig right now, he was a prolific Jewish author from 1890s until his suicide in 1942, living as an exiled Jew from Austria in South America. He has written many words, over a century ago, that would support your claim.
The current situation is a result of a nearly unanimous Washington consensus regarding this issue. Not one party vs another.
That's nonsense and the voting record proves you wrong.
Please link to any privacy related vote that hurts the public where "both sides" voted for it.
Of course, Snowden gave us definitive proof back in 2013 that 'rights' were being systematically violated for arbitrary purposes. But, no one dares be objective about world events lest they accidentally seed territory to their enemy! "But we can use that for XYZ if we get in!" says the American with glee.
If Americans could be honest with themselves, they would realize national collapse is imminent within a decade. The only path forward is treating those around you with respect such that community is preemptively fostered before it is invariably required for survival.
The cognitive dissonance is staggering.
At the same time, there is a complete lack of cognitive dissonance in this thread that is even more staggering.
The American healthcare system is fundamentally broken on top of this. How is forcing me to pay into a system that is broken and a system I won't use, how is that freedom? Americans spend more money than any other country only to recieve worse outcomes. You can walk into an American hospital, tell them you have just returned from west Africa where there is an Ebola outbreak, and tell the nurse you have Ebola symptoms, and that nurse will send you home with a perscription for antibiotics that don't work against viral infections at all. And then you die. I'm citing a real example that actually happened.
https://abcnews.com/news/story/ebola-patient-released-texas-...
Given the state of American healthcare, I wouldn't go to an American hospital even if near death. I'd try to get myself to a hospital in some other country before going to an American one.
"One of the most significant challenges in combating the rise of sugary drink consumption in Latin America is the lack of stringent regulations on advertising and the availability of these products. While some countries have introduced taxes on sugary beverages and implemented labeling regulations, these measures are often met with strong opposition from the beverage industry. The industry’s lobbying efforts have been effective in delaying or diluting such policies, leaving many children vulnerable to the adverse health effects of excessive sugar consumption."
https://latinamericanpost.com/science-technology/latin-ameri...
But this case is pretty clearly about negative rights (preventing the government from doing something) which based on the original Bill of Rights is pretty clear.
> The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
When you think about it, non-European migration into the United States actually does strengthen their national identity, because the core identity of America is trying to horde as much as you can and interact with your community as little as possible. It's a match made in heaven!
1. Was there a lawful entitlement to the papers? 2. Were the papers protected private property? 3. Were the papers released to the wind intentionally? 4. If intentionally released was it expected that they would disappear or simply fall to the ground?
A couple easy technological analogies: 3. "Sorry, I gave you the wrong code by mistake." 4. "I thought it would go to a private guest mode, not delete everything!"
What if we flipped this to instead be something that's explicitly not on the device?
The border search stuff only applies to information on the device. It cannot compel you to provide access to e.g. emails stored in a cloud provider.
If instead of making the process of stopping searches like this be a destructive one, we instead pre-purge the key but store it offsite with the ability to get it from an online location, then this feels like it's probably reasonable here. In the sense that the 4th amendment explicitly allows "The right of the people to be secure in their persons, houses, papers, and effects, ..."
There's probably some sort of technical problem I'm missing here (or maybe this functionality is available already).
But...
The issue at hand is the "locality" of the encryption header. He merely facilitated its deletion, not the data.
If he had a backup at home, is that still a felony?
What about if he had a backup on a flash drive with him?
What if he never had the header on the phone to begin with and used a detached header on a flash drive?
Are detached headers (a thing you can easily do with LUKS) now de-facto illegal?
This whole thing is making me feel rather uneasy about the bigger picture.
> The border search will include an examination of only the information that is resident upon the device and accessible through the device's operating system or through other software, tools, or applications. Officers may not intentionally use the device to access information that is solely stored remotely. To avoid retrieving or accessing information stored remotely and not otherwise present on the device, officers will either request that the traveler disable connectivity to any network ( e.g., by placing the device in airplane mode and disabling Bluetooth and Wi-Fi connections) or where warranted by national security, law enforcement, officer safety, or other operational considerations, officers will themselves disable network connectivity. Officers should also take care to ensure, throughout the course of a border search, that they do not take actions that would make any changes to the contents of the device.
and
> Passcodes or other means of access obtained during a border inspection will only be utilized to facilitate the inspection of devices and information subject to border search. Passcodes or other means of access may not be utilized to access information that is only stored remotely. Passcodes or other means of access should only be recorded by the officer in a temporary format and should not be uploaded into CBP systems. Passcodes or other means of access recorded by the officer will be deleted or destroyed when no longer needed to facilitate the search of a given device.
