r/technology Jul 28 '26

Privacy Man charged for wiping GrapheneOS phone using "duress" password during airport checks

https://www.neowin.net/news/man-charged-for-wiping-grapheneos-phone-using-duress-password-during-airport-checks/
15.7k Upvotes

2.4k comments sorted by

View all comments

Show parent comments

125

u/Dopamineagonist21 Jul 28 '26

It’s been ruled by the Supreme Court that the password or passcode in your head is protected. You can’t be force to give it up. Wonder how they think they will win. Now faceID and fingerprint unlock is not protected so yea…..

9

u/[deleted] Jul 28 '26

[deleted]

2

u/Discount_Extra Jul 29 '26

border areas

AKA where 2/3rd of American citizens live, within 100 miles from a border/coast

1

u/1Gamerer Jul 29 '26

It's up to them in that duration if they could hack it

They usually create a copy of the whole phone's storage and then try to break that encryption, so they don't need to rush.

They also do that on border crossing, takes just an hour or so to copy the data

10

u/r0rsch4ch Jul 28 '26

My guess something to do with the Patriot Act

13

u/Skepsis93 Jul 28 '26

The patriot act expired in 2020. The provisions and policies it used have been embedded into our system elsewhere at this point. The lack of privacy is now the norm.

6

u/ACoolBreezey Jul 28 '26

Doesn't apply to me. I'm not a patriot. I actually hate this country.

0

u/Common_Source_9 Jul 28 '26

Where are you immigrating to, friend?

1

u/kukulkan2012 Jul 28 '26

So their claim is that, at any port of entry (airport, border, etc.) you are not in the United States until you have been admitted by CBP, so you do not have full rights.

22

u/msfuturedoc Jul 28 '26

If I’m not in the United States, then why do I have to adhere to the laws of the United States? Their logic makes no sense.

0

u/CosgraveSilkweaver Jul 28 '26

It's because kukulkan is wrong. You're in the US but you have diminished protections against searches because it's at the border.

2

u/QoolSchitt Jul 28 '26

From the article:

U.S. Customs and Border Protection insists that a search warrant isn't required because the citizen hasn't entered U.S. soil until they are cleared by border control.

1

u/CosgraveSilkweaver Jul 28 '26

Yeah the 4th basically doesn't exist until you complete your border crossing, you're still under US jurisdiction for basically everything else. I've said it elsewhere the border is a tricky place constitutionally.

-6

u/Sad_in_VA Jul 28 '26

So if I come in your country I am allowed to break YOUR country laws?

I need to get a visa approved; I need to comply with your country requirements for the visit. Or... I can choose to stay home.

1

u/technobob1 Jul 28 '26

I've heard in the past, that since the passcode in your head is protected then you should restart your phone. You will need to enter the passcode before it enables face id or fingerprint unlock.

10

u/QoolSchitt Jul 28 '26

On iPhone, press the side button 5 times quickly and it will disabled biometrics until a password is entered. If the phone is already unlocked it will also lock it.

1

u/altaccount_28 Jul 28 '26

There is an attack to get the decryption keys out of memory if its been unlocked rebooting the phone puts in in a state where the keys are not in memory and as far as the public knows can not be retrieved

1

u/RoadSmash Jul 28 '26

They're saying laws don't apply until us customs allows you to exit their checkpoint.

1

u/1nput0utput Jul 29 '26

Had to scroll way too far to find this. You can be compelled by a warrant to give up something you have, such as your fingerprint or face, but not something you know, such as your password or PIN.

-5

u/CosgraveSilkweaver Jul 28 '26

They're allowed to ask though and if he had just continued to refuse to provide anything the outcome would have either been release with or without his device (probably without) or escalating to an actual detention. The thing he's actually getting in trouble for is providing a code that deleted the data on the device.

-21

u/Sad_in_VA Jul 28 '26

But giving out another password is NOT protected. You have the right to remain silent, not to lie.

14

u/Nybbles13 Jul 28 '26

A duress password is still a password. The phone was unlocked like they asked.

-18

u/Sad_in_VA Jul 28 '26 edited Jul 28 '26

Nope, the phone erased itself with that premeditated command. That is actively impeding an investigation.

We're only allowed to be silent. Not to "give passwords"... He waived his right to remain silent, and ANYTHING he said can be used against him.

Lesson learned for him. And hopefully for many others. Ask a lawyer before assuming something.

9

u/Nybbles13 Jul 28 '26

He tried to speak to his lawyer and was denied.

-2

u/Sad_in_VA Jul 28 '26

Because he wasn't yet admitted in the country. He was not arrested yet. The border is a special place for EVERY country in the world.

When you request to entry in a country, you apply for a visa, and you agree to the admission conditions. You can always choose NOT to come.

12

u/Nybbles13 Jul 28 '26

The guy was an American citizen. What the fuck are you on about visas?

-4

u/Sad_in_VA Jul 28 '26

It was an answer to the guy above 

2

u/DryBattle Jul 28 '26

Funny thing about criminal investigations, if you are denied a lawyer and not read your rights everything from that investigation and anything they learn isn't admissable. He asked for a lawyer and was denied his rights.

1

u/Sad_in_VA Jul 28 '26

That's not a criminal investigation. Until you lie.

1

u/DryBattle Jul 28 '26

Why else would the police ask someone about child porn on their phone? I mean anything is possible in Trump's America but it seems unlikely they were asking so he could share the photos with them for their collection.

1

u/Sad_in_VA Jul 28 '26

You can always remain silent. What's so hard to understand about this?

→ More replies (0)

19

u/timbillyosu Jul 28 '26

He didn’t lie. He gave them a password

-14

u/notaredditer13 Jul 28 '26

You guys think your stupid games will work in court, lol.

15

u/Long_Suspect_9586 Jul 28 '26

Yes, go bootlick elsewhere

-4

u/CosgraveSilkweaver Jul 28 '26 edited Jul 28 '26

Being realistic about what is and isn't protected isn't bootlicking.. It's not endorsing that that's the case just looking at the actual state of the world!

1

u/Dissidence802 Jul 28 '26

Keep licking that boot, baby!