Perhaps a way to avoid this would be to have the duress pin trigger not a device wipe, but a device encryption with a long, pre-set key that you would store in a safe place when setting up the duress pin. Then you haven't destroyed the evidence, but the data is irretrievable without your cooperation. Also, if you don't actually have the key saved, it would in fact be destroyed, but the prosecutor would have to prove that you don't have the key saved somewhere.

▲

kdheiwns 12 hours ago | parent | next [-]

This is one of those things the other comment calling the law "non-autistic" is referring to. In the eyes of 99% of people, it's functionally the same thing. "Well teeeecccchhhhnicallyyyyyyyy I still have the data..." isn't going to make the security workers at the airport slap their heads and say "damn, he really got us! Go on through!"

No. They'll arrest you just the same for obstructing their search. Then they'll keep you in detention for a long time while you say "I can unlock it for you! You just have to let me out!"

You can pretend you have leverage and say they need to cooperate with you. But once you're detained, police and prosecutors don't really care about cooperation anymore. Their idea of cooperation is you giving them what they want immediately without question. You're made into an example if you don't abide.

▲

thecrash 11 hours ago | parent [-]

You are incorrect, US border patrol can not arrest you for refusing to decrypt your phone (if you are a citizen). It is not considered obstructing a search to refuse to provide a password. This is not "autistic" speculation about legal technicalities, there are many many examples which support this. The worst they can do is seize the device.

▲

kdheiwns 10 hours ago | parent [-]

You're free to test them. See what they do when you say "it's not deleted. It's just inaccessible until I cooperate." Because it's identical in their eyes. People who confidently say "the government can't do that" rarely have a good day. They end up sharing a cell with the person in the article this discussion is about.

And we're living in an era where immigration enforcement can shoot Americans without penalty. It just makes the claims that the government can't arrest someone come across as naive.

	▲	LtWorf 8 hours ago \| parent [-]
		That's precisely what happens in totalitarian states, which the USA has been for a while now, but the propaganda keeps telling how much freedom there is so people didn't even notice.

▲

rafram 11 hours ago | parent | prev [-]

The entire point of modern encryption is that the encrypted data should be indistinguishable from noise until you have the key in its entirety. Turning your data into random noise (whether or not there’s a secret code somewhere that can reverse the process) is destruction.