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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

#61
post #48
post #19

Earlier quoted context omitted.

I should no longer have any expectation of privacy The above poster suggests even worse. "until you are actually in the United States, you have no reasonable expectation of the Bill of Rights.". They suggest you have no constitutional rights outside of the US border. Forget your cell phone, this would imply that black bag operations are completely legal as long as the US citizen is outside of US borders at the time.

No, it implies that they are not illegal, and I would agree. That doesn't necessarily mean they are legal - they are alegal since US law does not apply outside its borders. Just like there doesn't need to be a US law making it legal for you to hire a prostitute in the Netherlands or gamble in an Indian reservation. Admittedly, that argument is not very convincing for the US in particular so pretend we are talking abo…

> US law does not apply outside its borders.

Except for laws which expressly include territorial limits (the phrase, “within the special maritime and territorial jurisdiction of the United States” occurs as a limitation in several US criminal laws, for example) US laws absolutely do apply outisde of US borders.

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

#62
post #45

Earlier quoted context omitted.

I, and almost anyone else, would consent to it for the sake of getting on the flight. Yeah, I don't like it either. It doesn't happen a lot, but when it does I imagine these outcomes: 1) Handover unlocked device, let CBP knuckle-dragger browse through it, in front of me, until they're bored and they hand it back. Get on flight. This is the best case scenario. 2) Handover unlocked device, CPB knucke-dragger takes it t…

If you are a US citizen entering the US (don't try this if you're a green card holder or a visitor), then in the case of (3), they can't hold you indefinitely, although they can hold your phone indefinitely. This has never happened to me, and it probably never will, but if it does my plan is to refuse to unlock the phone and wait it out.

Exactly. U.S. Customs and Border Patrol can't detain U.S. citizens indefinitely without charging them with a crime and trying them in court.

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

#63

The distinction I would suggest is that CBP should have the power to search the effects of entering travelers looking for physical contraband; so, for instance, to examine a laptop and cell phone to make sure they're not fakes full of cocaine or fentanyl or something. They should have no jurisdiction over information . They don't get to examine all the bits coming into the country over the Internet, and we certainly…

>> They should have no jurisdiction over information. Devils'a advocate: But some information is illegal in USA, like kiddie pron, terrorist stuff, stolen trade secrets etc...so we have to make sure it doesn't enter USA. On the other hand, they can send it via the internet, making border searches less effective. And since they're really burdensome and affect privacy of everyone the court might do away with them. Hope…

> like kiddie pron

Including, I believe, a rather massive body of drawings and animation films from Japan (I'm thinking of Hentai involving underage schoolgirls).

One does not simply forbids those "to protect the children" (no one under 18 is actually involved in the making of such… art), so there must be some harder to justify reason (like good old puritanism, or priming effects).

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

#64

The distinction I would suggest is that CBP should have the power to search the effects of entering travelers looking for physical contraband; so, for instance, to examine a laptop and cell phone to make sure they're not fakes full of cocaine or fentanyl or something. They should have no jurisdiction over information . They don't get to examine all the bits coming into the country over the Internet, and we certainly…

> They don't get to examine all the bits coming into the country over the Internet,

You sure about that?

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

#65
post #19

Earlier quoted context omitted.

I should no longer have any expectation of privacy The above poster suggests even worse. "until you are actually in the United States, you have no reasonable expectation of the Bill of Rights.". They suggest you have no constitutional rights outside of the US border. Forget your cell phone, this would imply that black bag operations are completely legal as long as the US citizen is outside of US borders at the time.

About time there is a system where you can make a super cool backup of your entire smartphone and laptop on a remote system, then completely wipe these devices and restore it when you are safe from the border officers. icloud total backup or something :) "Sure officer, i'll unlock my phone and my laptop. There's absolutely nothing on it."

Wrong. Legal precedents rule all. This should be fought, not tacitly approved of via circumvention.

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

#67

Earlier quoted context omitted.

>> They should have no jurisdiction over information. Devils'a advocate: But some information is illegal in USA, like kiddie pron, terrorist stuff, stolen trade secrets etc...so we have to make sure it doesn't enter USA. On the other hand, they can send it via the internet, making border searches less effective. And since they're really burdensome and affect privacy of everyone the court might do away with them. Hope…

> like kiddie pron Including, I believe, a rather massive body of drawings and animation films from Japan (I'm thinking of Hentai involving underage schoolgirls). One does not simply forbids those "to protect the children" (no one under 18 is actually involved in the making of such… art), so there must be some harder to justify reason (like good old puritanism, or priming effects).

Cartoons and drawings aren't illegal, as pornography, in the US. They may still be considered under obscenity laws in some local jurisdictions.

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

#68

Does anyone know of a case where a search of electronic material beyond physical inspection actually resulted in any illegal materials? I don't doubt that our current body of legislation and judicial precedents make this practice legal, but I honestly can't see this policy actually doing anything. The classic case of illegal electronic information would be child pornography - but who would be stupid enough to bring i…

Top link, quite recent, thousands of results:

http://dailycaller.com/2017/08/17/handful-of-refugees-caught...

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

#69

I only make around 20k and I donate $5 monthly to both the EFF and ACLU. I never notice it missing out of my account. Does anyone now of a third organization worthy of support. Not to brag, but I could probably swing $15 a month.

With ACLU, you can also donate to your local chapter.

I'm also rather fond of Heifer International.

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

#70

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?

Why on earth would anyone ever consent to this nonsense?

Because the government has more guns than you do.

The detailed legal answer is far more complicated than that, but it simplifies readily.

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