Basically already exists depending on specific trade offs and risk profile.
You already can encrypt your data and store the encryption key offsite. But then you couldn’t use your phone during travel, if you toss the key locally.
You can encrypt the data at rest and leave the decryption key in RAM and just turn off your phone. But they can still take the phone and copy the encrypted data, if they think they’ll get the key later.
My understanding is that this individual would t want the government to access the encrypted data either.
The search is supposed to be lawful without a warrant because you're not really in the US yet per-se, hence if you're not there, how deleting the data can be a felony?
The premise that the law doesn't apply because you're not in the country is false. The constitution applies generally everywhere to all Americans, it's just that what's regarded as reasonable differs during a border search. IANAL, so just my lay opinion on this. Just to validate this, it's only because the constitution exists that the border authorities have any legal basis in doing inspections.
> On or about January 24, 2025, in the Northern District of Georgia...
[1]: https://storage.courtlistener.com/recap/gov.uscourts.gand.35...
But in general, the thing to note here is that the 4th amendment is always applicable and in force. It's how it's interpreted that changes depending on the circumstance.
- if you're deemed to be on US soil, constitutional protections (4A) apply; can't be destroying "evidence" unless you're accused of a crime or found to have committed a crime
- if you're deemed _not_ yet on US soil, then how can you be charged with a crime under _US_ law?
Also, that constitutional protections are suspended within 100 miles of a land, sea, or air border.
https://www.congress.gov/crs-product/RS22497
Although obviously not all US laws apply and enforcement is a whole other kettle of fish.
Obviously have the duress pin if what’s in your phone is worse than the obstruction charges too.
So in the article situation, the guy is a protestor and presumably suspects he’s going to be targeted by the police for it. He’d keep that stuff isolated from his usual activity. There’d be no need to generate convincing fake activity.
Certainly more of a hassle than having a PIN that can destroy everything.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Amendment 5:
"..nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
He was charged for destroying evidence, not refusing a search
>Amendment 5:
Destroying evidence isn't testimony. Moreover he would have been in the clear if he just kept his mouth shut.
Evidence with regard to which investigation?
They can take it for a "reasonable amount of time" (inconvenience you for a few hours and make you miss your connecting flight) while they copy an encrypted image. They then must return it to you.
To put it in protective, just opening a web browser or some other app can delete/alter more data than was deleted in this case.
Although then you get a possible delay of undefined duration, additional questioning and seizure of your device.
They can say anything they want. They hold all the power. This will never change until enough people take matters into their own hands, as the system has been compromised.
we should always be asking: is this the only way you can prove the accusation? just because it would make LEO life easier - that's not justification for violating the constitution.
an consider what this case teaches us: clean up your devices before you cross a border. how does that even help the goal of law enforcement?
But no respectable judge would ever have issued a search warrant on the basis of "we want to rifle through his messages/contacts so we can hopefully accuse him of something".
Protesters against this exact same thing were mis-prosecuted under "domestic terrorism" and "racketeering" charges before (got dismissed in 2025).
Source? Are we still talking about Samuel Tunick? The article doesn't mention it, and so far as I can tell he was only charged at the border crossing for obstruction.
Even lawyers with extremely different ideologies will give you convergent answers in a lot of cases, even when those answers conflict with an apparently obvious reading of the original text. Explaining that would require drilling down into details of thousands of court cases -- like reading a complex proof of a seemingly simple theorem.
I don't like that any more than you do. It's not mathematics, and even when given all the details, I usually find their inferences laughably bad -- even when I agree with the conclusion. It's not "logic" as I apply it as a logician, philosopher, or software developer. Lawyers (people on my side ideologically) will insist on the soundness of reasoning for decisions that they don't like but accept as valid.
So I don't find quoting the Constitution to be of any utility. None of those words what you think they mean. And fixing that requires basically throwing out the entire system of American jurisprudence. Which would be fine with me, to be honest.
And that alone is already a pretty scandalous problem. If the law is not stated in a way that ordinary people can understand, how the hell are they supposed to obey it? Those who cannot afford the highly paid law explainers are basically locked out of society.
