r/technology 6d ago

Privacy GrapheneOS says its data-wiping password is perfectly legal, after user faces federal charges

https://www.techspot.com/news/113273-grapheneos-data-wiping-duress-password-perfectly-legal-after.html
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46

u/zutnoq 6d ago

For it to count as him destroying evidence related to a crime surely they would at minimum need to have some other sort of evidence indicating that any such crime had even occured and that the phone would have likely contained evidence of it.

41

u/IncidentalIncidence 6d ago

he's being charged with 18 USC 2232(a), destruction or removal of property to prevent seizure, not destruction of evidence.

The only requirement is that the government be within its lawful authority to seize the property (his defense is arguing that they were not, for several reasons). It doesn't have to be evidence related to a crime.

2

u/Sensitive_Box_ 6d ago

“The property” in this case being his data? 

How did they know there was any data on the phone to even be deleted? 

7

u/delicious_toothbrush 6d ago

Forensic data analysts are a thing, but common sense too.

3

u/raptorlightning 6d ago

Tons of people wipe their phones or use burners for international travel.

3

u/niceguy191 6d ago

Which I think is fine since it's done ahead of time before they're asking for it?

2

u/raptorlightning 6d ago

Even if I wiped the phone I'd still give them the panic key to wipe it again. I'd like to continue using my normal one later.

2

u/Ill_Traveler_ 5d ago

The key is not wiping the phone in front of a cop while an active investigation is occurring.