Replying to an earlier post

To be fair, a duress pin is definitely a good thing to have if you’re being mugged, but using it to deliberately destroy data when it’s been seized by a lawful authority is guaranteed to land you in serious trouble pretty much anywhere. Whether the border agents were, in fact, a lawful authority, and whether they had a lawful reason to seize his phone are very different questions.

The much more sensible approach is to either have a separate phobe for travelling, that has nothing you care about on it, or wipe your phone before you travel, and spend a little time building up an innocuous history on it, without putting anything you care about on it. Anything you absolutely must have access to while you’re away can be stored, encrypted, online, and you can remember the details to retrieve it.

Replying to an earlier post

Whilst, yes, he probably did feel under duress, he had a choice to make; hand over the phone, or wipe it and face the repercussions from doing so. Bear in mind, that from the agent’s point of view, they had the lawful right to search his phone, so arguing duress will be tricky at best. In his position, I’d like to think I was comfortable handing over the phone because I’d wiped it before travelling.

Having said all that, yes, I agree that his defense has some strong arguments. However, if they decide to make an exame of him, those arguments wont do him much good.

Replying to @⁨notabot@piefed.social⁩

While I am not entirely disagreeing, I have to a bit for anyone that can’t bring themselves to say it (all sides should be heard).

I may have misread but I don’t think he typed the PIN, as far as I understood they had already taken the phone and were insisting he give them the PIN without any access to a lawyer. Not only did he not wipe it, he only gave them the ‘I’m in duress’ PIN because he felt he was, if I’m on the jury it’s innocent until proven guilty beyond a reasonable doubt.

Replying to an earlier post

I don’t think the difference between him physically triggering the wipe and him giving them the code that triggered the wipe would have much effect from a legal point of view. In both cases he deliberately took an action he knew would lead to the destruction of the data. I think his defense’s approach of challenging the legality of the stop is probably much safer.

I suspect that the prosecution would like to set precedent that you can’t claim to be under duress when a lawful authority is performing a search, so the defence staying away from that area is probably a good idea.

en