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US Customs block Canadian man after reading his Scruff profile

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Re: US Customs block Canadian man after reading his Scruff profile

#71
post #43

Earlier quoted context omitted.

They usually have to construct a narrative of suspicion. I don't know how not having electronic devices or a phone is suspicious.

This person is attempting to cross with no electronic device. Nearly 100% of first world citizens own a device. What is this person hiding? It must be bad. Denied.

I never said I did not own one, that would be lying and would be illegal, and I am a very law abiding citizen. I don't have it on me as I don't want it to be stolen or hacked or anything else nefarious. You know to keep everything kosher between myself and my employer and all the other parties that might send me private information. It's a mitzvah in this day in age.

Re: US Customs block Canadian man after reading his Scruff profile

#72
post #66

Everyone proposing clever technical solutions. Burner phones and encrypted cloud data etc... you are solving the wrong problem. Instead of engineering a way for the few people who care deeply to avoid this at great effort, engineer a way for this to not be legal. Write your congressperson, donate time and money to political parties, make privacy at the border for ALL (not just citizens) a priority in every election.

I can see members of congress agreeing to privacy right at the border for citizens --only a very few would support the same for non-citizens, even Dems. There is no political upside to that position and it serves a very small percentage of Americans, indirectly, so, that's not going to fly.

You're mostly right.

At some point these experiences may affect tourism, business, and desirable immigration.

But it's probably too distant of an effect to have that much political capital.

Re: US Customs block Canadian man after reading his Scruff profile

#73
post #54

Earlier quoted context omitted.

In the article, even a clean phone is suspicious. "No phone? Are you hidding something?"

A cleaned out phone is suspicious. Are you hiding something? Nope I have nothing to hide, but I still don't have a phone on me sir. This guy in the ended up with a history. That's where his problems began, after that you are fucked no matter what you do unless you play it very very clean.

The border authority knows who you are (from your passport). They can use that information to check everything - phone records, Facebook, LinkedIn, Twitter, your purchase history, your credit references, etc. They don't have to simply accept you don't have any devices - they already know what devices you have and what you use them for. The only thing they don't have is direct access to your actual data. That's why they want your password. If you claim not to have a phone with you they simply won't let you in because you're not being open enough.

This is the modern world we live in. Decades of pervasive privacy intrusion by governments illegally sucking up all the data of foreign and domestic citizens has done this. It's hard to see any way back.

Re: US Customs block Canadian man after reading his Scruff profile

#74

The Bill of Rights says that the government is not allowed to conduct unreasonable search and seizure. This applies to all people, not just to US citizens. Unfortunately, when you are a noncitizen at at a port of entry, the Bill of Rights is effectively a dead letter.

That goes for citizens within miles of the border as well does it not?

Yes, at a border checkpoint run by CBP.

They don't get to like go to your house and "investigate".

Re: US Customs block Canadian man after reading his Scruff profile

#75
post #57

Everyone proposing clever technical solutions. Burner phones and encrypted cloud data etc... you are solving the wrong problem. Instead of engineering a way for the few people who care deeply to avoid this at great effort, engineer a way for this to not be legal. Write your congressperson, donate time and money to political parties, make privacy at the border for ALL (not just citizens) a priority in every election.

This! Also, clever technical solutions won't help when not having any data is seen as suspicious. Like, you cannot tell them "I don't know my passowrds. They are in a password safe, and I do not have access right now". When the law says you have to hand over your passwords, "I don't know them right now" is probably not a valid excuse anyway.

Do you have any basis for your last point?

I legitimately don't know many of my passwords, there's no legal obligation to know them, and the law generally cant compel you to do impossible things (eg, tell them something you don't know).

They can subpoena my password safe, just like any other file on my computer, and possibly require I unlock it (this is disputed), but I don't see any reason they can demand I reproduce the contents of the safe that I don't know.

Re: US Customs block Canadian man after reading his Scruff profile

#76
For online accounts (ignoring devices that you can physically access) what happens when the account is in your name, but you do not have access to it?

Ie: Hugh Jackman has an Instagram account, but it may be run by his PR team. He doesn't hold the password to it, and depending on the contract terms, may have no capacity to order his PR firm to provide it.

Non-celebrities could start structuring their online identities in a similar manner, as separate legal entities that afford them (as an individual entity) limited rights.

The border guards could still reject your entry tho.

Re: US Customs block Canadian man after reading his Scruff profile

#79

Earlier quoted context omitted.

The faces change, but the game stays the same. That's the salient point here IMO. Why is that? Who is behind it?

The DHS under the direction of the President. Are you suggesting that the US needs looser border controls and screening?

It needs more competent screening.

Good luck getting that when all they do is grab low hanging fruit from publicly available social media.

Anyone who is truly a problem will use a burner and spend 10 minutes creating fake social media accounts that are harmless.

Re: US Customs block Canadian man after reading his Scruff profile

#80

After many unpleasant dealings with US Customs, I avoid flying to or through the US completely even if it costs me more. The last time I flew from Canada to Singapore through the US, the US Customs officer - on Canadian soil - was hostile, asked me numerous questions about my travel, itinerary, who I was intending to meet, and my personal finances. When I questioned if all this was necessary as I'm not even traveling…

This is part of the problem, not the questions but the attitude. I can understand them asking questions, they have a short time to figure out if the traveler might be "up to no good". That is no reason to ask questions in way that attacks a person. Ask all the questions you want just don't be terrorizing jerk about it.

Now one instance can be chalked up to a bad apple but over and over again I have heard stories like this and experienced on multiple occasions.

Canadian customs officers may ask questions but they are generally not in a abusive tone.

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