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.

Ain’t that some BS

  • TrackinDaKraken@lemmy.worldEnglish
    0·
    16 days ago

    Prosecutors later charged Tunick under a federal statute that makes it unlawful to knowingly destroy or damage property to prevent authorities from seizing it. Tunick has pleaded not guilty.

    Security experts also said they had not seen charges brought in this way before.

    “With a little planning ahead of time, you can always download the data you need once you get to where you’re going,” said Sandvik.

    Zip it with a password. Upload it a couple of places, download it when you get home. Simple as. Anyone can do it.

    • ChonkyOwlbear@lemmy.world
      0·
      16 days ago

      The thing is, data isn’t just property. It is also speech. The right to remain silent is so fundamental to the legal system that a whole case can be thrown out if you are not reminded of this right while being arrested.

      • sculptor0725@sh.itjust.works
        0·
        15 days ago

        You have a right to remain silent but you don’t have a right to lie. This is super important legally. If you’re asked “what is your device pin” and you say nothing you’re OK, but if you say “my pin is 12345” and that’s actually your duress PIN then you can be in trouble for that.

        • ChonkyOwlbear@lemmy.world
          01·
          15 days ago

          I was speaking more broadly about the constitutionality of being charged under a destruction of property statute. In a sense, deleting your data is choosing to remain silent.

  • ExLisper@lemmy.curiana.net
    0·
    15 days ago

    Everyone is cheering but the case was not thrown out yet. For now we just know this is technically possible which we knew already. Now we will find out if you can do this and not go to jail. I will cheer when this guy walks free.