I will not write it, Sam-I-Am,
I will not offer colored ham!

You make good point. As an intellectual exercise if I were arguing for the government I'd establish that digital data such as files are considered property, specifically, intangible property. By providing the duress-code, the defendant knowingly destroyed digital data stored within the device to be searched preventing that data from being seized. I'd cite Yates v. United States (2015)[1] regarding how narrowly the word "property" should be interpreted. The legal principle of noscitur a sociis (a word is known by the company it keeps) means it should be considered in the context of the types of digital data and electronic records of interest in the CBP search scope (See 2). The digital data stored on the device is the intangible property that is the object of the search and, potentially, the cause for seizure.

Alternatively, I'd consider arguing that any digital data justifying seizure is physically encoded in the storage unit within the electronic device and by causing the device wipe, the defendant damaged property - specifically, the storage unit to prevent it's lawful seizure. The act is equivalent to dumping ink onto a classified document making it unreadable to prevent the discovery and seizure.

I do believe your argument that digital data is not physical property does have some merit to it and as the statute authorizing the search and seizure originally meant physical contraband a narrow interpretation of property might work.

Thank you.

[1]: I bet there's better case law to cite.
[2]: From CBP Directive 3340-049B, "They [border searches of electronic devices] help detect evidence relating to terrorism and other national security matters, human and bulk cash smuggling, narcotics smuggling, firearms smuggling, contraband, and child pornography. They enable the discovery of digital contraband, such as child pornography, illicit transfer of restricted or classified information, or other export-controlled information. They can also reveal information about financial and commercial crimes, such as those relating to copyright, trademark, smuggling, transnational theft of proprietary information and export control violations."

So, I'm totally not a lawyer, but I find the vagaries and nuances of law fascinating. Perhaps I can help clarify some details.

First, he was at an airport and had not yet been permitted entry to the USA - in a sense, they were still in "international waters." The government maintains that anyone entering the country at a border may be subject to warrantless search by 19 USC 482 which was originally to allow searching of boats to seize any contraband. CBP doesn't need to have probable cause for the search. Further, the government maintains this search is exempt from 4th amendment protections by historical judicial precedent (or something) called the "border search exemption." This has been challenged in some districts but has not yet been considered by the supreme court.

Second, he's not charged with 18 USC 1519 "Obstruction of Investigations by Destruction of Evidence" but rather with 18 USC 2232(a) "Destruction of Property to Prevent Seizure." As I understand the distinction it's that as the CBP search isn't a part of an investigation based on a probable cause to believe a crime has been committed, they aren't searching for evidence of a crime and thus there isn't evidence to destroy. 1519 is far more serious and can mean up to 20 years in prison vs 2232(a)'s 5 years in prison.

The statute is broad enough to apply if the act was done at all but it does need a search to happen. Specifically, "before, during, or after any search for or seizure of property." From what I'm reading, you're welcome to wipe your phone if they don't search it.

As to corporations routinely destroying evidence, that doesn't mean they're not committing a crime, but I do believe there has to be intent to obstruct an investigation regardless if an investigation exists to obstruct.

The "border search exemption" mentioned far above is why no search warrant is needed for him to be charged with this crime.

If he wanted to prevent the phone being searched and not be charged with 2232(a), then he should have surrendered the phone to them and refused to provide an unlock code. Yes, that means they likely would have kept the phone and, potentially, indefinitely. A US citizen may not be denied entry to the USA.

Had he not been a US citizen, then refusing the search OR surrendering the phone and refusing to give the unlock code _may_ likely have been grounds to refuse him entry, but that's still not charged with a crime.

Obligatory xkcd:

https://m.xkcd.com/2723/

Trump won by a landslide?

Are you some kind of RINO trying to hide your TDS so you don't lose all your friends? If you're gonna pretend, at least get your facts right. Trump didn't win by a landslide - that's just a significant margin. Trump's wins are _blowouts_.

2016, Electoral College: 304 vs 227 and Popular Vote 46.1% vs 48.2%
2024, Electoral College: 312 vs 226 and Popular Vote 49.8% vs 48.3%

No one has ever win by such margins before. Biden's pathetic effort was almost shameful:

2020, Electoral College: 306 vs 232 and Popular Vote 51.3% vs 46.8%

We won't ever see anyone win as winningly as Trump did ever again in our lifetimes and we should be thankful.

