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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]

#51

Post by tptacek »

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…

What Almeida-Sanchez held is that searches under the border search exemption need to be connected somehow to an actual border crossing, not that they need to occur "at the border". But by the logic of Almeida-Sanchez, the "extended border" is a limiting factor for the government: it suggests that whether or not you've recently crossed, if you're more than 100 miles from the crossing, the border search exception no longer applies.

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

#52

Post by QAPereo »

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 major crimes we still recognize haven’t changed since humans started scratching on clay tablets. Murder, theft, rape, assault/battery, etc. Who was counted as a person and who the manner of gaining justice has changed, but not the crimes.

https://en.m.wikipedia.org/wiki/Code_of_Hammurabi

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

#53

Post by tptacek »

paulsutter wrote: post #31
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?

From https://www.cbp.gov/newsroom/national-media-release/cbp-rele... : > In FY17, ... Approximately 0.007 percent of arriving international travelers processed by CBP officers (more than 397 million) had their electronic devices searched I would guess devices are searched at the border for parallel reconstruction (to find information they already know without disclosing details about surveillance)

You would guess that based on what evidence? Just first principles, in the sense that if you ran an DOJ and a CBP with what you believe the same objectives as the real DOJ and CBP, that's what you'd do?

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

#55

Post by sandworm101 »

rrix2 wrote: post #33
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…

At some point weren’t they also trying to argue that an international airport constituted an extended border for these purposes?

There isn't much need to argue. People traveling to/from international destinations can be easily searched under a number of different theories. Fly Vancouver>Vegas and you can be searched in Vegas despite having already been searched in Vancouver. Sometimes if they find something in Vancouver they will still put you on the plane as arresting you for a US crime in Vegas is much cheaper than in Vancouver (normally done for people with outstanding warrants).

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

#56

Post by smoyer »

provost wrote: post #3

Section 5.3 pertains to requesting passcodes, and that an Officer may ask you for the passcode (I don't see anything about individuals being obligated -- though see 5.3.4, which could be interpreted by "legal remedies"). However, section 5.3.3 says: > If an officer is unable to complete an inspection of an electronic device because it is protected by a passcode or encryption, the Officer may, in accordance with secti…

My employer made me sign an agreement that states (among other things) sharing passwords/passcodes is not allowed and that termination is a potential result of a violation of this policy. I'm going to keep my job and not unlock the whole-disk crypto protecting the data on my drive.

Since I work for an educational institution, there is potentially FERPA protected data on my drive. In some instance we also deal with HIPPA data. It's also interesting because my password manager stores it's data as encrypted files on that drive (mirrored from the cloud). I'm certainly not unlocking that either.

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

#57

Post by tptacek »

smoyer wrote: post #56
provost wrote: post #3

Section 5.3 pertains to requesting passcodes, and that an Officer may ask you for the passcode (I don't see anything about individuals being obligated -- though see 5.3.4, which could be interpreted by "legal remedies"). However, section 5.3.3 says: > If an officer is unable to complete an inspection of an electronic device because it is protected by a passcode or encryption, the Officer may, in accordance with secti…

My employer made me sign an agreement that states (among other things) sharing passwords/passcodes is not allowed and that termination is a potential result of a violation of this policy. I'm going to keep my job and not unlock the whole-disk crypto protecting the data on my drive. Since I work for an educational institution, there is potentially FERPA protected data on my drive. In some instance we also deal with HI…

Which is fine, since you're a US citizen and can't be denied entrance. They're going to confiscate your devices, though.

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

#58

Post by paulsutter »

tptacek wrote: post #53
paulsutter wrote: post #31

Earlier quoted context omitted.

From https://www.cbp.gov/newsroom/national-media-release/cbp-rele... : > In FY17, ... Approximately 0.007 percent of arriving international travelers processed by CBP officers (more than 397 million) had their electronic devices searched I would guess devices are searched at the border for parallel reconstruction (to find information they already know without disclosing details about surveillance)

You would guess that based on what evidence? Just first principles, in the sense that if you ran an DOJ and a CBP with what you believe the same objectives as the real DOJ and CBP, that's what you'd do?

Two reasons:

(1) There were posts on HN around the time of the Snowden news of border agents presenting private emails, in one instance someone was traveling as a tourist but had email inviting them to perform as a musician

(2) In individual stories I read of searched phones, the agent already knew where to look (for example, went directly to an app with discussion arranging paid hookups)

We already know that parallel reconstruction is common for surveillance used by law enforcement (DEA, local police using Stingray, etc) so that seems more believable than random spot checks on .007% of people.

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

#59

Post by slededit »

sandworm101 wrote: post #55
rrix2 wrote: post #33

Earlier quoted context omitted.

At some point weren’t they also trying to argue that an international airport constituted an extended border for these purposes?

There isn't much need to argue. People traveling to/from international destinations can be easily searched under a number of different theories. Fly Vancouver>Vegas and you can be searched in Vegas despite having already been searched in Vancouver. Sometimes if they find something in Vancouver they will still put you on the plane as arresting you for a US crime in Vegas is much cheaper than in Vancouver (normally don…

It's not just cheaper they are not allowed to arrest you in Canada. They can only deny entry or detain you until the Canadian authorities make the arrest.

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

#60

Post by foobarbazetc »

tptacek wrote: post #57
smoyer wrote: post #56

Earlier quoted context omitted.

My employer made me sign an agreement that states (among other things) sharing passwords/passcodes is not allowed and that termination is a potential result of a violation of this policy. I'm going to keep my job and not unlock the whole-disk crypto protecting the data on my drive. Since I work for an educational institution, there is potentially FERPA protected data on my drive. In some instance we also deal with HI…

Which is fine, since you're a US citizen and can't be denied entrance. They're going to confiscate your devices, though.

Can LPR’s be denied entrance for refusing to unlock?
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