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EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

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Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#11

Earlier quoted context omitted.

Because that's presumably to prevent you from importing physical contraband into the country. Checking your internet connected device for contraband makes zero sense.

Could they make the argument that they're checking for malicious software/viruses/other bad stuff that could be a threat to Americans?

I mean, not really unless they open it up and run antivirus software on it.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#12

If they can search your bags without a warrant at the border, why can't they search your phone or laptop? Edit: Contraband can be both physical and digital. If the government can conduct searches for physical contraband then searches for digital contraband in certain circumstances like border crossings seems reasonable.

Because that's presumably to prevent you from importing physical contraband into the country. Checking your internet connected device for contraband makes zero sense.

Contraband can be both physical and digital. If the government can conduct searches for physical contraband then searches for digital contraband in certain circumstances like border crossings seems reasonable.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#13

If they can search your bags without a warrant at the border, why can't they search your phone or laptop? Edit: Contraband can be both physical and digital. If the government can conduct searches for physical contraband then searches for digital contraband in certain circumstances like border crossings seems reasonable.

In a world without the Internet, sure. But in the one we live in, it seems trivial to "sneak" digital contraband into the United States.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#14
post #13

If they can search your bags without a warrant at the border, why can't they search your phone or laptop? Edit: Contraband can be both physical and digital. If the government can conduct searches for physical contraband then searches for digital contraband in certain circumstances like border crossings seems reasonable.

In a world without the Internet, sure. But in the one we live in, it seems trivial to "sneak" digital contraband into the United States.

Sensitive information that someone is reluctant to send over the internet may be stored on a hard drive and exchanged in person.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#15

If they can search your bags without a warrant at the border, why can't they search your phone or laptop? Edit: Contraband can be both physical and digital. If the government can conduct searches for physical contraband then searches for digital contraband in certain circumstances like border crossings seems reasonable.

I like to think of it in terms of house keys.

It's one thing if a border guard inspects your house key you brought along, analyzes for dangerous substances, drugs, etc.

It's another if they clone that key and have someone drive out to inspect your house with it.

To me, your house in this scenario is your entire collection of private data accessible online / remotely (finances, taxes, possibly the private data of others -- possibly even portals to HIPAA/other PII data of a more commercial nature).

Assuming you agree that it is unfair to let the border search data outside of the phone, then it gets still more problematic.

One of the tricky aspects here is that it seems you can be detained / intimidated if you refuse to decrypt / unlock your device (as a US citizen re-entering your own country). I think you're getting at the idea that the phone/laptop is a physical device and should be searchable like any other object -- and, I think that's fairly reasonable. The problem is that the border guard can also "compel" you to decrypt that device / log in to it if you've put these measures in place. People have been forcibly detained for refusing to cooperate [1], even being put into a chokehold [2].

I respect that some amount of extra search power is required at borders -- but that power must be reasonably scoped (and in this case, I'd say it is not).

[1] http://www.cnn.com/2017/02/13/us/citizen-nasa-engineer-detai... [2] https://www.nbcnews.com/news/us-news/american-citizens-u-s-b...

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#16

Earlier quoted context omitted.

Because that's presumably to prevent you from importing physical contraband into the country. Checking your internet connected device for contraband makes zero sense.

Could they make the argument that they're checking for malicious software/viruses/other bad stuff that could be a threat to Americans?

What year is this? That kind of stuff can just be transferred via the Internet. It doesn't have to physically be transferred across the border.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#17

Earlier quoted context omitted.

Because that's presumably to prevent you from importing physical contraband into the country. Checking your internet connected device for contraband makes zero sense.

Could they make the argument that they're checking for malicious software/viruses/other bad stuff that could be a threat to Americans?

Then we better put up a great firewall.

Also... Malware is not illegal. Using it can be.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#18

Earlier quoted context omitted.

Because that's presumably to prevent you from importing physical contraband into the country. Checking your internet connected device for contraband makes zero sense.

Contraband can be both physical and digital. If the government can conduct searches for physical contraband then searches for digital contraband in certain circumstances like border crossings seems reasonable.

Contraband can be digitally transmitted without physically traversing a border. Given this, what purpose is there to performing extended searches (potentially of cloud / remote data) at the time of border crossing?

This opens a door to unlimited search power at US borders against US citizens. There is already a 100-mile inland range where your can be searched without a warrant around our borders -- we are only going to make this worse by extending that range into all of our private digital data.

I posted a house/key analogy just now that may help clear up the distinction between physical and digital data search. Just to be clear, I'm actually ok with border guards physically inspecting my electronics. I am not ok with them compelling me to login to them, decrypt them, or otherwise hand them over my social media / banking logins / etc.

Keep in mind, we're talking about US citizens re-entering their own country here. I think this is a key point.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#19

Earlier quoted context omitted.

I'm glad they picked up this approach, I think they got it from the NRA. NRA's been doing donor merchandise and services quite well for a long time, they even have a wine delivery service. I encourage anyone operating a non-profit to consider setting up programmes like this; you'll get more visibility (from people virtue-signalling their donation), and it will attract new revenue from sociopaths.

> and it will attract new revenue from sociopaths. Can't I just like a hoodie?

Heheh, fair enough. But I figure if the hoodie is the deciding factor for whether or not to donate (or how much), then you're just making a purchase.

Re: EFF, ACLU Sue Over Warrantless Phone, Laptop Searches at U.S. Border

#20
post #13

Earlier quoted context omitted.

In a world without the Internet, sure. But in the one we live in, it seems trivial to "sneak" digital contraband into the United States.

Sensitive information that someone is reluctant to send over the internet may be stored on a hard drive and exchanged in person.

Fair, but data can be encrypted in an air-gapped machine and then sent over the Internet, too. Unless you have diplomatic cover (and privilege from being detained or searched), I would argue that carrying in person is higher risk.
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