Earlier quoted context omitted.
FOIA can be denied on grounds of national security, pretty sure
Definitely, but it's worth asking.
Not really. Now they have another reason to push you around.
A US-born NASA scientist was detained at the border until he unlocked his phone
371–380 of 464 posts
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#372Earlier quoted context omitted.
This 'there is no difference between the parties' thing is getting really old, the differences are clear. Yes a surveillance state had also flourished under the Democratic administrations and that's a Bad Thing, I'm with you on the general need to roll that back. But don't come here telling me administrations are basically the same. And much of the surveillance state exists because of the politicians that pander to t…
all obama had to do was not renew bush's executive orders. thats it. he just had to do NOTHING. so yes, as far as privacy is concerned, both parties are equally shit.
That's what he did with troop withdrawals from Iraq - simply stick to the agreement Bush signed. And yet everyone on the right seems to think that by doing so he gave birth to ISIS. Ignoring these political realities is facile, even if you aim to overhaul the whole political system.
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#373Obviously appreciating that NASA has some sensitive data but just for a second also try and appreciate how would this play out for someone who works in the financial industry, where unauthorised sharing of sensitive data is not only a breach of contract with your employer/clients but a crime(insider trading) in almost all countries. Or imagine how the people who enforce these new regulations can exploit this. Query f…
> Or imagine how the people who enforce these new regulations can exploit this. I can imagine that perfectly: When Trump was asked about global warming he mentioned "these e-mails." "These" e-mails are the internal communication of the climate researches working at the UK University. https://en.wikipedia.org/wiki/Climatic_Research_Unit_email_c... Now, the e-mails didn't contain anything problematic, but were still us…
His area of research seems to be adaptive optics, not climate science. These areas are way apart at the lab where he works.
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#374Earlier quoted context omitted.
IIRC if you are within 100 miles of the (actual) border or an international airport then are you considered to be entering/leaving the US and can be searched without a warrant. https://www.wired.com/2008/10/aclu-assails-10/ https://www.aclu.org/other/constitution-100-mile-border-zone https://en.wikipedia.org/wiki/Border_search_exception
Remember that the ACLU is a political organization and has its own spin on things. Just like any other org like the EFF, NRA, etc. In this case, the ACLU article on this topic is weasel worded and needs to be read carefully so you can seperate implication from fact.
can you point to an example?
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#375Earlier 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,…
Or just say you forgot the password.
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#376Earlier quoted context omitted.
Just don't give them any passwords or unlock anything if you are a US citizen. Let them try to detain a US citizen indefinitely for it.
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.
Nope. I was flagged for "secondary inspection" at the southern border. (Mind you, I am as white as you can get). Long story, short. I acted like a bit of an entitled jerk, and was surrounded by 15 CBP agents, had my head slammed on a metal table, cuffed, phone and wallet taken, and then I was taken to a windowless room (with a couple of older Hispanic guys who I remember thinking could be "disappeared" fairly easily without anyone knowing). I asked for my phone to make a call, but was denied. When I demanded rights, an agent told me that they didn't apply at the border and referred me to some Patriot Act notices on the wall. I felt powerless, and completely at their mercy. The agents told me that they would be searching my car without me authorizing it or being present (I remember thinking that they could plant something and notify CHP to pick me up a few miles up the road). After discussing things with the supervisor, I was let go but had my SENTRI pass revoked. Later, I contacted some lawyers who all advised that at the border, I didn't have the same rights, and that I had no case of any sort. Now, I am grateful it happened to me (because I stopped acting like an entitled asshole), but it left me feeling a whole lot less free, and it makes me feel more uncomfortable to travel internationally, which is a shame.
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#377Earlier quoted context omitted.
Remember that the ACLU is a political organization and has its own spin on things. Just like any other org like the EFF, NRA, etc. In this case, the ACLU article on this topic is weasel worded and needs to be read carefully so you can seperate implication from fact.
can you point to an example?
In the linked ACLU post, the 2nd-5th bullets are a great example. The second bullet specifically enumerates the government position on border searches. The 4th and 5th bullets detail what the Border Patrol can do away from the immediate vicinity of the border.
But the 3rd bullet, which is key to the notion of the 100 mile "constitution free zone", is more mysterious. It states that Customs has "broad—though not limitless—powers" without detailing them.
Many readers of this ACLU post and coverage of it have come away with a false idea that Customs and Border Protection has some magic wand. The facts are very different.
Here are the referenced sections, forgive any formatting issues.
> - According to the government, however, these basic constitutional principles do not apply fully at our borders. For example, at border crossings (also called "ports of entry"), federal authorities do not need a warrant or even suspicion of wrongdoing to justify conducting what courts have called a "routine search," such as searching luggage or a vehicle.
> -Even in places far removed from the border, deep into the interior of the country, immigration officials enjoy broad—though not limitless—powers. Specifically, federal regulations give U.S. Customs and Border Protection (CBP) authority to operate within 100 miles of any U.S. "external boundary."
> -In this 100-mile zone, Border Patrol agents have certain extra-Constitutional powers. For instance, Border Patrol can operate immigration checkpoints.
> - Border Patrol, nevertheless, cannot pull anyone over without "reasonable suspicion" of an immigration violation or crime (reasonable suspicion is more than just a "hunch"). Similarly, Border Patrol cannot search vehicles in the 100-mile zone without a warrant or "probable cause" (a reasonable belief, based on the circumstances, that an immigration violation or crime has likely occurred).
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#378Earlier quoted context omitted.
Your first sentence is not entirely true: https://www.aclu.org/know-your-rights-governments-100-mile-b...
Please elaborate.
Immigration and Customs Enforcement asserts authority over land within 100 miles of a border (including coasts). Anyone in the US can be stopped and asked for ID and proof they're in the country legally in that 100 mile zone.
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#379When I was a child (in central Europe), USA was seen as a heaven where everyone would like to live - and I did too. Nowadays I'm very happy I live in a "poor", speaking by numbers, but much more free republic in the middle of the old continent.
Same here. I am a European who lived in the US from 2012, but I am going to move back to Europe this year. Even in 2012 I thought the US is going to be awesome, since everyone says how awesome it is. Well, after 5 years my views have certainly changed. Now I kind of dislike this place. Of course, I wish I had a chance to live in other areas of the US before judging the whole country, but that is not possible now. So Europe, here I come!
Re: A US-born NASA scientist was detained at the border until he unlocked his phone
#380Earlier quoted context omitted.
> Or imagine how the people who enforce these new regulations can exploit this. I can imagine that perfectly: When Trump was asked about global warming he mentioned "these e-mails." "These" e-mails are the internal communication of the climate researches working at the UK University. https://en.wikipedia.org/wiki/Climatic_Research_Unit_email_c... Now, the e-mails didn't contain anything problematic, but were still us…
His area of research seems to be adaptive optics, not climate science. These areas are way apart at the lab where he works.
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