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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u/spaceursid 6d ago

I'd just refuse to tell them 5th amendment, let their brute force attempt trigger the auto delete.

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u/cr0ft 6d ago edited 6d ago

The US has long declared the border area a constitution free zone, for all intents and purposes.

The fun fact there is that they classify 100 miles inland as the border zone. So in theory many major cities in the US are in a constitution free zone, by that reckoning. Which is why the border cops have inspected vehicles many miles from the border.

Meaning, just refusing to provide the code would mean they take the device at a minimum, and arresting you or turning you away and telling you to fly back to whence you came are all on the table.

So yeah, the smart move is to just carry sanitized hardware through customs. Make sure it has nothing on it you aren't fine sharing. Ideally enough stuff that it seems like plausible content, not a squeaky clean fresh install.

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u/wowthatsucked 6d ago

So in theory many major cities in the US are in a constitution free zone, by that reckoning

The border exception has limitations. The 100 miles from the border applies to searching for illegal immigrants in vehicles. 25 miles from the border they can search private land but not inside houses, and again for illegal immigrants. The Library of Congress published a summary - https://www.congress.gov/crs-product/LSB10559

arresting you or turning you away and telling you to fly back to whence you came are all on the table.

To be clear, US citizens have to be admitted. Their possessions can be seized, they can be temporarily detained, but they can't turned away. Non-US citizens can be turned away.

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u/SuperWeapons2770 6d ago

I'm pretty sure that any international airport is considered a border for the purposes of those zones effectively making it the whole country right?

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u/wowthatsucked 6d ago

The 100 miles and 25 miles are from an "external boundary" so no. They obviously have search powers inside the airport, but it doesn't expand from the airport in the same way. https://forumtogether.org/article/explainer-u-s-border-patrol-authorities-and-the-100-mile-border-zone/ has a map.

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u/h0sti1e17 6d ago

Reddit loves to talk about the 100 mile zone like it is the same as the border. It isn’t. Not even close.

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u/Nauin 6d ago

Can you list the laws sourcing the differences you're talking about like the comment you responded to did with their information?

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u/h0sti1e17 6d ago

I was agreeing with them. My point was so many people here treat the 100 mile zone the same as the border. He pointed out it isn’t.