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CBP Directive 3340-049B: Border Search of Electronic Devices
61–70 of 142 posts
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#62Earlier quoted context omitted.
> I had thought (and Supreme Court ruled) you could not be compelled to unlock an encrypted device, which is why I always powered mined down before crossing. Does that apply to non-citizens? If a CBP officer doesn't like you as a non-citizen, like your lack of cooperation during an interview, they could just deny your visa and your entry into the US. If you're a citizen, they can't deny your re-entry. They can delay…
I think assuming that the CBP will adhere to the law is based on a pretty outdated mindset. I'd say at least since the current management, but more likely since 9/11...
I'd even call it a delusional mindset. For context, CBP and ICE were both formed in 2003. Jenn Budd has several books on this topic if you want to understand why a growing number of people want to abolish CBP, ICE, and even the entire DHS, which itself was formed only a year prior in 2002. These are very recent organizations in our nation's history, and if we're fine putting things like the Dpt of Education on the chopping block, why not DHS?
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#63Earlier quoted context omitted.
Not really sure what you're arguing, but it's not an answer to my question
You don't "have to", but they can deport you and refuse entry in the future in retaliation. It's a variant of the TSA not being able to "compel" you to a search, but they can refuse you from flying.
They can lie, and pretend you’re uncooperative,
or that their investigation took longer than the duration until your intended flight,
but, no, they can’t legally refuse you from flying without cause or suspicion.
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#64Earlier quoted context omitted.
Not really sure what you're arguing, but it's not an answer to my question
You don't "have to", but they can deport you and refuse entry in the future in retaliation. It's a variant of the TSA not being able to "compel" you to a search, but they can refuse you from flying.
The question was: "Does that apply to non-citizens?"
Saying "they can deport you" without specifying whether the hypothetical "you" is a citizen or not means you did not answer the question.
Not that you have to answer a stranger's question, but I thought I would clear the confusion in the hope it may be helpful.
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#65Earlier quoted context omitted.
Australia's been doing this forever.
We have? My international relatives have never been searched to that degree, if at all. That said, the whole thing is overreach in any democratic society.
I've binge watched enough Australian Border Patrol videos to know that:
1. You don't fuck around with Australian customs agents. Ever.
2. They make every other country look like complete lightweights, Americans and EU included. These guys will fine you AU $500 for half an eaten apple in your bag.
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#66Earlier quoted context omitted.
Someone should make an app to offload all your data to a personal cloud before going to the airport and then reload it into the phone after going through customs
In the case of Apple, couldn't you reset the phone, sign in to a backup iCloud account, and then repeat the process with your real account once you're clear? Not a fast process, but most people have GBs of personal data so nothing would be quick anyways.
In theory that could work (although I have never owned an iPhone) but usually there is stuff that doesn't backup (specially settings for apps, logged accounts, etc.) and it becomes tedious to have to sign in manually.
Ideally we should be able to just snapshot everything and then restore from that state. Kind of like EC2 or Digital Ocean
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#67Earlier quoted context omitted.
You don't "have to", but they can deport you and refuse entry in the future in retaliation. It's a variant of the TSA not being able to "compel" you to a search, but they can refuse you from flying.
The question was: "Does that apply to non-citizens?" Saying "they can deport you" without specifying whether the hypothetical "you" is a citizen or not means you did not answer the question. Not that you have to answer a stranger's question, but I thought I would clear the confusion in the hope it may be helpful.
The premise (non-citizen) is in the question and doesn't need to be repeated. C'mon, this isn't grade school where you have to answer questions by first restating the question in its entirety.
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#68Earlier quoted context omitted.
We have? My international relatives have never been searched to that degree, if at all. That said, the whole thing is overreach in any democratic society.
I've binge watched enough Australian Border Patrol videos to know that: 1. You don't fuck around with Australian customs agents. Ever. 2. They make every other country look like complete lightweights, Americans and EU included. These guys will fine you AU $500 for half an eaten apple in your bag.
They may fine you for attempting to import a plant, but they won't imprison you in El Salvador for having liked a meme they don't like on US social media.
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#69Earlier quoted context omitted.
Someone should make an app to offload all your data to a personal cloud before going to the airport and then reload it into the phone after going through customs
In the case of Apple, couldn't you reset the phone, sign in to a backup iCloud account, and then repeat the process with your real account once you're clear? Not a fast process, but most people have GBs of personal data so nothing would be quick anyways.
It's impossible to log in with just a password, you need to okay it on an Apple device. If ICE has that Apple device and a person who knows the password they can do the same.
Also they'll detain you for having a suspicious burner phone and interrogate you about your social media etc.
Re: CBP Directive 3340-049B: Border Search of Electronic Devices
#70Earlier quoted context omitted.
The border search exception was designed by the framers.
The collection act originally was intended to apply to merchandise and merchant ports. The concept was judicially expanded upon in 1925 but wasn't fully ensconced into federal law until 1952.
At actual border crossings, the practice at the time of the framers was that warrantless searches/inspections at border crossings were normal and permissible.