whats_a_quasar

Joined 5 years ago

Karma
1,295
Submissions
200
Member since
Dec 10
View on Hacker News

Recent submissions

Comment · 1 month ago
Comment · 3 months ago
Yeah, I sorta expected the punchline to be "this 17,000 lines of code became 2,000" but it is still about the same quantity. Kinda interesting. Also interesting that the last change has by far the largest effect (4x reduction in tokens) and that also corresponded to the biggest reduction in single file LOC
Comment · 3 months ago
Comment · 3 months ago
It doesn't matter. Providing a PIN that will cause an officer to inadvertently delete data clearly is covered by the statute:

"Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure .. takes any action ... for the purpose of preventing or impairing the Government’s lawful authority to take such property ..."

Comment · 3 months ago
"At what point do you have to maintain property so the government can use it to testify against yourself?"

For the duration of the border search. This guy is at risk because he caused the data to be deleted during a border search, when CBP asserts they can legally look. He would have been fine if he deleted data on the plane or after leaving the airport.

(This is my understanding of the government's position; personally I don't think this prosecution is constitutional)

Comment · 3 months ago
The language in the statute of what constitutes "destruction" is very broad and clearly covers IMO giving a self-destruct password to someone who you know will try to enter it.

"Whoever, before, during, or after any search for or seizure of property by any person authorized to make such search or seizure, knowingly destroys, damages, wastes, disposes of, transfers, or otherwise takes any action, or knowingly attempts to destroy, damage, waste, dispose of, transfer, or otherwise take any action, for the purpose of preventing or impairing the Government’s lawful authority to take such property into its custody or control or to continue holding such property under its lawful custody and control, shall be fined under this title or imprisoned not more than 5 years, or both."

Comment · 3 months ago
Comment · 3 months ago
Here is the indictment: https://www.documentcloud.org/documents/28513012-samuel-tuni...

Here is the statute Tunick is indicted under: https://www.law.cornell.edu/uscode/text/18/2232

There is an immediate problem: the device was being searched, and this statute criminalizes destruction of property to prevent seizure, not searches. I don't think this statute applies this situation. Regardless of whether the border agents could lawfully search his phone at the border, they didn't have grounds to seize it. I suspect this prosecution will quietly be dismissed within a few months.

Comment · 6 months ago
Yes, the First Amendment applies to all people within the territory of the United States equally. US law does not limit the political speech of non-citizens present on visas.
Comment · 1 year ago
Fair enough, but it is also valid to be angry at your local law enforcement if they are acting against the community's preferences. Especially when local law enforcement is breaking state law in the process.
Comment · 1 year ago
Comment · 1 year ago
"You can beat the rap but not the ride" is phrased like the judge actually did anything wrong. That seems very doubtful. This administration has shown they are not entitled to the presumption that they are acting in good faith.
Comment · 1 year ago
Source?
Comment · 1 year ago
Given the circumstances, the government absolutely does have an obligation to present its evidence up front. You cannot use federal agents to arrest officers of a state government unless the charges are rock solid. There is a strong public interest in this case and the current administration has shown that it is owed zero deference or presumption that it is acting in good faith.
Comment · 1 year ago
This doesn't really have any fifth amendment implications. The prohibition against self incrimination reads "no person ... shall be compelled in any criminal case to be a witness against himself."

That doesn't relate to being compelled to attend a proceeding in person where another federal agency can arrest you. If the government can legally arrest you, it does not matter if they determine your location based on another proceeding.

Live from the official Hacker News API

A modern reader for Hacker News · SvelteKit + Skeleton