A U.S. citizen has asked a court to throw out the government's claim that he gave over a passcode to border authorities that wiped his phone's data, opening up fresh questions about a person's constitutional rights at the U.S. border.
Prosecutors later charged Tunick under a federal statute that makes it unlawful to knowingly destroy or damage property to prevent authorities from seizing it. Tunick has pleaded not guilty.
Security experts also said they had not seen charges brought in this way before.
“With a little planning ahead of time, you can always download the data you need once you get to where you’re going,” said Sandvik.
Zip it with a password. Upload it a couple of places, download it when you get home. Simple as. Anyone can do it.
Yes. Like every time someone says “oh just do X because you have device Z” and you ask, “ok, but what about if I have y” and people come out of the woodwork to downvote you because you don’t own device Z, you own device R.
When it is said that anyone can do x, I generally take that to mean that the means and methods are available to everyone if they cared to look, not that everyone already knows how to do that thing.
Try thrift shops and eBay. I converted all my tapes, but still need to hang onto my vcrs because various friends and relatives keep asking me to convert.
Yeah like one time I called her “Mom, what about ‘[Local Grocery Store]’?” she didn’t even stop to question why I was asking she just went on “I was looking up their phone number on the computer but the computer didn’t do what I told it to, it just showed me all my friends posts instead.”
Android doesn’t have as easy an option. iPhone users if they pay for iCloud storage would just wipe the device and when they get to their destination with wifi restore via iCloud.
If they don’t pay for iCloud storage they can still go to transfer or reset and kick off a temp storage where it’ll back up their whole phone for 21 days so once backed up they can wipe it an restore later. (It was designed for if a device needs to be dropped off for repair or traded in, but it would work for this as well)
The thing is, data isn’t just property. It is also speech. The right to remain silent is so fundamental to the legal system that a whole case can be thrown out if you are not reminded of this right while being arrested.
You have a right to remain silent but you don’t have a right to lie. This is super important legally. If you’re asked “what is your device pin” and you say nothing you’re OK, but if you say “my pin is 12345” and that’s actually your duress PIN then you can be in trouble for that.
I was speaking more broadly about the constitutionality of being charged under a destruction of property statute. In a sense, deleting your data is choosing to remain silent.
My iPhone is backed up in the cloud and it’s a matter of minutes to restore it, though the data can take longer to appear. It’s not a real big deal for me to lose my phone, cost aside.
Zip it with a password. Upload it a couple of places, download it when you get home. Simple as. Anyone can do it.
Are you sure? My mom can’t tell the difference between posting on Facebook and doing a Google search.
This site has an insane amount of people who don’t understand how inept the average person is at using technology.
Yes. Like every time someone says “oh just do X because you have device Z” and you ask, “ok, but what about if I have y” and people come out of the woodwork to downvote you because you don’t own device Z, you own device R.
When it is said that anyone can do x, I generally take that to mean that the means and methods are available to everyone if they cared to look, not that everyone already knows how to do that thing.
Yes, and thank you.
My Mom’s VCR says the time is 12:00.
Can you mail it to me? I could really use it. I have like 1,000 VHS tapes and both my VCRs died.
Try thrift shops and eBay. I converted all my tapes, but still need to hang onto my vcrs because various friends and relatives keep asking me to convert.
tell her to search google for her secret, then when she gets home, ask her friends
Yeah like one time I called her “Mom, what about ‘[Local Grocery Store]’?” she didn’t even stop to question why I was asking she just went on “I was looking up their phone number on the computer but the computer didn’t do what I told it to, it just showed me all my friends posts instead.”
I’m 40 and I have no idea how to do that. I could Google it but am too lazy
Android doesn’t have as easy an option. iPhone users if they pay for iCloud storage would just wipe the device and when they get to their destination with wifi restore via iCloud.
If they don’t pay for iCloud storage they can still go to transfer or reset and kick off a temp storage where it’ll back up their whole phone for 21 days so once backed up they can wipe it an restore later. (It was designed for if a device needs to be dropped off for repair or traded in, but it would work for this as well)
I’m 38 and I do it. Level-up, Grandpa. Your age can’t be your excuse forever. And we say young people don’t like to read, fml…
The thing is, data isn’t just property. It is also speech. The right to remain silent is so fundamental to the legal system that a whole case can be thrown out if you are not reminded of this right while being arrested.
You have a right to remain silent but you don’t have a right to lie. This is super important legally. If you’re asked “what is your device pin” and you say nothing you’re OK, but if you say “my pin is 12345” and that’s actually your duress PIN then you can be in trouble for that.
I was speaking more broadly about the constitutionality of being charged under a destruction of property statute. In a sense, deleting your data is choosing to remain silent.
Well, they didn’t ask for the non-duress pin…
Technically, the agent who entered the code should be in trouble.
My iPhone is backed up in the cloud and it’s a matter of minutes to restore it, though the data can take longer to appear. It’s not a real big deal for me to lose my phone, cost aside.
Why zip it? Just use end to end encrypted remote storage
sir, your phone… SIR
“Just 20 more minutes, officer… also, what’s the wifi password in here?”