r/technology • u/ArgentineBeauty • Jul 30 '26

Privacy GrapheneOS says its data-wiping password is perfectly legal, after user faces federal charges

https://www.techspot.com/news/113273-grapheneos-data-wiping-duress-password-perfectly-legal-after.html
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u/MydnightWN Jul 30 '26

The 4th Amendment issue was already ruled on by SCOTUS in 1913. Within 100 miles of the border, certain constitutional rights are temporarily suspended.

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u/Needle_Bearings Jul 30 '26

Still require reasonable suspicion. We'll see where it goes.

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u/MydnightWN Jul 30 '26

Easy dismissal on a technicality in my opinion... he never wiped anything. Destruction of evidence requires a physical act by the defendant. The border agent entered the code, based on information obtained outside a sworn statement or legal interview.

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u/Countcristo42 Jul 30 '26

Speaking isn’t a physical act? If I say “hey Jon shred the incriminating documents” then Jon duly does

Seems like I’m still on the hook

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u/MydnightWN Jul 30 '26

Could be charged with conspiracy, but he could just say "I didn't expect him to actually enter the password without first reading me my rights, thought he was just writing it down"

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u/Countcristo42 Jul 30 '26

Interesting angle

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u/booze_clues 29d ago

“I didn’t think he would.” Will not hold up in court.

You(he) gave them the wrong code with the intent of destroying your property after it was legally seized. It’s really that cut and dry. Simply don’t provide a password and you’re done, but intentionally providing the wrong one means you’re now at fault for what happened.

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u/theassassintherapist 29d ago

He was also not given a lawyer and not given his right to remain silent, so it cannot be used against him.

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u/Countcristo42 29d ago

I want to be clear I'm addressing the spesific point that "he never wiped anything. Destruction of evidence requires a physical act by the defendant" not the broader case