Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
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Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#2> The court’s holding hinged on four differences between manual and forensic searches: (1) in a manual search, a person does the searching, not a machine; (2) a manual search’s breadth depends on the officer’s time and energy, while forensic searches are comprehensive; (3) manual searches reveal only what a user can typically access, while forensic searches can uncover deleted files, cached fragments, metadata, and more; and (4) manual searches are subject to an officer’s fading memory or imperfect notes, while forensic searches create a permanent copy.
> But in identifying these technical differences, the court never explains why they justify a lower standard for manual searches.
Their observations precisely describe the situation the authors of the constitution would expect of every search (barring consideration of concepts foreign to them), when they included the fourth amendment. I would be very interested to hear the court's justification, though I suppose the absence of such speaks for itself.
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#3You deserve a secure device: https://grapheneos.org
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#4You deserve a secure device: https://grapheneos.org
That doesn't help for the kind of search happening here. If the traveler refuse to give the agent the access demanded, they would be denied entry. We need courts to protect the privacy so that you have the right to say no.
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#5> The court’s holding hinged on four differences between manual and forensic searches: (1) in a manual search, a person does the searching, not a machine; (2) a manual search’s breadth depends on the officer’s time and energy, while forensic searches are comprehensive; (3) manual searches reveal only what a user can typically access, while forensic searches can uncover deleted files, cached fragments, metadata, and m…
It reflects the absolutely pathetic state of the judiciary and their ability to understand the way technology relates to a pre technological age.
Obviously, even absent technology, judges making these decisions and not even explaining major aspects of it would be unacceptable. But the technology gives complexity that they love to use as a shield, or as a sword against things they secretly don’t like.
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#6If you have something incriminating on your phone then wipe it before you cross the border and restore it afterwards.
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#7If you have something incriminating on your phone then wipe it before you cross the border and restore it afterwards.
You may have “incriminating” stuff that you are unaware of:
https://techcrunch.com/2019/09/02/denied-entry-united-states...
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#8You deserve a secure device: https://grapheneos.org
That doesn't help for the kind of search happening here. If the traveler refuse to give the agent the access demanded, they would be denied entry. We need courts to protect the privacy so that you have the right to say no.
I still don’t get why there’s no way to set up a second pin that unlocks the phone but hides sensitive apps and data.
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#9Earlier quoted context omitted.
That doesn't help for the kind of search happening here. If the traveler refuse to give the agent the access demanded, they would be denied entry. We need courts to protect the privacy so that you have the right to say no.
I still don’t get why there’s no way to set up a second pin that unlocks the phone but hides sensitive apps and data.
They don't want to implement something that's only effective against low-level attackers because it would give their users a false sense of security and wouldn't be robust for situations involving any mid-level or advanced attacker. It would also be quickly documented so low-level attackers would be able to find out about it easily once it became common knowledge.
There's a lot of discussion about it you can search "deniability" on their GitHub issue tracker or socials.
Re: Fourth Circuit: Border Agents Can Search Your Phone by Hand, No Suspicion Needed
#10Earlier quoted context omitted.
That doesn't help for the kind of search happening here. If the traveler refuse to give the agent the access demanded, they would be denied entry. We need courts to protect the privacy so that you have the right to say no.
I still don’t get why there’s no way to set up a second pin that unlocks the phone but hides sensitive apps and data.
This is great, so long as you don't get caught.
But if you get caught, the consequences could be disastrous. For the person whose phone it is, you could get a lifetime ban from the US or charged with a felony. For the developer of a such a feature, the feds are very likely to come after them too (I think there's a strong 1st amendment case, but I wouldn't like to have to fight it in court!)