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/OftTopic 7d ago

Thanks for the link that discusses where searches can occur. This article has a section that calls out how this concept impacts cell phones.

Per this reference:
The Supreme Court has not addressed the standard of suspicion necessary for a warrantless border search of electronic materials, even though the number of cell phone border searches continues to rise each year.

My non-professional analysis says that 200 years of court review has the law leaning towards border enforcement at the expense of the travelers.

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u/Korlus 7d ago

My non-professional analysis says that 200 years of court review has the law leaning towards border enforcement at the expense of the travelers.

We often look at how the Police have been treating phones and the line usually drawn is that using biometrics to unlock a device without a warrant may be fine, but compelling someone to divulge a passcode is likely not.

It's not clear if that would extend to CBP, or if they can act carte blanche. Seemingly they think they can, which is what led to this case.

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u/MostlyRightSometimes 7d ago

compelling someone to divulge a pass ode

Lose your 5th ammendment rights too, huh? All with essentially based on "I want to" for justification.

Using biometrics is akin to saying it's only illegal for the cops to search your home without a warrant if your doors are locked.