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Comment by nkrisc | Hacker News Reader

I don’t think that would fly as a defense in court.

>I don’t think that would fly as a defense in court

but that's not the point, the point is to not wind up in court by presenting a phone that no long contains evidence but seems plausibly like your phone so doesn't arouse suspicion

> by presenting a phone that no long contains evidence

Evidence Tampering

https://xkcd.com/1494/

Yeah if they can catch you and prove it.

Even if they can’t prove it, they can make your life really miserable for quite a while.

If it was implemented in such a way, there would be no reason to suspect anyone of using it because it would be totally indistinguishable from not having used it. At that point they have no grounds for legal action. Unless they could monitor FS/disk activity, but that goes beyond typical airport security stuff.

I'm imagining a duress code that erases select files and any indication that there was ever a duress code set up in the first place.

As soon as that starts, authorities will charge people just for having GrapheneOS. There are 0 checks and balances right now, it's a free for all.

As things stand right now, software is 1-A protected speech. I'm not sure how long that will be the case with growing authoritarianism, specifically wrt to tech, on both sides of the aisle. I am concerned it may be considered probable cause though -- like how you can legally have an ax in the bed of your pickup but it's a free pass for a cop to search your vehicle if they're so inclined -- but really, they can manufacture probable cause for anyone if they want so it's kind of moot. You may be attracting unnecessary attention though if you've got "GrapheneOS" on your lock screen. But this goes back to my original point, they still have to catch you in the first place.

> As things stand right now, software is 1-A protected speech. I'm not sure how long that will be the case with growing authoritarianism

Setting aside the now-regular attacks by the state on traditional 1st amendment rights (demonstrating, journalism, criticizing the government):

Authoritarianism's disregard for the 1st amendment doesn't stop just because one potential legal technical interpretation maybe says they should.

(1) Keep manufacturer's Android plus some plausible apps and data in a reserved part of the drive. (2) GrapheneOS runs from the other part of the drive. (3) Make sure PIN screen designed to not give away the OS. (4) When duress PIN is entered, erase GrapheneOS and restore manufacturer's Android. (5) Now you won't be charged for having GrapheneOS because they won't know you had it.

given: evidence tampering

goal: not getting caught

their need: evidence of tampering

He’ll just have to pray the scene wasn’t recorded and his real PIN was one digit off

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