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What could happen if you refuse to unlock your phone at the US border?

arstechnica.com

11–20 of 494 posts

Re: What could happen if you refuse to unlock your phone at the US border?

#11

The idea that our constitutional rights end at the border is such a travesty, contrary to everything our forefathers fought for, that alone is worthy of renewed revolution.

They also end 100 miles in from the border. [1]

[1] https://www.aclu.org/other/constitution-100-mile-border-zone

Re: What could happen if you refuse to unlock your phone at the US border?

#12

Is it worth it to clear those devices and restore from cloud backup after crossing?

This is exactly what I was thinking too. I have my old phone I wouldn't mind using for travel. I'd just keep that one mostly empty and swap the SIM card when traveling. Alternatively a backup could work as long as you place it somewhere online or hide it well so they can't ask for that to be decrypted at the border as well.

Re: What could happen if you refuse to unlock your phone at the US border?

#13

Is it worth it to clear those devices and restore from cloud backup after crossing?

I think so. But you want to do it in such a way that there's no "restore" button you could push on your phone once you're compelled to log in to any accounts that are clearly associated with the phone.

One way to do this would be to back your phone up, encrypt it, and stash the file somewhere else, then scrub the phone and back that up so that you could, if under questioning by CBP, perform a plausible restore.

Re: What could happen if you refuse to unlock your phone at the US border?

#14
post #3

Worth remembering: US citizens can play chicken with CBP and lose nothing more than their computer/phone hardware (perhaps having it returned 6 months later). But non-citizens, possibly including LPRs, cannot: if an alien attempts to cross the border with a device they can't unlock "because they don't have the corresponding 2FA token with them" (as one friend suggested they do), they'll be detained, their devices con…

CBP will begin asking everyone for Facebook logins.

I don't understand how this doesn't run afoul of the Fourth Amendment. Surely one's social media qualifies as "papers" or "effects" even though they're digital artifacts and not physical. This just seems _incredibly_ invasive.

Re: What could happen if you refuse to unlock your phone at the US border?

#15
post #8
post #3

Worth remembering: US citizens can play chicken with CBP and lose nothing more than their computer/phone hardware (perhaps having it returned 6 months later). But non-citizens, possibly including LPRs, cannot: if an alien attempts to cross the border with a device they can't unlock "because they don't have the corresponding 2FA token with them" (as one friend suggested they do), they'll be detained, their devices con…

Yet another reason never to sign up for Facebook.

A fun prank: Create realistic facebook profiles for people you hate, and send links to CBP right before they travel.

Re: What could happen if you refuse to unlock your phone at the US border?

#16
post #3

Worth remembering: US citizens can play chicken with CBP and lose nothing more than their computer/phone hardware (perhaps having it returned 6 months later). But non-citizens, possibly including LPRs, cannot: if an alien attempts to cross the border with a device they can't unlock "because they don't have the corresponding 2FA token with them" (as one friend suggested they do), they'll be detained, their devices con…

CBP will begin asking everyone for Facebook logins. I don't understand how this doesn't run afoul of the Fourth Amendment. Surely one's social media qualifies as "papers" or "effects" even though they're digital artifacts and not physical. This just seems _incredibly_ invasive.

The international border is a longstanding exception to the Fourth Amendment: searches at borders are per se reasonable. The history of this exception goes all the way back to the founders, so there's probably no battle to be won over whether the exception is valid, only to what the limits of the exception are.

Re: What could happen if you refuse to unlock your phone at the US border?

#17
post #3

Worth remembering: US citizens can play chicken with CBP and lose nothing more than their computer/phone hardware (perhaps having it returned 6 months later). But non-citizens, possibly including LPRs, cannot: if an alien attempts to cross the border with a device they can't unlock "because they don't have the corresponding 2FA token with them" (as one friend suggested they do), they'll be detained, their devices con…

CBP will begin asking everyone for Facebook logins. I don't understand how this doesn't run afoul of the Fourth Amendment. Surely one's social media qualifies as "papers" or "effects" even though they're digital artifacts and not physical. This just seems _incredibly_ invasive.

It's possible (not guaranteed) that it does. There are exceptions in the law for immigration/customs stuff. The way to find out is to sue CBP and have the courts decide, or find existing precedent one way or the other.

Or have Congress pass a law making it illegal or legal. Good luck with that one.

Re: What could happen if you refuse to unlock your phone at the US border?

#18
post #8
post #3

Worth remembering: US citizens can play chicken with CBP and lose nothing more than their computer/phone hardware (perhaps having it returned 6 months later). But non-citizens, possibly including LPRs, cannot: if an alien attempts to cross the border with a device they can't unlock "because they don't have the corresponding 2FA token with them" (as one friend suggested they do), they'll be detained, their devices con…

Yet another reason never to sign up for Facebook.

Yet another reason never to enter the USA.

Re: What could happen if you refuse to unlock your phone at the US border?

#19
One thing I have thought about. I have dozens of profiles which are just test accounts for social media, to hook up to applications I've been building.

I've been thinking recently to just close all the accounts, including email.

This will leave me in a state where I have pretty much no social accounts, just 1 email account which is used for friends/family.

Are there any cases of individuals giving up their phone and it being a wasteland of information? I personally do not use facebook, google-plus, twitter, linkedin or anything else. I literally do not have an opinion, nor do I care to share it!

Edit: Do they also check when email accounts have been created? How could they know, unless they checked in with the provider? I'm thinking of closing my main account, requesting data be deleted and starting afresh!

Re: What could happen if you refuse to unlock your phone at the US border?

#20
post #9

> 4,444 cellphones and 320 other electronic devices were inspected in 2015 And recently I'm hearing about this -- it largely went ignored during the previous administration but now it's a major concern, articles on HN, my Facebook feed, Reddit, ...

The ACLU was fighting this under Obama, and some of the many millions of dollars they gathered from Trump opponents will be used to fight this and other causes under POTUS 46.
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