Live data from Hacker News

A US-born NASA scientist was detained at the border until he unlocked his phone

theverge.com

281–290 of 464 posts

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#281
post #10

Their point about how other countries will take the US's stance as a cue is somewhat scary. If you try and cross any border it will be relinquishing access to all accounts. I'm assuming email also comes along with 'social media', since communication is by its definition social. So how do you protect yourself? I think just going with "Don't have any social media" isn't a good answer because the relationship that child…

yes, yes, but you are not a NASA scientist so don't worry

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#282
post #225

Earlier quoted context omitted.

Good work, you've just confessed to a crime. Importing pornography into the US is illegal. https://motherboard.vice.com/en_us/article/us-customs-is-req...

I'm speechless. For the sake of this discussion, replace porn with old passport scans and unimportant banking documents, for example.

This is a perfect example of why the correct place to fight this is at the judiciary.

Trying to outsmart the border guards essentially makes you a smuggler. Sure you're trying to smuggle your own personal data rather anything nefarious, but either way - you're trying to beat them at their own game, on their own turf, where they have every advantage, constant practice, and effectively get to write their own rules.

Every fantastic example you dream up, you have to pray no-one's thought of it before. The game's rigged.

The only real way to win is to double down on the legal position of such searches.

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#283

Earlier quoted context omitted.

I hope you realize the job of the president is to instruct these agencies on how to conduct their operations. Don't defend people (CBP employees) which are are acting immorally, and possibly illegally. The Nazis said they were "just doing their job", and that defense did not stand up at the Nuremberg trials. Anyone who enforces orders of questionable legality is part of the problem (such as those executing these race…

Can we not make the leap from searches at border checkpoints (a major issue in and of itself) to murdering 6 million people in every thread? It's a valid concern but that kind of language immediately turns people off and tilts the entire discussion one way.

Civil liberties advocates have been gently coddling people's feels for years now in hopes of persuading people of the existence of a problem. Personally I don't feel like there's time for that any more.

Just last night I found that white nationalists are planning a 4 mile march from Oakland to Berkeley that's going to go right past my home in a few weeks. At their last big rally in sacramento last year, 10 people were stabbed, all by the neo-Nazi side. So I don't have the luxury of avoiding the comparison because it is literally coming to my doorstep.

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#284

Earlier quoted context omitted.

> So how do you protect yourself? I don't believe any of the technical solutions mentioned in this thread; using a dumb phone, multiple identities and/or false data for plausible deniability, wiping the phone before passing the border, is viable for a larger number of people. They also fail once a border agent insists on accessing an email account for which they know you have the password. The only protection is thro…

> So how do you protect yourself? "Sorry, sir, I use a password keeper and left the password file at home. I do not have any passwords with me." That's not a lie, and I would love for them to explain to the judge if they did ever choose to detain you as to how this is not a valid and legal excuse and non-cooperation in any way. And if you are in doubt about saying something like this, actually use a password keeper,…

Except you probably have a password manager client app on your phone so you can look up and enter any passwords you need for your own convenience.

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#285
post #206

What is the worst that can happen to a non US citizen, who is not producing the passwords they demand? Being send back immediately and all belongings seized? Or only devices they do not get the decryption passwords for? Detainment for how long? Being charged with what?

All of teh above, being held incommunicado for up to 6 months. You can charged with anything someone feels like charging you with. You don't have to be given due process or convicted for that to justify immigration detention. Basically you have zero leverage except through your home country's diplomatic mission and/or Americans you are friends or relatives with.

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#286

Earlier quoted context omitted.

> So how do you protect yourself? "Sorry, sir, I use a password keeper and left the password file at home. I do not have any passwords with me." That's not a lie, and I would love for them to explain to the judge if they did ever choose to detain you as to how this is not a valid and legal excuse and non-cooperation in any way. And if you are in doubt about saying something like this, actually use a password keeper,…

Except you probably have a password manager client app on your phone so you can look up and enter any passwords you need for your own convenience.

Except I don't have my phone. Why don't I have my phone? Because I don't want it to be stolen and I have no need for it where I am going. I want to unplug and relax, not be on call all the time.

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#288
post #2

As a white man, I'm a bit concerned about coming back into my own country. The only social media accounts I have are here and reddit. Will the guards at the gate accept that I don't have a Facebook or twitter account?

What does you being a white man have to do with anything?

Don't be so naive

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#289

Earlier quoted context omitted.

Exactly. It's your constitutional right as a US citizen to tell any Law Enforcement agent to go fuck themselves. 1. They need a warrant to search your phone if you don't voluntary give them access. 2. Even if they have a warrant, you can plead 5th and just not give them the pin. The American way is all about not trusting the government, believing in conspiracy theories, and stocking up on ammo.

They do not need a warrant at the border.

Yup... there is even a case on this exact point. TLDR; drug smuggler crossed the board and went through customs. He didn't get searched. Then as he was leaving the customs area, on the U.S. side of customs, the police performed a warrant-less search. Prosecutor argued the search was legal because he was in the process of entering the country and citizens don't have a right against search upon entry to the U.S. The court said that the search would have been legal had they done the search before going through customs. But once he got through customs, the search was no longer legal as he had his 4th amendment protections at that point.

Re: A US-born NASA scientist was detained at the border until he unlocked his phone

#290

Earlier quoted context omitted.

Can we not make the leap from searches at border checkpoints (a major issue in and of itself) to murdering 6 million people in every thread? It's a valid concern but that kind of language immediately turns people off and tilts the entire discussion one way.

Civil liberties advocates have been gently coddling people's feels for years now in hopes of persuading people of the existence of a problem. Personally I don't feel like there's time for that any more. Just last night I found that white nationalists are planning a 4 mile march from Oakland to Berkeley that's going to go right past my home in a few weeks. At their last big rally in sacramento last year, 10 people wer…

That sucks, it really does.

I can only say that I attended a community college, El Centro, and it was pretty shocking for me to watch the 7/7 attacks last year and see a black supremacist gun down a cop by a pillar I used to stand against and another in an intersection I've crossed hundreds of times. Strange place for it to happen, too, because that always was a very diverse place.

Clearly something is off-kilter, but I don't think Trump is the main or only problem (his rise was only made possible by some other ugly societal things we've got going on), and I still think comparing him to Hitler does history and his victims a disservice. It also gives you nowhere to go if he's not Hitler.

If some genocidal lunatic ever does come along, people will just wave it off with "oh, like Trump? lol". I don't like defending Trump but I do believe it is crucial that we keep a level head here and make clear, honest comparisons.

Post reply on HN