Not that I plan ever setting foot inside the US again but if I did I would delete all my texts,pictures and emails on my phone just to mess with those fools.
Well, at least they owe her for a new phone, because the one they returned is potentially backdoored. Plus four months of inconvenience, which is worth something. Plus punitive damages, typically a 3x multiplier. Plus perhaps a claim for racial and/or religious discrimination. Maybe $1 million or so.
American Muslim Challenges Warrantless Border Device Search From An Unexpected Legal Angle August 27, 2018 https://www.techdirt.com/articles/2...er-device-search-unexpected-legal-angle.shtml
Somebody can seize your data. Without backup and second device you lost your data, at least for some time. Not to mention privacy issues.
Yes, I found the Muslim focus a little odd. And indeed, I dug myself into a hole on HN, arguing about what sorts of images a Muslim woman might have on her phone But that's irrelevant, for the most part, except to the extent that photos might get her killed, rather than just embarrassed. Her being Muslim is only relevant because it points to religious/ethnic profiling. Really, this is about someone having their data stolen. And shared. Perhaps with inadequate security. And potentially shared online, anonymously. It's not at all uncommon for law enforcement personnel to share juicy stuff online. Initially, perhaps, in LEA-specific forums. But eventually, leaking broadly.
The person was using her religious beliefs to back why it was a serious matter to her that there was no control over how/where/when any content on the phone would be viewed. She did not want men outside her family being able to see images of her without appropriate covering - a well-known restriction for Muslim women. It's ironic that this might be able to change policies that are clearly unacceptable and out of control for everyone.
Sure. But very few women want random men seeing their naked selfies, do they? I mean, that's the horror of revenge porn.
Feds took woman’s iPhone at border, she sued, now they agree to delete data CAIR lawyer pleasantly surprised: "We were prepared for much more pushback." October 31, 2018 https://arstechnica.com/tech-policy...eized-off-womans-iphone-during-border-search/
She arguably has no way to know that. Even if she consulted with security experts, there's no way to be absolutely sure that it's not been backdoored.
This is consistent with their salami slicing approach. When it looks like they'll have problems with a case, they'll back off to avoid a definitive judgement which would set precedent, then try again next time till they get the answer they want, that will set precedent. As for the phone, if it were me, I'd get rid of it.
I believe that "state of undress" for her flavor of Islam includes "not wear[ing] a hijab". It's problematic. I mean, police don't generally take naked mugshots. But for her, lack of hijab is at least borderline nakedness. I'm sure that police use female officers for body searches. But once there's a photo, who can view it becomes an issue.
My read of the constitution clearly shows you cannot force a defendant to self incriminate. Viewing as an originalist cannot really yield another outcome. That is my take, and like you mentioned THEY will do anything to avoid a final verdict at the Supreme Court, which then is precedent for all future cases. With the new court chemistry I would be almost certain of the outcome should a case make it there without mitigating factors.
