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solid_fueltoday at 7:36 PM3 repliesview on HN

It may be fun to fantasize about these things some times, but there is no technical solution to tyranny. Laws are not like code, intent matters. Ultimately if the intent is that the government wants to see your private data, hiding it in any way will be charged - it doesn't matter if you jump through hoops to avoid this specific instance.


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Zaktoday at 7:48 PM

This is a half-truth. In a full banana republic, technical compliance with the law will not prevent consequences for failing to do what the authorities want. In a jurisdiction with perfect rule of law, it always will. The USA is somewhere in between.

One of the laws that's enforced pretty well in the USA is the protection against unreasonable search. Most of the time, a search requires showing a judge evidence that the search is more likely than not to reveal evidence of a crime. Exceptions are narrow and specific; the government's options to punish someone who refuses to decrypt data at the border are limited to brief detention and seizure of the medium.

Not yet tested is the idea that erasing data on the spot satisfies the purpose of the border search exception, which is to prevent importation of things that are illegal to import. This case might address that question.

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XorNottoday at 8:36 PM

Normally I agree, but making the implementation initially ineffective is a good way to complicate more far reaching measures.

Americans aren't standing up against this, but they might have considerably more interest if the government was instead trying to ban encrypting data in cloud storage for everyone.

There's also just the fact it's ridiculous I can't have a spare phone ready to go in a few minutes and get it back exactly as I left it.

tamimiotoday at 8:18 PM

Yes, trying to solve a regulation or legal issue by some technical workaround will never work, you have to fight it at the same level, legally, or system-wise, otherwise, you will be like the person who tries to wash the stairs from the bottom all the way up, it rarely works, you gotta go up to down, collectively go against the matter rather than individually duct taping it for your own specific needs. In that example, it won’t be far fetched the same ones who made it illegal to wipe your phone to make illegal to install xyz OS or using abc protocol, in fact, that’s exactly what they are trying to do under the disguise of “protect the kids” and going after encryption or similar privacy related issues.

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