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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

#2
I haven't traveled abroad in a couple years, so I'm not sure exactly how this works, but I would be unable to contain my laughter if some CBP cop asked me to unlock my phone or laptop. Is this something that actually happens nowadays? Why on earth would anyone ever consent to this nonsense?

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

#3
outofatacos wrote:

> I haven't traveled abroad in a couple years, so I'm not sure exactly how this works, but I would be unable to contain my laughter if some CBP cop asked me to unlock my phone or laptop. Is this something that actually happens nowadays? Why on earth would anyone ever consent to this nonsense?

For some reason this comment is dead and it is a valid question IMO.

For people who don't know, if you don't have a citizenship they actually might deny your entry if you won't cooperate.

If you do, they can't refuse you entering the US, but they can confiscate your electronics.

Doesn't seem right, that's why EFF and ACLU is suing.

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

#4
Airport searches should be limited to what might cause a transportation security issue. Nothing on a mobile device qualifies, especially since in-flight wifi provides a way to download anything to the device in flight that is not present when checked at Security.

Regular border searches should have no right to look at devices at all, since there is no plane or train to endanger and there are even more ways to beam over data after you cross the physical border.

The entire thing just stinks of intimidation tactics, subjecting people to personal invasions with, yet again, no measurable improvement to actual security.

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

#6
Can someone offer a simple explanation of why the EFF and ACLU might succeed?

I remember seeing big signs at US border crossings that said YOU HAVE NO RIGHTS in big allcaps, and I think the law is mostly on their side. Those signs are probably still there.

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

#7

But only for people who are US citizens, or at least permanent residents. It’s not making visiting the US any more appealing to the rest of the world.

That was not the point though. I am a permanent resident, and when i was on visa i was constantly sent through secondary inspection. I had to get a redress code to fix some of these issues, but hey, it was a price i had to pay. That is how i think about it.

Now, us is working on programs to enable expedited travel like global entry, or nexus, and more people are eligible for it (like indians). While it is really hard to see how phones can be dangerous in this day an age of internet, but still...

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

#8

I haven't traveled abroad in a couple years, so I'm not sure exactly how this works, but I would be unable to contain my laughter if some CBP cop asked me to unlock my phone or laptop. Is this something that actually happens nowadays? Why on earth would anyone ever consent to this nonsense?

You have no idea. Travel to usa from turkey, and im not kidding, you need to go through around 6 id checks and luggage checks even for us citizens.

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

#9

I haven't traveled abroad in a couple years, so I'm not sure exactly how this works, but I would be unable to contain my laughter if some CBP cop asked me to unlock my phone or laptop. Is this something that actually happens nowadays? Why on earth would anyone ever consent to this nonsense?

See ¶ 38 and ¶¶ 47-49 of the complaint: https://www.eff.org/document/alasaad-v-duke-complaint

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

#10

Airport searches should be limited to what might cause a transportation security issue. Nothing on a mobile device qualifies, especially since in-flight wifi provides a way to download anything to the device in flight that is not present when checked at Security. Regular border searches should have no right to look at devices at all, since there is no plane or train to endanger and there are even more ways to beam ov…

For general TSA searches, you are correct, but border security is not about ensuring the safe transportation of the person crossing the border, so I am not sure how your framework makes sense.
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