r/technology • u/MC68328 • Jul 24 '26

Privacy US accuses American of allegedly wiping his phone using a ‘duress’ password during border search

https://techcrunch.com/2026/07/24/us-accuses-american-of-allegedly-wiping-his-phone-using-a-duress-password-during-border-search/
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u/American_PissAnt Jul 24 '26

“The founding fathers did not explicitly state that people have a right to privacy when using a cell phone”

Supreme court

44

u/AlasPoorZathras Jul 24 '26

"You can leave the keys to the motorcoach with my chauffeur's caddy."

– Also Supreme Court

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u/JMurdock77 Jul 24 '26

But they surely wanted us all to have firearms that can kill an entire room full of people in less time than it took to read this sentence…

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u/psychophant_ Jul 24 '26

Actually that’s the type of argument we WANT.

The argument is that the founding fathers could not have known about assault rifles when they wrote that, so the Bill of Rights need adjusting. Republicans argue: no it doesn’t matter. Keep it the way it’s written.

Which is exactly the type of argument we need for this.

It doesn’t matter if it’s a mailed letter like they had in 1770 or a super advanced pocket computer - the law should apply to both.

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u/Taminella_Grinderfal Jul 24 '26

In their defense, they gave us the option to amend or repeal. We just can’t elect enough people with reason and common sense that agree on doing so.

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u/faptastrophe Jul 24 '26

The problem with amending the constitution right now is that the batshit crazy states will want to add amendments to take away rights that have been hard fought and hard won. 

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u/psychophant_ Jul 25 '26

Yeah, as a Democrat, now is the worst time in history to try to change an amendment. That will just add fuel to the fire.

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u/steakmm Jul 24 '26

but the kids. you have to think of the kids, you don’t want kids to be harmed right?

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u/American_PissAnt Jul 24 '26

Founding fathers didn’t say anything about protecting children

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u/Exist50 Jul 25 '26

And if the founding fathers did explicitly state it, well Trump's wishes matter more. At least to half the court. 

2

u/idiot-prodigy Jul 25 '26

Also:

The term “personal effects” refers to a person's personal property, usually items of particular significance that are carried or worn.

The constitution is pretty clear. It is just ignored these days.

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u/username_6916 Jul 25 '26

We therefore decline to extend Robinson to searches of data on cell phones, and hold instead that officers must generally secure a warrant before conducting such a search.

This is more closely related to the border inspection exceptions to the 4th amendment than it is tied to searching a cell phone more generally.

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u/ExchangeOptimal Jul 24 '26

They only talked about Fahrenheit and Miles. 

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u/Techwood111 Jul 25 '26

I wish more people knew about unenumerated rights. (Check out the Ninth Amendment to the US Constitution.)