The truth is that the constitution is interpreted by humans in a common law context, and enforced by the apparatus of state, which has the means to impose its will. Calling this doublespeak is weird.
The Constitution is written in plain English. And for the most part, Supreme Court decisions are written in plain English that any reasonably literate US citizen can understand. Yes, the law has technicalities and terms of art just like any other profession.
But one of the most damaging mentalities in modern times is the idea that the common man is incapable of understanding the law at even a basic level. This is flat-out not the case. Which leads to the follow-on problem: people who think lawyers have the ability to cast magic mumbo-jumbo spells that "get their clients off on a technicality" somehow. The best quote I ever heard about that from an attorney was "any time someone says a person 'got off on a technicality,' you can pretty much just safely replace that in your head with 'had their constitutional rights egregiously violated.'"
Yes, there are problems. Qualified immunity is a problem. Prosecutorial misconduct can be a problem. Abuse of discretion at the border is a problem. But that's different from doomerism about the entire justice system to the degree Very Online people express it.
I suspect the 5th amendment is probably more valuable to the defense here as the password is effectively testimonial and the give us your password or we'll ... is compelled speech.
Either way, it's gonna be many 10s of thousands of dollars in lawyers fees to fight this. Which sucks.
https://yalelawjournal.org/forum/customs-immigration-and-rig...
The only reasons allowed for border searches are ensuring that individuals are legally admitted (inapplicable here because citizens are always legally entitled to enter) and preventing contraband from entering.
A wiped phone can't contain contraband, so wiping the phone serves the same purpose as a search. It's not destroying evidence anymore than throwing away a water bottle before going through TSA is destroying evidence.
And it's impossible to ignore that context. This is plainly wrong. And people trying to justify this plainly fascist search is sickening.
E: but seriously, what happens to non citizens. What happens if you bring a burner/wiped phone? I assume digit forensics can confirm it was pre wiped but what's topping them from alleged you wiped on US soil.
You can refuse to hand over access. You can't go torch evidence. Caught Ollie North as well.
So, in both cases the government wouldn't have access to the contents of the phone
[0] https://arstechnica.com/tech-policy/2020/02/man-who-refused-...
> Courts have generally found that compelling individuals to provide their numeric or alphanumeric passcode is potentially testimonial under the Fifth Amendment, as it forces the defendant to reveal “the contents of his own mind.” In Re Grand Jury Subpoena Duces Tecum 670 F.3d at 1345; see also U.S. v. Apple MacPro Computer, 851 F.3d 238 (3d Cir. 2017). It is analogous to compelling production of the combination to a wall safe, which is testimonial, as opposed to surrendering the key to a strongbox, which is not. See Doe v. U.S., 487 U.S. 201, 220 (1988). However, even if a court finds that providing the passcode is “testimonial,” it may still fall under the “foregone conclusion” exception
https://www.nacdl.org/Content/Compelled-Decryption-Primer
In short, you can't be compelled to give up the code in a dragnet attempt to find evidence against you (e.g. a boarder guard can't riffle through your text messages to see if you might have done something illegal), but if it's already certain that particular evidence exists on the device as a result of other evidence, they may be able to compel you to give up your passcode.
Note though that the cases where this has come up are very few and far between, and there isn't a super clear overriding precedent to follow.
In general though, the best choice here is to say nothing at all and work with a lawyer to figure out how to proceed.
<https://news.ycombinator.com/item?id=49060780>
(From the HN GrapheneOS account about a month ago.)
I would not present a phone to customs that had clearly just been wiped.
That kind of thinking has landed a whole lot of people in prison.
You can try this "gift link" to the article: https://www.nytimes.com/2026/08/21/us/politics/samuel-tunick...
But the man was also hated by the cops because of his activism. They were going to catch him for something, some day. This incident just provided the necessary excuse to lock him up.
It is pretty clear to me that law enforcement conspired to abuse a border crossing to effect basically an unconstitutional search ("fishing expedition"), which it would never have gotten a warrant for.
This is them being spiteful after that whole thing failed. Note how law enforcement basically admits this on the record. The whole thing is a disgrace; every decisionmaker involved in this should be sacked immediately.
This also doesn't even get to the more important point: If you don't have the contents of the phone you have literally no evidence of a crime being committed, other than the one they invented post-facto: "Deleting data that could hypothetically be incriminating, not in any specific way but just generally, maybe".
