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Border Search of Electronic Devices – CBP Directive [pdf]

cbp.gov

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Re: Border Search of Electronic Devices – CBP Directive [pdf]

#41

Post by mc32 »

ComputerGuru wrote: post #29
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…

Yes, it’s indeed over the top. Here’s a map by the ACLU: https://goo.gl/images/HpPYby

When you drive close to the Canadian and Mexican borders I've gone through those inland checkpoints. I've never seen that practiced along the littorals --never. Has anyone seen a checkpoint along the littorals? Curious.

Re: Border Search of Electronic Devices – CBP Directive [pdf]

#42

Post by RA_Fisher »

mc32 wrote: post #41
ComputerGuru wrote: post #29

Earlier quoted context omitted.

Yes, it’s indeed over the top. Here’s a map by the ACLU: https://goo.gl/images/HpPYby

When you drive close to the Canadian and Mexican borders I've gone through those inland checkpoints. I've never seen that practiced along the littorals --never. Has anyone seen a checkpoint along the littorals? Curious.

Not a checkpoint but I've seen CBP sitting on the Mississippi - Alabama state line multiple times (I10).

Re: Border Search of Electronic Devices – CBP Directive [pdf]

#44

Post by forapurpose »

meri_dian wrote: post #18
coldcode wrote: post #7

We really need a definitive SCOTUS ruling that searches of electronic devices violate the Constitution but if course we will never get that far. The intent of border searches originally was to identify goods being brought into the country to avoid paying duties or fees or being brought in illegally. Searching an electronic device is more akin to demanding to see what words are on a piece of paper you have in your poc…

Except finding terrorists isn't a "political purpose" it's a matter of life and death.

> finding terrorists isn't a "political purpose" it's a matter of life and death

If you believe that these actions are necessary to meaningfully reduce harm from terrorists, then the government's claim about life and death holds up.

The concern is that these actions do not meet those conditions (necessary, meaningful reduction), and that the government is using the argument to cover for actions it wants to take for other reasons, including political ones.

Also, even those conditions are not sufficient to justify it. The actions must be lawful, of course, and the loss of liberty must be worth the gains in security; the U.S. (generally) has valued liberty very highly.

Re: Border Search of Electronic Devices – CBP Directive [pdf]

#45

Post by CaptSpify »

meri_dian wrote: post #37
krapp wrote: post #20

Earlier quoted context omitted.

It is a political purpose, because "terrorist" is a politically charged definition whose application changes with the political climate.

The definition of 'criminal' changes over time too but that doesn't prevent us from prosecuting those who we determine to be criminals today. Regardless of how the subtleties of politics shift over time, someone who enters a country seeking to kill and destroy should not be a allowed inside regardless of what they're called.

The percentage of 'terrorists' we are talking about is so small, it's hardly worth considering. It's a waste of everyone's time, and privacy to spend looking through anyone's phone at an airport

Re: Border Search of Electronic Devices – CBP Directive [pdf]

#46

Post by microcolonel »

yborg wrote: post #26

Ignorant question for those who have had to transit the US border (it has been many years for me) - are these device searches now routine? I.e. do they automatically request access to any locked smartphone, etc?

Rather unusual, especially when it comes to crossing the northern land border, and especially crossing that land border with more than one person in the vehicle.

It's fairly unusual for them to perform any search or inspection at the Canadian land border for Canadian or United States citizens or residents. I suspect that persons who are from nations which are considerably less diplomatically positive with the United States, and especially who have specific grounds for suspicion related to their identity or documents, would bear the brunt of searches in general and electronic device searches in particular.

Re: Border Search of Electronic Devices – CBP Directive [pdf]

#49

Post by nabeards »

qrbLPHiKpiux wrote: post #8

The best way is not to travel with anything that is not needed. Use cloud services and a disposable OS. The best way to play their (CBP) game is not to play. Don’t have anything available for them.

Is there any way to quickly wipe and restore a full macOS? or other OS for that matter? As someone who travels, well, all the time, it seems a massive amount of overhead at the moment.

If everything is in the cloud, that means I have to be sure to have fast, reliable internet at my destination (which is definitely not always the case). And any way I can think of to securely travel with a copy of my data is just the same problem: the CBP can request I unlock the other device.

Ideally, we just wouldn't be able to be compelled to unlock our data, without the high probability of being forced to hand over the device because of our refusal. How is this not a violation of the Fourth Amendment? It's frustrating in the least.

Re: Border Search of Electronic Devices – CBP Directive [pdf]

#50

Post by tptacek »

ComputerGuru wrote: post #29
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…

Yes, it’s indeed over the top. Here’s a map by the ACLU: https://goo.gl/images/HpPYby

It is indeed over the top. Almost too much to believe. Oh, wait. It is too much to believe.

This notion that any place within 100 miles of a border is a "4th Amendment Free Zone" is an urban legend. The ACLU should stop spreading it.

The exact issue we're talking about here has been tried all the way through the Supreme Court, which found that the border search exemption only applies to people with some nexus to an actual border crossing.

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