This is not mysterious. You do not have to unlock your phone if it uses a password which is something you know, but you cannot delete your data. This has always been a well known rule.
Yeah and it’s even more stupid for him to be giving out interviews right now defending his actions. If I was him I would shut up in public and tell prosecutors that I was under extreme stress and pressure of the detainment and accidentally mixed up the real password with the duress password. The government can easily prove all elements for
obstruction of justice“destruction or removal of property to prevent seizure” here, except for intent.Would having a duress password at all be what they need to prove intent? Did he go out of his way ahead of time to set it up or is it part of the setup process of the OS?
I think stuff like that would be up to the jury to decide. If I was on that jury I definitely wouldn’t consider just having a duress password to imply intent of “knowingly preventing the Government to take property into its custody”, especially since GrapheneOS doesn’t really mention state actors in its FAQ. It would be reasonable for him to claim that he enabled this feature to protect himself from illegal searches or kidnapping, and accidentally gave the wrong answer to the cops.
But reading the OP interview it seems to me that he is almost admitting that he wiped the phone intentionally, tipping the scales significantly. Is it “beyond reasonable doubt” that he intentionally gave the duress password now? Maybe.
it seems to me that he is almost admitting that he wiped the phone intentionally,
Seems like he’s trying to change the system, to do a public good, rather than only escape his conviction.
I appreciate that they challenge the system, even if it’s not individually advisable and at significant personal risk.
My understanding is that he is not the person who deleted the data, the agent did it by entering the pin. That’s an interesting wrinkle. Is that materially different than entering the wrong pin 10 times which often also wipes the device?
Nah, it doesn’t change anything. The statute says
Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both.
It’s clear that if he intended to wipe the phone and told the officer a password which would erase the contents, he “knowingly took an action for the purpose of preventing the Government’s lawful authority to take such property into its custody”.
That’s why you write the duress pin on a note and “hide” it poorly inside the phone case.
Honestly yeah, that’s the best solution if you want to do something like this.
The problem. You cannot lie to an agent, but you can remain silent. Your also taking an action with a known consequence and an action that is not allowed.
I want to see the agent’s proof that he entered the pin correctly
but you cannot delete your data
Said who?
