Man sues feds after being detained for refusing to unlock his phone at airport • Hacker News Board

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#21

Post by petronio » Wed, Dec 19, 2018, 7:09 AM UTC

gabrielmoshe wrote: post #3

This is certainly not the first article of its kind, and the legality of such action seems to be upheld in court (at least the use of search without a warrant at the border). So, the selfish question then is: How do I protect myself from such unwarranted searches? Is there a way I can present my phone such that it drops into a mode that contains no data? Do I need to back my phone up before traveling, wipe it for the…

For mobile devices there are apps that will pretend to be something innocuous (say, a clock, or a flashlight app), and actually work as hidden storage. It would depend on whether the agents are using computerized inspection or manually looking through your phone (as they could easily build a blacklist of such apps), but if they're doing it manually and the app really does do the function it suggests it does and has a hidden unlock mechanism, they won't detect it.

For laptops, you can install multiple operating systems and simply set the BIOS or EFI bootloader to boot the dummy one by default when going to the airport and make sure the dummy hides the partitions of the real one. Once again, this will fool manual inspection, but not computerized. Fooling computerized inspection would require placing the real encrypted file system within the dummy one, without any headers indicating that it's a file system: much more complicated and can lead to data loss if the dummy system writes over it.

Either way, you don't want to simply wipe everything and restore once you're across borders if you actually want to cross. For one, there's the chance they'll just confiscate your device, but if you're not a citizen of the country you're entering, they'll just deny you entry on suspicion. You want something that's fake, but convincing, which takes effort.

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#22

Post by bruceb » Wed, Dec 19, 2018, 7:10 AM UTC

The problem with Customs and Border Protection is the attitude. They do have a challenging job. 99%+ of travelers are legit and doing nothing nefarious. They have to pick out the ones who are not legit/up to no good. I have no problem with them asking questions of myself or other travelers, even a lot of questions.

The problem is the attitude and abusive nature of their conduct. I have had this experience a couple times and one time with my mother and I am a citizen. Plenty of other countries have customs/border agents that quiz you without attacking or belittling you.

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#23

Post by ams6110 » Wed, Dec 19, 2018, 7:11 AM UTC

superkuh wrote: post #5

gabrielmoshe wrote: post #3

This is certainly not the first article of its kind, and the legality of such action seems to be upheld in court (at least the use of search without a warrant at the border). So, the selfish question then is: How do I protect myself from such unwarranted searches? Is there a way I can present my phone such that it drops into a mode that contains no data? Do I need to back my phone up before traveling, wipe it for the…

Don't forget that the border zone extends 100 miles in from the actual border (including the great lakes). Most US people live their entire lives in the constitution free zone where this kind of violation is allowed.

However the authority using "border zone" justification for a warrantless search must also have probable cause to believe you have recently crossed the border.

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#24

Post by gammateam » Wed, Dec 19, 2018, 7:11 AM UTC

rjzzleep wrote: post #11

Here's are the procedings [1] and the complaint [2] Say what you will about the US and the fact that you can get shot for looking at the wrong guy at the wrong time, but the mere fact that this happening and so easy to follow is quite interesting. In Germany you'd be laughed out of the room and I've had my fair share of racism to deal with from the authorities despite having grown up here. [1] https://www.courtlisten…

Sorry who would be laughed out of the room and for what? It wasnt clear to me from what you wrote

Also I found it interesting that Germans perceive the US as overly litigious but I found an article that said Germany has more lawsuits (per capita? In absolute totals?), funny how perception takes a long time to catch up to various forms of reality

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#25

Post by Pawka » Wed, Dec 19, 2018, 7:12 AM UTC

eganist wrote: post #2

Was this incident recorded by any passers-by? It may sound as if I'm asking out of doubt, but rather, I'm asking to see if my hunch that CBP is equally as reckless and uncaring in front of a camera as e.g. other law enforcement agencies.

It is not allowed to use phone/camera at the Customs area.

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#26

Post by cronix » Wed, Dec 19, 2018, 7:12 AM UTC

gabrielmoshe wrote: post #3

This is certainly not the first article of its kind, and the legality of such action seems to be upheld in court (at least the use of search without a warrant at the border). So, the selfish question then is: How do I protect myself from such unwarranted searches? Is there a way I can present my phone such that it drops into a mode that contains no data? Do I need to back my phone up before traveling, wipe it for the…

Back it up to the cloud and wipe it. Download backup on other side. Sure, officer, have at it .

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#27

Post by ilikepi » Wed, Dec 19, 2018, 7:13 AM UTC

ams6110 wrote: post #20

dylan604 wrote: post #18

Earlier quoted context omitted.

Also, lipo batteries are "discouraged" from being checked. edit: adding quotes to help signal the sarcasm

s/discouraged/prohibited/ if I'm not mistaken.

I thought this, too, but apparently a small device with an installed battery can be checked. Specifically, you can check a device with an installed battery of up to 100 watt hours. If the battery is loose, it has to be carried on. If is larger capacity, it might need special approval.

[0]: https://www.tsa.gov/travel/security-screening/whatcanibring/...

[1]: https://www.faa.gov/about/office_org/headquarters_offices/as... (PDF)

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#28

Post by gammateam » Wed, Dec 19, 2018, 7:13 AM UTC

So did anybody call a lawyer like he asked? Reminds me of the movie Trading Places where Eddie Murphy asked for a lawyer and all of the aristocrats coughed and turned away

My rehearsed line is “you in the I’ll split the settlement with you if you record this and call a lawyer!”

Gotta disrupt the bystander syndrome by calling out a particular person

And provide the financial incentive

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#29

Post by gnicholas » Wed, Dec 19, 2018, 7:13 AM UTC

bruceb wrote: post #22

The problem with Customs and Border Protection is the attitude. They do have a challenging job. 99%+ of travelers are legit and doing nothing nefarious. They have to pick out the ones who are not legit/up to no good. I have no problem with them asking questions of myself or other travelers, even a lot of questions. The problem is the attitude and abusive nature of their conduct. I have had this experience a couple ti…

I think your last sentence should say “without”, not “with”.

Re: Man sues feds after being detained for refusing to unlock his phone at airport

#30

Post by flyinglizard » Wed, Dec 19, 2018, 7:14 AM UTC

ams6110 wrote: post #20

dylan604 wrote: post #18

Earlier quoted context omitted.

Also, lipo batteries are "discouraged" from being checked. edit: adding quotes to help signal the sarcasm

s/discouraged/prohibited/ if I'm not mistaken.

Only when they are outside a device. So checking in a laptop with a battery is fine, checking in only the battery is not.

However last time I checked (few years ago) there was also a wattage limitation to that, batteries below 99watt/hour could be checked in. A phone battery is about 10watt/hour, laptop 100-200wh.