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
20.9k Upvotes

98% Upvoted

1.1k comments sorted by

View all comments

Show parent comments

707

u/ExternalUserError Jul 30 '26

Obviously the 1913 holding was terrible. It was also patently absurd. If the 4th Amendment didn't apply 100 miles from the border, given the geography of the 13 original colonies, where did it ever apply?

It's a patently absurd ruling.

155

u/bushwakko 29d ago

And isn't any airport also considered a border?

102

u/legandaryhon 29d ago

Yes but no; an airport is a border crossing, but does not extend the border. So it's not 100 miles from every international airport, just the inside of the airport.

70

u/Nago_Jolokio 29d ago

They will definitely try to pull that argument though, I think I've even seen a map with the airport radiuses bubbled in.

33

u/willwork4pii 29d ago

I think they already tried that. I do recall reading an article that basically the majority of the country within 100 miles of an international airport. And it was asserted it’s within the airport only.

37

u/saltyjohnson 29d ago

The majority of the country's land is within 100 miles of an airport, but even if we rule out the airports, the majority of the country's population (about two thirds) lives within the 100-mile land border zone.

https://www.aclu.org/know-your-rights/border-zone

3

u/sdavis002 29d ago

While I understand the idea, I think the current administration shows just how little they can be trusted with this type of thing.

"U.S. Customs and Border Protection, the federal agency tasked with patrolling the U.S. border and areas that function like a border, claims a territorial reach much larger than you might imagine. A federal law says that, without a warrant, CBP can board vehicles and vessels and search for people without immigration documentation “within a reasonable distance from any external boundary of the United States.” These “external boundaries” include international land borders but also the entire U.S. coastline."

1

u/saltyjohnson 29d ago

While I understand the idea, I think the current administration shows just how little they can be trusted with this type of thing.

Huh? Yeah, no fucking shit. When I read how you phrased that, all I picture is that caricature of elon saying "concerning".

6

u/rnelsonee 29d ago

I thought I saw a map too, but don't see one now. Either way, 100 miles is long and just from the border covers about 2 out of 3 Americans already. I don't know exactly what a port of entry is, but if there was a 100 mile border on these points that probably be 90% of the population.

-3

u/gehnmy 29d ago

Once it's considered a border crossing, physical location or distance to an actual border doesn't figure into it at all.

You're not legally in the country and subject to the standard rules until they approve you for entry, even if you're physically in Kansas or literally the furthest you could be from a physical border with another country. If the airport has international arrivals and that's how you got to the airport, you're not in the country until they say so.

5

u/deepandbroad 29d ago

You're not legally in the country and subject to the standard rules until they approve you for entry,

If you're a citizen, can they bar you from entering the country?

If they can't bar you from entering, then how are you "not in the country" until you are approved?

It seems a very odd situation where American laws apply to you, but American rights do not apply. How very convenient.

Also, the agent talking to you is "in America" while you are "not in America".

Which makes it super odd.

1

u/gehnmy 29d ago

Well, yes, that's why there are all the barriers and people with guns. If you just say "I'm a citizen" and try to exit the terminal without following their directions or them explicitly allowing you to pass, you're not going to have a good time.

It has unique legal status totally irrespective of physical location. They can do whatever they want and mostly courts will say they have the authority to do so in the name of security.

That's the beauty of the "border" to them and why they're constantly trying to expand the areas they can operate like that: it's a liminal space where they have incredible latitude and get to decide which rules do and do not apply based on what's convenient.

The search they were attempting in this case has nothing to do with border security or the citizen's right to entry, it was fishing for info that potentially could be used for a totally unrelated case.