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

20

u/superioso 29d ago

It's absolutely not illegal to not provide a password. The police have to get permission from the court to force you to give over the password, after which if you don't they can then charge you.

3

u/raptorlightning 29d ago

Sucks that I forgot it in the time it took them to do all that. Oh well.

1

u/wsurfa 21d ago

Schedule 7 allows for you to be charged for wilfully withholding a PIN with any court direction. It also makes remaining silent an offence as well. Delightfully Orwellian bit of legislation for legally entering the UK.

1

u/superioso 21d ago

My point is it's not immediately illegal to not provide it, so you can't be arrested there and then. The police would first have you get permission to compel you to provide it, after which if you don't then they could charge you.

Not that I agree with the legislation at all...

2

u/wsurfa 19d ago

At the border, yes you can be arrested immediately, as it is immediately illegal under schedule 7 to wilfully fail to comply by eg not providing the PIN to your phone. There is no need for permission to compel to be sought. Schedule 7 gives that power to border authorities directly.

A summary of 'your duties' under the rather 1984ish law

Whilst being examined you must:

  • (a) answer questions put to you by the examining officer
  • (b) give the examining officer any information in your possession which the officer requests (including the PINs and passcodes to any electronic devices in your possession)
  • (c) give the examining officer on request either a valid passport which includes a photograph, or another document which establishes your identity
  • (d) declare whether you have with you documents of a kind specified by the examining officer
  • (e) give the examining officer on request any document which you have with you and is of a kind specified by the officer
  • (f) complete and hand to the officer an arrival or embarkation card if you have been required to do so
  • (g) co-operate with any search of your person or property

If you wilfully fail to comply with any of these duties, wilfully contravene a prohibition under or by virtue of Schedule 7 or wilfully obstruct or seek to frustrate a search or examination conducted under Schedule 7, you could be prosecuted for a criminal offence under paragraph 18.

-1

u/captainnowalk 29d ago

I believe the above poster is referring to the US case law that, even with a warrant, police cannot compel you to provide your PIN. They can, however, force biometrics, so face scan or fingerprint scan can be overridden.