People have gone to jail or have been executed for less than a glitch. Theoretically a highly charged particle from space could've messed with exactly the right transistors exactly when entering the correct PIN and trigger the wipe process. There is no way to prove that didn't happen. But you don't need that kind of proof.
The fact phones don't usually wipe themselves will be plenty good for a judge.
Btw: Regardless of the above I support this guy's right to protect his private data from baseless and unreasonable searches. He should not be charged with a crime.
funny reading this (don't disagree) and then also reading on HN how China is "bad" this is some gestapo shit but not surprising that it is getting normalised ...
Excessive border patrol power has been around in the USA for ages now, it's all part of the post-9/11 package. I don't think many Americans even know they live in a zone where the border police can do shit like this, even if they haven't left the country, as international airports are usually near big cities, and they have a wide border zone around them. This stuff only really makes it into the news when it happens to one of the "good guys".
1. You factory reset your phone before entering the US and give it to CBP blank. There's nothing to find;
2. You have a self-destruct PIN like this guy did and give it CBP so it destroys the phone's contents.
Tech people will say that these two things are functionally the same. This is a fundamental misunderstanding of how the law works. If you factory reset your phone first with the intention of restoring it after entry, that's completely fine (legally). You could've factory reset that for any reason. But as soon as an officer wants to search your phone, now you're engaging in evidence destruction (spoliation). The destruction to the phone's contents was done in response to an unfortunately lawful search.
Even if you don't want to factory reset your phone, you can probably just delete (or even log out) of key apps. They can still get messages but if you're so concerned about that, use WhatsApp or whatever.
None of this should be necessary but we are where we are. But whatever you do, don't use a self-destruct PIN if you don't want to be charged with a felon and likely to be found guilty.
At this point, people should buy a burner phone when going to/from the US. In that phone only have a couple of phone numbers and that's it.
A couple weeks before your trip, factory reset whatever burner phone you're planning on using and swap your SIM card over. Install a few basic apps you wouldn't mind them looking through. Enable hotspot/tethering, and connect your other phone via Wi-Fi.
For a couple of weeks, use the burner as much as you can with what is available on it. When you're driving, us the maps app for GPS. Make and receive some calls, ignore some spam calls. Read the news. Get a few inane text messages conversations going, etc.
When you travel, leave your regular phone at home and take the burner. When it's searched at the border, it has enough activity to pass most initial smell tests. If asked, you dropped your other phone and didn't have time to get it fixed before your trip, this is one a friend lent you.
This has worked for me. Never _actually_ into anything illegal, but just apparently had a suspicious vibe about me or something because every time I crossed the border into or out of the country I was spending 4-5 hours getting searched. Didn't need someone going through my entire life going back decades every time--once was enough.
Issuing 'burner phones' and laptops to staff visiting countries such as China or the USA is now SOP for many companies handling sensitive data, including mine.
Don't think this isn't unusual.
Believe it or not, due process still generally exists and most people still benefit from taking precautions to protect themselves. That’s not to imply that things are great or that we aren’t in a time of declining civil liberties.
Seriously, there is something wrong with privacy doomers.
This comes across as fearmongering to keep people from protecting themselves.
If you get charged with a crime, things are very different.
There is no court at the border. If the agent decides you're going to jail, you're going to jail. The decision may be reversed/corrected after, but it's still going to be a big, expensive problem for you and you _are_ going to be detained for a time.
Not to mention walking up with an empty phone and telling the agent to "fuck off" when they ask about it sure sounds eerily similar to the facts of the case in the linked article. I'd wager that's a good way to land an obstruction charge.
For the second part, having an empty phone is not a crime, and being arrested for this would be a major scandal. The tech press and political outlets would be all over it. It’s generally a good idea to avoid directly antagonizing border guards, though.
At the end of the day, it's always best to just not have anything "bad" on your devices. People have been caught up for all numbers of "innocent" reasons (pictures of their kids in the bathtub, ancient photos in their albums of themselves doing illegal things such as drugs or underage drinking, text messages or browser history disparaging politicians the border guard may support, porn in your history) that can give a border guard in a bad mood good reason to ruin your day.
I personally don't want my phone data hoovered in and analyzed or marked, even though I don't really have anything to hide. I don't care enough to do anything about it, but if I did I would probably have a second travel phone with a curated amount of data, apps, accounts, etc.
