Egregoros

@7666 you were always right and they were always wrong, this is afaik pretty well established law. you can be searched at a border coming in even if you're american and destroying contents after it's legally requested was already a crime. he can argue this case but this has been argued before and I think they all lost.

@sun i think there will be a burden of proof on the government that this was actually a duress password and not agent fatfingers fucking it up though. i think he has a legitimate case around intent and chain of custody.

@7666 if that is his argument then there's a possibility, the article seemed to suggest they were going to try to invoke that they had no right to search a citizen, which is a losing argument guaranteed

@anemone @7666 they can demand it at a border or not let you in even if you're a citizen.

@sun @anemone the appearance of compliance is incredibly valuable.

@sun @anemone @7666 pro-tip: the border is very, very wide.
https://www.aclu.org/know-your-rights/border-zone

@jeremiah @7666 @anemone when I lived in tucson the entire interior of the city was "the border" lol

@sun @7666 @anemone making a run for the border is a less impressive feat than it was once imagined to be. 🌮

@7666 @anemone so basically it falls into a category same as if you forget your password. if a judge thinks you're bullshitting, youre in contempt of court indefinitely, they don't have to prove that apparently.

@7666 @anemone the reason I bring this up is, the password rule in court is getting undermined, I am not sure it actually even applies anymore, it used to be a password was protected because it's in your mind

@anemone @7666 probably not on a border

@anemone @7666 i'm not defending this btw I just think the outcome is already getting bleak even before you add in the border.

@sun @anemone this is why you have to appear to be complying but intentionally be unable to. same argument for E2E, same argument for not keeping IPs around, same argument for keeping your shit off your body so when someone asks for a device they get exactly what they asked for, nothing more.

@7666 @anemone i agree, you have to look as innocent and incompetent as possible

@anemone @7666 I think most european countries have the same rules but I'm not sure. I mean, for border crossings. uk can just make you cough up the password, no legal protection

@sun @anemone was gonna say i am pretty sure plenty of countries just have this baked in already, but americans get uniquely offended by it because of their perception of "freedom" which hasn't been true since the patriot act lol

@anemone @sun yeah well CBP/TSA ain't the sharpest tools in the shed and everyone who has tried to argue with them just ends up looking like this so

@anemone @7666 ok yeah they detain the device

@anemone @7666 so basically you can refuse to unlock but if you give a duress passcode you destroyed evidence.

@sun @7666 @anemone Prevention (Don't have anything on your phone) is the best medicine.

@sun @7666 @anemone I have to apply for special security pass for an airport for a thing, do you think they'll let me in if I give them my fediverse account

@7666 100% @shitpisscum I only keep pictures of rotting animals and conversations of me texting nigger to my own number in my phone as a fun surprise

@sun @7666 @anemone someone should make a shell where it accepts multiple passwords for the same account but shows different sets of files for each one

@sun @7666 Feels like there are more exceptions to the fourth amendment than cases where it actually applies at this point

@scathach @sun "unreasonable search and seizure" seems to have been morphed into "well it's always reasonable for THE FEDERAL GOVERNMENT, THAT'S US, YOU KNOW, to search you!"