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New Zealand travellers refusing digital search now face $5k Customs fine

radionz.co.nz

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Re: New Zealand travellers refusing digital search now face $5k Customs fine

#531
During my layover in Germany, after scanning my bag the security agents wanted to see if my DSLR was actually a camera. They did this by requesting to see live image through the LCD screen. Thankfully it was charged but I wonder how things would have gone if I ran out of battery.

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#533

Earlier quoted context omitted.

You know I used to question why on earth would Trump want to "build a wall". But I think your comment (along with the previous comments) somehow made a good justification for it. Anyway, it is quite apparent that we have fundamentally different views on these issues, so let's agree to disagree and call it a day.

Unfortunately your views are fundamentally opposed to what most people (at the very least here ) would define as freedom and civil rights.

Judging from the negative scores, you are right.

Does that mean I am going to self-sensor my views to avoid losing karma? No. You have your rights to disagree, I have my rights to express my views.

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#534
The only terrorist incident to ever occur in New Zealand was perpetrated by French government agents.

https://en.wikipedia.org/wiki/Sinking_of_the_Rainbow_Warrior

They were caught by a normal homicide investigation, as almost all murders in New Zealand are. No special terrorism laws, border searches or secret warrants.

This is not just a pointless invasion of privacy in the name of security theatre, it’s a needless waste of time and money.

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#535
post #143

I wonder ho such policies work when you're hauling a device for somebody else. "Oh sorry this is my husbands's phone. And that laptop? It's my daughter's." Or simply: "Oh my, I just got a new PIN and now I forgot it." Is it permissible to punish somebody for not knowing or for forgetting? And if not, who has the burden of proof? I find that these questions have no good answer. For this reason alone I regard laws that…

Under US law you can be compelled by a court to unlock (provide passwords / decrypt) a device if the contents of the device are known (the helpful search term for this is forgone conclusion). Otherwise it should be covered under the 5th. As for "forgetting" a password in this case, you will be held in contempt of court if they don't believe you, which can mean indefinite detention.

IIRC there are some historic high court rulings setting a precedent that detaining a defendant for not furnishing some information (combination to a lock) violates their protection against compelled self incrimination / right to remain silent but if it was a physical object (key to a lock) that did not necessarily voilate same rights. This has now led to digital age cases where the prosecution suggests a password should be analogous to a key, not an idea. On a quick search, I couldn't find the relevant cases or discussion...

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#536
post #286

Earlier quoted context omitted.

>>It ruined the vacation for me, and I've stopped visiting Canada because of how disgusted I felt afterwards. I don't blame you for this at all, but I will say this is bi-directional; as a Canadian, when I travel to the US, I get the same bullshit questioning and phone snooping on occasion. The current controversy on border crossing is that, despite marijuana becoming legalized in Canada shortly, if you admit to smok…

Now I want to go to Canada repeatedly just to get them to try to decrypt my phone. "You know, I don't recall the darn password. I'll just go have a seat while you do your thing." I'd be interested to know if they could!

They won't. They'll just keep the phone and send you on your way. You might be lucky if you get it back in 4 months likely never.

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#537

This happened to me driving from the US into Canada with my significant other on a short vacation. After some routine questioning, the agent asked for our phones and passwords. Naturally, I hesitated and wanted to know why he needed to go through our phones. He didn't give a reason, but said if I refuse they'd hold us until their forensics team cracks the phone password anyway. I wanted to make a bigger deal about it…

You have no right to privacy when crossing an international border. The solution is simple - don't carry any data you don't want to give to the country you're entering.

There should be for citizens of the United States re-entering the United States.

It says so in the Constitution. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

That is not how it is in practice, but the Constitution is quite clear on the subject.

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#538

The fine seems a very odd way to enforce it. If my phone had the details of the people I've been assigned to assassinate and calendar invites from the chaps I'm going to buy cocaine off, I'd probably just pay the fine.

>calendar invites from the chaps I'm going to buy cocaine off, I'd probably just pay the fine.

Maybe they considered this ;)

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#539

This happened to me driving from the US into Canada with my significant other on a short vacation. After some routine questioning, the agent asked for our phones and passwords. Naturally, I hesitated and wanted to know why he needed to go through our phones. He didn't give a reason, but said if I refuse they'd hold us until their forensics team cracks the phone password anyway. I wanted to make a bigger deal about it…

You have no right to privacy when crossing an international border. The solution is simple - don't carry any data you don't want to give to the country you're entering.

This is 100% the right solution, and there's a pretty easy way to accomplish this, with iPhones at least:

   Back up to iCloud
   Wipe your phone
   Cross the border
   Restore from iCloud
And yes, this may fail visiting China, because who knows what the Great Firewall will block.

Re: New Zealand travellers refusing digital search now face $5k Customs fine

#540
post #419

Earlier quoted context omitted.

As a Canadian who has gone both ways dozens of times, I’ve definitely gotten a much tougher treatment by the Canadian side. I had to bite my tongue to not say “I’m a citizen, you have to let me in.”

this comment made me sad. i am a south asian national, i do have a canadian tourist visa and was hoping to go watch F1 in 2019 in Montreal. reading all of this is probably going to change that plan :/

I'm a Canadian, and the most nerve wracking question I was ever asked (that I can recall) was:

    Do you bring back any food ?
(I had a undeclared box of cereal in my backpack)
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