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Courts Close the Loophole Letting the Feds Search Your Phone at the Border

reason.com

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Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#131

Post by [deleted] »

ranger_danger wrote: post #120
withinboredom wrote: post #68

Earlier quoted context omitted.

I had a cop search my car once and he “found” drug paraphernalia. I don’t do any drugs, ever in my life. I’ve seen what it does to people from a young age and I had never seen that paraphernalia ever before in my life; also, this car was brand new and I had only driven it less than two miles from the dealership. My only crime was speeding on an empty road in a brand new car, but this cop taught me they are all crooke…

I do not think one bad experience means they are all bad. This trope is perpetuated so often that even mentioning it gets massive downvotes. Popular opinion doesn't always mean they're "right". I think we all need to learn that there are different ways of interpreting things that influence people's opinions, and we should be open to the possibility that we might be "wrong" in someone else's context, myself included.…

[deleted]

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#132

Post by parineum »

ASalazarMX wrote: post #117
ahdlakg wrote: post #85

It is amazing how the U.S. consistently gets away with this and is still perceived as a free country. In the 1980s the only border I knew where printed material was searched was the East German border. Back then the practice was considered outrageous.

What I find more egregious is, if this somehow sticks, non-USA citizens are still not protected from these invasive searches. This should be a human rights issue, not a local law.

Non-citizens don't have a right to cross the border.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#134

Post by ProllyInfamous »

stackskipton wrote: post #116
ProllyInfamous wrote: post #105

Earlier quoted context omitted.

[flagged]

Then your visa will be denied and case closed.

Imagine if it were actually one of your social media handles, though [what I wrote above].

Just as example, I'm one of those weirdos with the vehicle tag "No Plate" — never received anything but laughs from police officers.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#135

Post by anal_reactor »

parineum wrote: post #132
ASalazarMX wrote: post #117

Earlier quoted context omitted.

What I find more egregious is, if this somehow sticks, non-USA citizens are still not protected from these invasive searches. This should be a human rights issue, not a local law.

Non-citizens don't have a right to cross the border.

Yeah but it doesn't mean that anal cavity search is necessary

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#136

Post by usr1106 »

returningfory2 wrote: post #75
usr1106 wrote: post #70

Earlier quoted context omitted.

The article does not seem to cover that question. From previous discussions I have the impression that foreigners are not granted any constitutional rights at the border or even when in their home country (their communication can be freely intercepted). So the US is nowadays on my personal list of totalitarian states that I don't want to travel to. They definitely have better legislation and courts than Russia or Nor…

Which countries do you think have better rights regimes than the US? Ie which countries _are_ you willing to travel to?

I live in the Schengen area. So I can travel to all countries in the Schengen area by just carrying a government id without any regular border controls. (Yes, there are countries that have broken the rules of the treaty.)

In general I am very skeptical about the concept of citizenship. It's an instrument of discrimination.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#137

Post by usr1106 »

wasyl wrote: post #93
southernplaces7 wrote: post #91

Earlier quoted context omitted.

A continent where laws capable of sending you to prison for freely expressing certain opinions is your counter example to a lack of certain advanced individual rights in the U.S.

Can you clarify which laws and opinions you have in mind?

Not OP of that particular statement, but in Germany you can get imprisoned for denying that holocaust has happened.

However, I would question whether denying historical facts is an opinion. There seem to be fewer cases of people demanding that the holocaust should be resumed. That I would call an opinion. I assume that it would lead to prison if repeated often enough, albeit based on a different law. Still, I am more willing to travel to such country than to a country requesting my passwords at the border. Call it illogical or not, it's my preference.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#138

Post by usr1106 »

jkaplowitz wrote: post #81
usr1106 wrote: post #70

Earlier quoted context omitted.

The article does not seem to cover that question. From previous discussions I have the impression that foreigners are not granted any constitutional rights at the border or even when in their home country (their communication can be freely intercepted). So the US is nowadays on my personal list of totalitarian states that I don't want to travel to. They definitely have better legislation and courts than Russia or Nor…

The US absolutely does grant full constitutional rights to noncitizens who are physically inside the US, excepting only those inherently tied to US citizenship. (Those are surprisingly few - there is actually not even an explicit right to vote stated in the US constitution, but certainly it is constitutional that noncitizens are not generally allowed to vote). At border checkpoints on US soil, the border search excep…

That sounds too good to be true. I neither have the legal skills nor the knowledge about the US constitution to tell you where it's incorrect.

I occasionally read the AMA of the immigration lawyer here on HN just for curiosity. I have no intention whatsoever to work in the US, but my impression is that many aspects of visa system sound like treating foreigners as shit in real life. Weird rules, lack of resources, in practice if things go wrong for reasons unrelated to the person you'll lose your visa. Does not sound like full rights when on American soil.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#139

Post by usr1106 »

returningfory2 wrote: post #75
usr1106 wrote: post #70

Earlier quoted context omitted.

The article does not seem to cover that question. From previous discussions I have the impression that foreigners are not granted any constitutional rights at the border or even when in their home country (their communication can be freely intercepted). So the US is nowadays on my personal list of totalitarian states that I don't want to travel to. They definitely have better legislation and courts than Russia or Nor…

Which countries do you think have better rights regimes than the US? Ie which countries _are_ you willing to travel to?

Another point of view is: In practice you have to compromise. I certainly don't approve all measures of the government were I live or the government of my passport (which are different). Still I am not actively trying to leave the country or change my citizenship although there would be no big hinders to do either.

For travelling I am much more free to set my preferences. And the US has happened to end up on my personal shit list because of their border procedures. I know them since the 1980s and they have always been some kind of unpleasant, although nothing bad has ever happened to me. I have no criminal intent, you just need to learn to play the game to get through. But in the digital age I don't want to play their game anymore.

Re: Courts Close the Loophole Letting the Feds Search Your Phone at the Border

#140

Post by herbst »

dheera wrote: post #124
herbst wrote: post #64

Earlier quoted context omitted.

They just have to change the language back to English What's the alternative? The guy paid $1000+ just to get there and spent 3+ hours at customs. Refusing is basically saying "ok I fly back home"

remove English from the OS

People that travel to the US usually want to actually get into the US. Why would they make it hard on themself?
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