alt Hacker NewsIf you initiate a wipe before approaching immigration, which swaps the whole phone contents to an encrypted backup that you physically can't decrypt without a key that (say) a friend knows. Then you would be offering immigration the device in an unaltered state between when they request it and when they receive it. Any request for an alternative pass code or whether the pass code given will alter the state of the device can be honestly answered.
I am curious if this is still obstruction - you still defeated their intent. If the law is just about intent, you can never defeat it.
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" If the law is just about intent, you can never defeat it."
Yeah I think that's what people are missing. Intent is almost sufficient. Note that the officers efforts to examine your device would actually be frustrated by what you and others are proposing. So you are not just intending to obstruct but successfully doing so.
How is this legally different from just not unlocking your phone? Which in this scenario seems like it'd be fine.
This case has a very specific legal framing to it, but border agents don't actually need anything more than suspicion to keep you locked for a day or two.
Then it could last a lot longer. Technically they don't have the right to do that, but you won't have any physical mean to enforce your rights, and suing afterwards won't lead you anywhere in the current climate.
We'e had a few of these stories in HN before.