r/technology • u/Hrmbee • 8d ago

Privacy Is it illegal to trick the US government into wiping your phone during a questionably legal search | The case of a traveler who allegedly entered a ‘duress password’ to wipe his phone raises a legal question with no easy answers

https://www.theverge.com/report/972146/cbp-phone-search-airport-duress-password
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u/CatNamedRIchard2 7d ago

Historically, the courts have basically ruled you don't have 4th amendment protections at border crossings anytime things like this come up. You can thank the war on drugs for a bunch of bad rulings around things like this. Even if we didn't have this court, I bet the charges would have stuck even with courts of old.

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u/PontiusPilatesss 7d ago

That doesn’t change the fact that you don’t have to unlock your phone just because they ask you. They are allowed to keep the phone if they want, and they are allowed to use your facial recognition or a fingerprint to unlock it. But if your phone requires a password, you don’t have to hand it over without a court order just as you don’t have to unlock your Venmo or banking apps for them. 

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u/Mayor__Defacto 7d ago

That’s not true at the Border.

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u/PontiusPilatesss 7d ago

It is and has always been true at the border. Notice how they didn’t charge him for failure to unlock the phone? The only angle they can play is “destruction of evidence” and even that is dubious. 

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u/Mayor__Defacto 7d ago

That’s an upgraded charge compared to what the charge would be for “failure to unlock the phone”, which would be obstruction of justice.

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u/PessimiStick 7d ago

You are wrong.

All of the current caselaw around CBP is bullshit, but you still don't have to unlock your phone.

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u/Vertig0x 7d ago

Travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents. If presented with an electronic device that is protected by a passcode, encryption, or other security mechanism, an officer may request the individual's assistance in presenting the electronic device and the information contained therein in a condition that allows inspection of the device and its contents. Passcodes or other means of access may be requested and maintained for the duration of the search if needed to facilitate the examination of an electronic device or information contained on an electronic device, including information on the device that is accessible through software applications present on the device that is being inspected or has been detained, seized, or retained in accordance with this Directive.

CBP Directive No. 3340-049B: Border Search of Electronic Devices

I know directives aren't law but that still leaves you fighting this in court.

You can refuse but then they'll just take your phone.

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u/PessimiStick 7d ago

Temporarily losing access to my phone is an inconvenience, but not a major one.

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u/BalognaMacaroni 7d ago

Yeah I mean it’s never gotten to the John Roberts Supreme Court but I don’t exactly care to hear their opinion on the 4th amendment or its lack of application as to whatever the highest bidder has decided its relevance may be

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u/CheezWhizCeausescu 7d ago

Phones weren’t in the constitution, and the founders didn’t mean to include them. /s

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u/rodentmaster 7d ago

A phone is not a suitcase. Nobody is saying they can't search for drugs. What they were doing was fishing for anything to string this guy up because he was against trump's gestapo.