Even the republican juggernaut, Ronald Reagan, didn't come close:

1980, Electoral College: 489 vs 49 and Popular Vote 50.7% vs 41.0%
1984, Electoral College: 525 vs 13 and Popular Vote 58.8% vs 40.6%

I don't know why you even mention the democrats. They don't matter anymore. They have only 212 representatives out of the total 435? Sad. Only 45 out of 100 senators? Why do they even bother showing up? Their voting base is too illiterate to understand they're being promised nonsense. These guarantees could be realized patently impossible with even a little consideration. As the electorate is too lazy to verify claims and have been trained to disregard discordant news, emotional manipulation easily stokes a selfish outrage and fictional boogeymen fill their nightmares. Now terrified and desperate, they zealously cling to an establishment that only values them for their votes and only occasionally shares their interests by coincidence.

I'm disgusted how eagerly you shit on Trump despite enjoying all the gifts he's graced upon us. He's gone above and beyond delivering everything he promised. We've never been so safe, so wealthy, and so free. /s

If you spin the wheel on Temu you can get a 20% discount with free shipping if your order is over $100,000.

Does this include the "free"/rentable routers included with most ISP broadband? The providers build in the cost of super-cheap routers and finding non- Chinese ones will be hard or more expensive. No doubt the broadband providers will use this as an excuse to raise rates (while still using Chinese equipment).

We'll be left with routers that are backdoored by:
US
China
Broadband provider

What could go wrong?

Commercial leases are often FMV or $1 buyout which determine what happens at lease end.

A Fair Market Value (FMV) lease is a flexible financing agreement -- often called an operating lease or "true lease" -- where you pay for the use of equipment over a fixed term rather than paying to own it. At the end of the term, you have the option to purchase the asset at its current "fair market value," return it, or upgrade to newer technology.

A $1 buyout lease (also known as a capital lease or finance lease) is a lease-to-own agreement where you pay off the full cost of equipment over a fixed term and then purchase it for exactly $1.00 at the end. Because the ultimate goal is ownership, this structure is essentially an installment loan disguised as a lease.

There are some tax and accounting differences between these options.

at first, but only for 12 parsecs or so . . .

M immediate reaction was to wonder if 3d printers will join C & Perl with annual obfuscation contests?

Also high frequency to allow for a turn up and go service is often more important than being really fast.

6 buses an hour is the minimum for people to not feel they are risking a long wait if they use the bus option.

How to speed up public transport.

1) Tap on, single fare OR Tap On, Tap Off OR Tap On, Multiple Journeys within an hour in that fare (e.g., London)
2) Don't accept cash, payment card or travelcard only (e.g., London Oyster)
3) Dedicated bus lanes in busy stretches of road
4) Don't stop too often, but don't go too far the other way either, it depends on the population density of that area
5) Different bus stands for different routes, so prevent contention at the single bus stop (at busy stops)
6) Accessibility must be quick to perform for wheelchairs and buggies. Coach-style buses=bad, low-floor buses=good.

>But in a good model, esp. a thinking model, one
>would expect it to think over which sorts of
>numbers are statistically over-chosen (birthdates,
>etc) and avoid them in giving its answers.

and even then, it doesn't affect the chance of *winning*, but rather the chance of being the *sole* winner, as opposed to having to share the price.

[there *is* another possibility, though, albeit unlikely: it could come across a flaw in the RNG that lets it avoid less likely combinations, or choose a more likely one. Again, though, this requires an RNG flaw.]

just like when it hit three digits?

>Mexico has a half peso coin, worth about 2 cents.

and a peso was like a dollar.

I recall my aunt feeling guilty about what she was paying down there when it dropped to about eight to a dollar.

And then they lopped three zeroes off to get the new peso.

I *think* this is half of those one-thousands of the prior peso . . .

After extreme inflation, small matters of rounding aren't even on the radar for what's important.

[Let alone the 27 or so zeroes lopped off in Germany {where, near the end, workers were reportedly paid twice a day, with their wives bringing wheelbarrows to collect, and rushing to spend it before it fell further! (which may be an urban legend; I've never been able to confirm it, but it's not inconsistent with the daily inflation)}. Or Yugoslavia, which lopped off 30 digits . . . ]