c/privacy · by zabadoh@ani.social · 17d

A U.S. Citizen Deleted His Phone’s Data (via duress passcode). Now He Faces a Felony Charge.

https://www.nytimes.com/2026/07/28/us/duress-password-phone-wipe-charge.html?unlocked_article_code=1.1lA.yJp0._yeqMlTs-K0m

124 points · 37 comments · view on lemmy.world

37 Comments

ToiletFlushShowerScream@piefed.world · 52 pts · 17d (9 replies)

A citizen not under arrest? How is that destroying evidence?

zabadoh@ani.social · 38 pts · 17d (7 replies)

They destroyed their own private information that might prove them guilty of a crime during an unreasonable search and seizure, therefore they're guilty of a different crime.

No entrapment at all.

Oh, and it wasn't even the person, it was law enforcement that erased the person's phone through arguably careless handling.

/s in case it isn't obvious.

ToiletFlushShowerScream@piefed.world · 23 pts · 17d

Hopefully it goes in front a judge who sees this as the harassment it clearly is. Thanks for posting

Krusty@quokk.au · -21 pts · 17d (5 replies)

Why do people talk this way?

It's weird. Passive aggressive. Psychological issues?

deliriousdreams@fedia.io · 7 pts · 17d (4 replies)

Out of curiosity, what is weird about it?

Krusty@quokk.au · -7 pts · 16d (3 replies)

Go read a book.

deliriousdreams@fedia.io · 7 pts · 16d (2 replies)

Which book?

Krusty@quokk.au · 0 pts · 16d (1 reply)

How to win Friends and influence people by Dale Carnegie

far_university1990@reddthat.com · 1 pts · 12d

If we had friend we would not be here.

XLE@piefed.social · 15 pts · 17d

You're not alone with this assessment. And what's more interesting...

“Many times the government wants to highlight what it was trying to investigate because that ups the stakes on what the defendant was doing,” Professor Richman said. “This is a case where I think they’re trying to avoid exactly that by focusing only on the destruction, and not what the investigation was about.”

fodor@lemmy.zip · 24 pts · 17d

Bad Times. He didn't erase anything. The pigs erased it.

Archangel1313@lemmy.ca · 20 pts · 17d (10 replies)

So, what I'm taking away from this is...just refuse to give them your passcode, ask for a lawyer, and shut the fuck up?

deliriousdreams@fedia.io · 31 pts · 17d (9 replies)

He asked for a lawyer. He was denied, repeatedly.

Archangel1313@lemmy.ca · 18 pts · 17d (7 replies)

That's where shutting the fuck up becomes a matter of survival. Give them nothing until your lawyer gets there.

greencoil@lemmy.frozeninferno.xyz · 11 pts · 17d (3 replies)

So exactly how long do you think you are supposed to stay silent before the cops decide your magically free to go, or in your fantasy land, they begrudgingly let you speak to a lawyer? Is it before or after the wrench method of obtaining passwords comes into play?

Archangel1313@lemmy.ca · 7 pts · 17d

Why would saying anything get you out any sooner? Do you think the guy in this story was better off for talking to them?

huey_m@piefed.social · 5 pts · 17d

So exactly how long do you think you are supposed to stay silent

Until you talk to a lawyer.

quick_snail@feddit.nl · 2 pts · 17d

Usually it just takes hours to weeks.

deliriousdreams@fedia.io · 3 pts · 17d (2 replies)

I too am a proponent of "shut the fuck up" Friday, but Border Control (ICE) can just detain you and have you asking for a lawyer for days or weeks while denying you that right? I find that incredibly concerning.

Shutting up would have helped him in the event that he eventually did get a lawyer, but on the other hand, this isn't just a case of a regular police department holding a guy. They were on a fishing expendition and they literally denied him his right to a lawyer.

Zedd_Prophecy@lemmy.world · 3 pts · 17d

He would have gotten himself a physical beating or detained indefinitely. We have no rights at the moment.

Archangel1313@lemmy.ca · 2 pts · 17d

Not talking to the cops isn't the "right" that's protected by due process. The right to due process itself, is. Not talking to the cops is just the one thing you can do to protect yourself from potentially giving them more information to use against you.

Obviously, if they're going to beat the shit out of you for not talking...tell them whatever will make them stop. Self-preservation is your first priority.

But, unfortunately, if they don't respect your rights in the first place, then they're going to do whatever they want with you, anyway. For all you know, if what you say doesn't hurt you, it may end hurting someone else instead. So, talking to them can only make things worse in the long run. You helping them, doesn't help you or anyone else.

Sunshine@piefed.ca · 8 pts · 17d

This case is sketchy as hell!

zabadoh@ani.social · 13 pts · 17d (5 replies)

I'd never heard of a "duress code" app, but it makes a lot of sense.

Zetta@mander.xyz · 30 pts · 17d (3 replies)

Its not an app, its a feature of GrapheneOS. The most secure mobile os, sadly it only supports Google pixels, but for good reason. Pixels are the only android phones with hardware features up to their security standards.

Highly recommend GrapheneOS, been running it for years, gets Google out of all your personal data as well.

birdwing@lemmy.blahaj.zone · 12 pts · 17d (2 replies)

Not just Pixels, soon they'll also support Motorola.

One major thing withholding me from buying one is that I find it difficult to reconcile privacy with that company, considering it's US-based (and thus subject to the CLOUD Act) and Chinese-owned (thus making me wonder whether the Chinese government can affect it).

Currently, I trust China more than the US government, but neither is great. The EU is comparatively more reliable, and the Nordics even more. I'd prefer a Fairphone with iPhone/GOS level of security.

who@feddit.org · 8 pts · 17d (1 reply)

they’ll also support Motorola.

Motorola (the company whose name and reputation has been well known for decades) no longer exists. Its successor is called Motorola Solutions, and it's not the company making the upcoming GrapheneOS phone. That device is coming from Motorola Mobility, which is a completely separate company, owned by China's Lenovo.

thus making me wonder whether the Chinese government can affect it

They absolutely can. And, since they have the means, the incentive, and no reason to fear repercussions, they probably will. The questions on my mind are how they will affect it, and who will find out.

I hope the hardware and firmware features used by GrapheneOS will become common some day. I think Sony's Xperia line comes close. Perhaps the GrapheneOS maintainers should talk with them next.

birdwing@lemmy.blahaj.zone · 3 pts · 17d

Honestly, it'd be nice if Fairphone had better security. If that were the case I think there's not much of a question what to pick.

Truscape@lemmy.blahaj.zone · 9 pts · 17d

It's a native function of grapheneOS, as a "second passcode".

Sunshine@piefed.ca · 13 pts · 17d (2 replies)

Don’t visit the fascist USA

zabadoh@ani.social · 1 pts · 17d (1 reply)

Well, at least don't visit the fascist parts, which aren't all that nice anyway.

phoenixz@lemmy.ca · 2 pts · 17d

So don't visit any of it, then?

zabadoh@ani.social · 5 pts · 17d (3 replies)

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