Border Search of Electronic Devices – CBP Directive [pdf]

Post by datenwolf » Sat, Jan 06, 2018, 4:59 PM UTC

b4lancesh33t wrote: post #16

natch wrote: post #14

Never is there any mention that by accessing the device of person A, the officer may be violating the rights of all people (say persons B, C, and D) who have shared information in confidence with person A. This includes getting access to my family photos. I don’t want an officer, who self selected by applying for a job that he knows will give him access to family photos, to get access to my family photos, because wha…

There is not generally a right to confidentiality of information you share with a third party. There are a few exceptions (spouses, doctors, lawyers, among others). If party A shares information with party B outside one of these protected relationships, then I guess A's rights will not be violated if their information is discovered in party B's possession, whether or not party B shares that information voluntarily. (…

Post by shiftpgdn » Sat, Jan 06, 2018, 5:22 PM UTC

jsjohnst wrote: post #11

aerodog wrote: post #6

So what do we do if the CBP asks us to hand our devices over? Is there any way we can tell them to fly a kite?

Are you a US Citizen? Are you willing to temporarily (temporarily in this case is not implying a short duration, btw) lose your device? Are you able to waste time (as in hours or unlikely but possibly days) at CBP defending your rights without negative repercussions (as in missed flights, possibly missed work, missed family obligations, etc)? If the answer is yes to all, then sure, politely refuse and stand your grou…

Post by illirik » Sat, Jan 06, 2018, 5:28 PM UTC

Post by gradschool » Sat, Jan 06, 2018, 5:38 PM UTC

mysterypie wrote: post #13

jsjohnst wrote: post #12

Earlier quoted context omitted.

> It might raise some suspicion if you unlocked your phone and they discovered you were logged out of everything, and there was nothing on the phone. There are countries[0] I travel to where that’s exactly what they find, essentially a freshly wiped phone. Hasn’t raised suspicion yet. [0] it’s also how I travel to certain security conferences. Buy a used/refurbished device before, use for duration of event, sell imme…

> sell [device] immediately after I've heard people say that if their laptop or phone were searched out of their sight by border officials, they'd sell it afterward. But is it ethical? I think this meat might be contaminated; I'm not going to risk eating it, so I'll sell it.

Post by ComputerGuru » Sat, Jan 06, 2018, 5:42 PM UTC

illirik wrote: post #25

One thing to note: "This directive governs border searches of electronic devices -- including... at the extended border." The "extended border" extends a hundred miles from what we normally consider the border; the authorization for customs agents to conduct warrantless searches in the Immigration and Naturalization Act allows them "within a reasonable distance from any external boundary of the United States," and th…