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

arstechnica.com

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

#51

Post by ComputerGuru »

nkurz wrote: post #30
tptacek wrote: 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…

From the article: The policy also states that CBP or Immigration and Customs Enforcement "may demand technical assistance, including translation or decryption," citing a federal law, 19 US Code Section 507. A related document says that "officers may seek such assistance with or without individualized suspicion." Refusing to comply with this statute is "guilty of a misdemeanor and subject to a fine of not more than $1…

There are increasingly two types of law in the USA: felony punishable by no less than x, and misdemeanor punishable by no more than y.

I've taken to sighing and accepting y and just being grateful it's not a felony if I do it. Felonies are bad, you'll lose your rights, you can't vote, they're harder on you in court, and they follow you everywhere.

I'll take misdemeanors for $1000, Alex.

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

#52

Post by Thiez »

jacquesm wrote: post #40
xenophonf wrote: post #14

Earlier quoted context omitted.

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.

> This just seems _incredibly_ invasive. You could leave out the 'seems' and it would improve the comment.

But then the sentence no verb?

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

#53

Post by droopybuns »

tptacek wrote: 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…

There is also the combo of fde + factory reset of your device after landing.

Yes it is inconvenient, but far less so than a total compromise of your credentials.

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

#54

Post by leesalminen »

Raphmedia wrote: post #18
voxic11 wrote: post #8

Earlier quoted context omitted.

Yet another reason never to sign up for Facebook.

Yet another reason never to enter the USA.

There's a show on Netflix that follows the Australian immigration cops. They go hard and frequently examine text messages, email, social, etc. for non resident entrants.

If you think this is just the US, you are mistaken.

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

#56

Post by rayiner »

xenophonf wrote: post #14
tptacek wrote: 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 right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

Your phone is undoubtedly your "effects" (in 1789, touching your phone without your consent would have been a trespass to chattel). But searches incident to a border crossing have always been considered not "unreasonable," because inspecting the flow of things across the border has always been seen as a legitimate government function. Indeed, one of the very first things Congress did in 1789 was to create a customs department in order to perform precisely such inspections.

That said, there is an originalist legal argument to the contrary. The framers understood the border-search exception to exist for purposes of customs enforcement. Customs enforcement has always been about physical, rather than intangible goods: https://www.eff.org/files/2015/11/10/clearcorrect_v_itc_-_op.... So searches of digital content are at least outside one of the key purposes of the border search exception. (Of course, that doesn't help with the other purpose of the exception, which is national security.)

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

#57

Post by adekok »

jacquesm wrote: post #39
tptacek wrote: 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…

> The current best practice for border crossings --- really anywhere in the world --- is simply not to carry anything you're unwilling to unlock for Customs. Or, to simply stop traveling to countries that refuse to play nice with the rights of foreigners. The whole idea that this sort of thing is even anywhere near acceptable behavior revolts me.

> Or, to simply stop traveling to countries that refuse to play nice with the rights of foreigners.

s/foreigners/citizens/

i.e. everyone.

I'm a Canadian Citizen. When I enter Canada from abroad, they claim the same rights as the US CBP.

http://www.cbc.ca/news/canada/nova-scotia/alain-philippon-cb...

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

#58

Post by ihsw »

jacquesm wrote: post #39
tptacek wrote: 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…

> The current best practice for border crossings --- really anywhere in the world --- is simply not to carry anything you're unwilling to unlock for Customs. Or, to simply stop traveling to countries that refuse to play nice with the rights of foreigners. The whole idea that this sort of thing is even anywhere near acceptable behavior revolts me.

The rise of terrorists and other dangerous activists with the "world has no borders" mindset have given rise to the border security policies we are now being exposed to. We should expect more tightening of borders throughout the world as governments' catch up.

The free flow of immigrants has its risks and unless these activists stop poisoning the well then things will continue to be unpleasant.

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

#59

Post by tornadoboy55 »

itshoptx wrote: post #46
mirimir wrote: post #28

Earlier quoted context omitted.

That's unworkable. OK, maybe Facebook. But going without social media is no longer workable. Too much depends on it: family, friends, education, work, etc. However, what is workable is keeping your social media clean. Compartmentalize anything questionable, anything potentially embarrassing etc, using pseudonyms. And compartmentalize those pseudonyms on separate hardware, and avoid linkage through IP address, activit…

I would respectfully have to disagree with you concerning social media. - I've been in IT 20 years and have no social media - I meet my friends in person, since they're all local, save 2, and we prefer to talk or text - I've never had a potential employer bat and eye or even care that I have zero internet presence. In fact, many have said they prefer it because I'm not distracted whilst at work. Besides, I enjoy bein…

Your method also only works if you have a small social circle or don't go out much. Good luck planning a big party or trip without a Whatsapp/Telegram/Facebook group chat..

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

#60

Post by chillingeffect »

toddmorey wrote: post #42
tptacek wrote: 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…

I feel any parent with a teenager who's tried to monitor her Facebook account can see where this is headed. This policy is incredibly ignorant of how online communities work and where communication is going. The only thing I can see happening is terrorism-minded individuals actually creating and maintaining clean Facebook profiles as a smokescreen. That's an easy win and great distraction as communication moves to no…

  fb.post.synth.byDate(
    { { 2, 18, 2017 }, "Today I watered the flowers!", { "flowers" , "me" } },
    { { 2, 19, 2017 }, "Watched my favorite show!", { "television" } },
    { { 2, 20, 2017 }, "My kids are so hilarious!", { "children", "bicycles", "outdoors" },
    { { 2, 21, 2017 }, "Frustrated with lawn mower!", { "lawn mower" } 
  )
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