The truth is that the Democrats have no appetite for dismantling the security state because Republicans would screech that they were making Americans less safe and Democrats would rather not have that fight than make a counterargument for civil liberties and Constitutional values.
Clinton's IIRAIRA bill literally introduced expedited removal procedures and created the concept of 'administrative warrants', routinely used by CBP/ICE today.
Without the IIRAIRA, removal would be substantially harder.
https://www.congress.gov/bill/104th-congress/house-bill/2202
https://www.congress.gov/bill/104th-congress/house-bill/3610
It's easier than ever to check legal assertions before you post instead of posting incorrect information.
I think it would be easier to understand the playing field and choose your actions accordingly, if you accept the US has entered its East Germany / late 20th century Soviet era -- except of course with 1000x more invasive and effective surveillance tech.
The social dynamics are the same - the abuses, the selective enforcement, the lack of recourse, the same characters in the roles of various levels of "law enforcement" and "politics". I'm so very sorry, but the best you can do from here is speedrun the collapse.
I'm pretty optimistic that after the next general America will be ready to give up on the extremity of late turn over a new leaf. I fully expect a new president to be ushered in, whether R or D, and for some level of normalcy to start creeping back.
The Soviets lost eventually, I don't think America can lose. Canadians like myself have watched America win for our country's entire existence; I am unconvinced that a decade of silliness is enough to compare America to East Germany.
In 2016 I remember Americans saying this was the end of the line and the country was doomed. 10y later they're richer than ever and its companies have global dominance of the most world-changing technology of the last 20y. I just don't think "the collapse" is coming anytime soon.
If anyone's interested in a friendly wager, my email is open. I'll happily go 1:1 odds that America will have a new president come 2029 and the country will still remain the world's richest and most powerful.
[1] I'm not defending the behavior of border control here, but I also don't think we need to overreact to this one example which is exactly what is happening.
> I think it would be easier to understand the playing field and choose your actions accordingly, if you accept the US has entered its East Germany / late 20th century Soviet era -- except of course with 1000x more invasive and effective surveillance tech.
If it walks like a duck, and quacks like a duck.. might just be a duck.
I don’t believe those living “normal lives” in East Germany or the Soviet era considered the police to be evil and invasive the way we do today.
the stasi were spying on people and putting them in jail. what exactly is your claim about the difference? is it a difference in distinction or a difference in degree?
What we hear about is far from comprehensive, and many of the atrocities won’t be unveiled or investigated until the next decade.
The Epstein cover up shows they’re used to keeping secrets.
I’m not sure why we’re pretending there’s not a convicted felon in charge of the entire system.
I think it's more effective to stick to our own history because this country has always been a struggle for workers outside of a small very respite after WW2 that has been actively fought against and weakened since.
It's a temporary situation, it isn't necessarily a permanent situation.
Tell me how you think East Germany is doing these days.
And no, it doesn't have to take 40 years to right the ship, so long as people get their heads out of their asses and vote. Things are likely to change by the end of this year, and in another 2 years we could have a very different government that could undo a lot of the bullshit going on right now.
That's half the people who showed up to vote, not "half the voting population". 1/3 of the eligible voters simply didn't vote, and from the people I've encountered that don't vote, they are mostly left-leaning.
No, stupidity and self-harm aren't going away, those are human traits. The current admin is actively hurting everyone, with tariffs and stupid wars he campaigned that he wouldn't start, ICE in every city everywhere causing chaos even to right-wing supporter-owned businesses (they wanted immigration reform but not like that!). This admin has shit the bed, and even his supporters are feeling that. They are now in the "finding out" phase, and the next phase doesn't look so good for republicans in the next election because of it.
Where's the Project 2028 book?
Is there anyone credible putting together the Executive Orders to undo the stack of shit, is anyone putting together a short list of District Attorneys to interview on January 21, etc?
> And no, it doesn't have to take 40 years to right the ship, so long as people get their heads out of their asses and vote.
so then you admit the outcome here is contingent/conditional. do you understand that means we are already in dire circumstances if the outcome isn't certain?
This is a pretty silly take. If you actually follow the news, all of these issues are getting pushback. It's not at all clear that even a competent fascist-leaning government would be able to push through what the current one is trying to do, and sadly for them, competence in their ranks is in short supply.
The bigger issue has nothing to do with the faddish concerns of the current government. The era we should be looking to is not East Germany/late Soviet - it's more like the Gilded Age. Robber barons need to be dealt with from time to time.