> The short answer is: your device probably will be seized (or "detained" in CBP parlance), and you might be kept in physical detention—although no one seems to be sure exactly for how long. This is a precarious situation to be in an I'm surprised if this does not violate some provision of the law. Worse, there have been conflicting judgments on similar cases [0, 1]. On a side note, can law itself be unbiased due to…
What could happen if you refuse to unlock your phone at the US border?
71–80 of 494 posts
Re: What could happen if you refuse to unlock your phone at the US border?
#72If your border crossing strategy involves a wiped/clean/factorydefaults device, always, always, always put a zip bomb[1] in place. Name it something helpful like "do_not_open_this_file.zip". They can't say you didn't warn them ... [1] https://en.wikipedia.org/wiki/Zip_bomb
Re: What could happen if you refuse to unlock your phone at the US border?
#73Worth 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?
#74The real problem here is downloading of data from the phone. Once that data is off-loaded, the government can make it a part of their "Seven-degrees-of-Kevin-Bacon-Osama-Bin-Laden edition" game, stored forever, perpetually looking for "connections" no matter how remote. That's a scary and slippery slope to surveillance state hell. I don't think such practices are commonplace, not yet?
Has anyone here ever been in a situation where the CBP confiscated their phone/laptop or downloaded data electronically from it?
Re: What could happen if you refuse to unlock your phone at the US border?
#75The 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.
Happily, to counterbalance that, US jurisdiction is often assumed to cover the farthest reaches of the planet.
Re: What could happen if you refuse to unlock your phone at the US border?
#76Earlier quoted context omitted.
> 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?
#77Worth 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…
Re: What could happen if you refuse to unlock your phone at the US border?
#78Here's what I want to know: what happens if I just spike my phone on the ground?
Re: What could happen if you refuse to unlock your phone at the US border?
#79The 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.
https://www.aclu.org/other/constitution-100-mile-border-zone
It is indeed unacceptable.
Re: What could happen if you refuse to unlock your phone at the US border?
#80> 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, ...