posted in Technology

the GuardianUS government targets Cop City protester over phone operating systemConcern over US effort to prosecute Sam Tunick, accused by authorities of wiping his phone using GrapheneOS

Replying to @⁨beep@piefed.world⁩

Tunick asked four times during the interrogation to speak with a lawyer, but was rebuffed each time, according to courtroom testimony. Additionally, the agents produced no warrant and did not read Tunick his rights.

If he’s not even accused of a crime, how is wiping his phone “destroying evidence”? What is the crime being committed here? You are allowed to wipe your own phone, and technically he didn’t even do that.

Furthermore, asking a suspect for their passcode is bargain basement police work. Being surprised when this doesn’t work seems pretty incompetent. I think they’re throwing the book at him because they fucked up.

Replying to @⁨wuffah@lemmy.world⁩

No, they’re throwing the book at him to make a statement.

Their argument, which is stated in the article, is that since he was not in the US (you are not considered in the U.S. until you go through border protection, even if physically here), US rights and protections don’t apply.

Similarly, this isn’t destruction of evidence they are charged for. It is destruction of property to prevent seizure. Which is a bit awkward because that’s a law in the US, but he isn’t in the US yet…?

Of course, it’s all bullshit. We all know this, but this is going to set a very dangerous precedent if it sticks.

Replying to @⁨douglasg14b@lemmy.world⁩

And being “in the US” or not doesn’t have shit to do with it anyway. Yes, CBP gets some special powers at the border, like warrantless search, but whether you are before or after passport control does not determine whether or not you are subject to the laws of the US, with, again, the exception of the special powers granted CBP that do reduce some protections you would normally have.

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