this post was submitted on 26 Jul 2026
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Privacy
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This is yesterday's news. Destroying evidence is a crime in a lot of jurisdictions. With that in mind, I don't understand how somebody who apparently uses Graphene OS didn't bring an empty burner when crossing one of the most notorious borders in the world.
Which isn't to say that the laws that require you to unlock your phone and that throw you in jail if you securely wipe it aren't hostile and inhumane.
How are they supposed to know there was evidence on it? I'm allowed to delete my files, aren't I?
Be careful not to swallow your spit. They may think you're swallowing a bomb and shoot you on the spot.
i think it would have been different if he wiped it before he came through customs. he gave them the pin, which destroyed the data after it was requested. almost like the phone was boobytrapped.
personally i just try to delete most of my communication apps on the plane before i get back to the states (signal, lemmy, instagram...) in case they want to search my phone and get mad about a meme. (precident). i also try to offload as much as possible to selfhosted apps where applicable (rss reader, podcasts) so i can just log back in and have everything.
i dont know how far these searches can go, but id be worried about password managers and app store history too along with any account where you can just "log in with google" or whatever. once the device is unlocked and in their hands, they can have access to quite a bit of personal information.
i bet theyre just pissy this technology exists and are trying to make it illegal.
Not quite. If you know or shouldreasonabley believe someone is about to arrest you or sue you, depending on the circumstances, judges can tell juries to assume the erased data would show something bad. But it depends on the details.
Not if you're given a Lawful Order (tm) to produce that material. Whether or not that material is incriminating is irrelevant.
~~They aren't but it is the same as if you have been accused of murdering some one and you burn the car you are accused of moving the body to the river in.~~
~~Edit: I am not saying i think its how i should work but its the logic behind it~~
They didn't accuse him of anything, and let him go afterwards. This was an illegal search attempt.
I'm no lawyer, but I think that's called circumstantial(ly improbable). Try convincing a jury of that. 🥲
This sounds a lot like proving my innocence instead of them having to prove guilt.
Except that this person wasn't accused or even suspected of a crime.
In order to be convicted of destroying evidence, there needs to be proof that there was "evidence" on the phone in the first place.
If something on the phone is already known without doubt, then what's the need for access? if there is doubt at the time of the wipe then there is no proof or destroying evidence. 🤷♂️
If I understand correctly they didn’t actually delete anything it just shreds the encryption keys so it can’t be accessed. Idk if the difference matters a whole lot though.
No it wipes the data from the phone
source
That is a distinction without a difference. Either way the once accessible data can no longer be accessed any longer.
Very interesting! I'd like to ask a lawyer how they think the courts would view that. The data is intact, just not decryptable. 🤣
Sounds like we might find out how the courts will view it.
Stay strong 😓✊
I cross the US border every few months.
Stopped carrying a laptop, still crossing the border with a graphene phone, tho.