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CBP Directive 3340-049B: Border Search of Electronic Devices

cbp.gov

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Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#11

Post by soyunpendej0 »

> 5.1.3 An officer may conduct a basic search of an electronic device with or without suspicion, subject to the requirements and limitations provided herein and applicable law.

> 5.1.4 An officer may perform an advanced search of an electronic device only in instances in which there is reasonable suspicion of activity in violation of the laws enforced or administered by CBP or, in the absence of individualized reasonable suspicion when there is a national security concern.

In this climate, the qualifiers in 5.1.4 should be assumed to apply 100% of the time.

So, if you bring a device, be prepared to either unlock it and hand it over to be mirrored or abandon it and deal with whatever consequences fall out of that decision.

I'm probably never leaving this shithole again but, if I do, I'm coming and going empty-handed.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#12

Post by cyanydeez »

soyunpendej0 wrote: post #11

> 5.1.3 An officer may conduct a basic search of an electronic device with or without suspicion, subject to the requirements and limitations provided herein and applicable law. > 5.1.4 An officer may perform an advanced search of an electronic device only in instances in which there is reasonable suspicion of activity in violation of the laws enforced or administered by CBP or, in the absence of individualized reason…

that's not your only options, but the ones likely everyone will follow. Guidance does not equal law.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#13

Post by geekone »

userbinator wrote: post #6

The legalese is thick but this is a notable point I saw from a quick skim: 5.3.2 "Passcodes or other means of access may not be utilized to access information that is only stored remotely."

looks like they can request your passcode to unlock the phone so anything local and/or cached before they disable network connectivity would be there.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#14

Post by aucisson_masque »

ZiiS wrote: post #9
gonzalohm wrote: post #5

Earlier 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

All backup apps work, no special requirements. Seedvault for my LiniageOS.

Seedvault doesn't work half of the time.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#16

Post by chrsstrm »

This directive was issued in January of this year, what is relevance of being posted today?

I love all the instances where it says, we will not do this or infringe in this way... unless it is a matter of national security, which we don't have to disclose to you. So basically, do what you want as long as you write it up properly.

And this part: 5.3 Review and Handling of Passcode-Protected or Encrypted Information 5.3.1 Travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents. If presented with an electronic device that is protected by a passcode, encryption, or other security mechanism, an officer may request the individual's assistance in presenting the electronic device and the information contained therein in a condition that allows inspection of the device and its contents. Passcodes or other means of access may be requested and maintained for the duration of the search if needed to facilitate the examination of an electronic device or information contained on an electronic device, including information on the device that is accessible through software applications present on the device that is being inspected or has been detained, seized, or retained in accordance with this Directive.

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. That goes against the obligated to present devices in a condition that allows inspection portion.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#17

Post by XorNot »

ZiiS wrote: post #9
gonzalohm wrote: post #5

Earlier 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

All backup apps work, no special requirements. Seedvault for my LiniageOS.

They don't work well in my experience.

What I want is to get my home screen back exactly as I left it: I've not found anything able to pull it off on Android though.

Ideally it would be an exact flash image of the phone.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#18

Post by jazz9k »

itstotallykyle wrote: post #2

It's wild, I have worked internationally for a long-time and the rule when going to certain countries was bring a burner device. Going to China essentially meant the device was nuked on return to the States, now it is the same feeling to/from the US.

China installs malware to spy on you. The US doesn't do this. Totally different situation.

This also happens in many other countries

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#19

Post by rockskon »

somebudyelse wrote: post #8

Don't think this is anything new? Have seen various cases from years ago where they searched texts to determine if the person was planning on working or visiting. Edit: the first directive apparently was from 2009: https://www.jdsupra.com/legalnews/new-policy-for-device-sear...

Expanding the scope of it is new.

Re: CBP Directive 3340-049B: Border Search of Electronic Devices

#20

Post by mtremsal »

chrsstrm wrote: post #16

This directive was issued in January of this year, what is relevance of being posted today? I love all the instances where it says, we will not do this or infringe in this way... unless it is a matter of national security, which we don't have to disclose to you. So basically, do what you want as long as you write it up properly. And this part: 5.3 Review and Handling of Passcode-Protected or Encrypted Information 5.3…

I think the context is just mass international travel due to the US hosting the World Cup, no?
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