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

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

#21

Post by dylan604 »

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 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 you for however long and ruin your day and even keep your devices, but you get to go home.

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

#22

Post by gruez »

jazz9k wrote: post #18
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

>China installs malware to spy on you. The US doesn't do this.

Source? Are we talking on random travelers, or targeted individuals? I seriously doubt china is doing the former, and I also seriously doubt the US doesn't engage in the latter.

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

#23

Post by KennyBlanken »

A friendly reminder that the CBP has decreed itself to have authority within 100 miles of any US border, as that it is its interpretation of "a reasonable distance" from said border.

That basically encompasses two thirds of the population.

The last two years have demonstrated a radical need to curtail that range of authority and shift from it being vaguely specified to a concrete legislative specification.

Even ten miles seems (pardon the pun) borderline excessive. There is no reason CBP can't hand off stuff to local, county, state, or federal domestic law enforcement. We have no shortage whatsoever of law enforcement in this country and they're able to communicate inter-agency better than ever via cell phone, tools like slack/teams, text messages, email, and long distance digital radio systems.

Maybe in the 1950's when all they had were shitty radios given them that sort of range was appropriate. Not anymore.

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

#24

Post by abujazar »

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.

That's exactly what European governments and corporations will have to start doing. Adding the US to the same list as Russia, China, Israel, Iran etc.

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

#25

Post by smdyc1 »

866-RON-0-FEZ wrote: post #10
Caarticles wrote: post #3

Earlier quoted context omitted.

The list of countries where you need a burner phone will likely grow longer. Canada, Australia, UK, some developing countries, etc...

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.

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

#26

Post by KennyBlanken »

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."

That's not notable at all given a lot of content is synced to the device, not even counting temporary and cache files.

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

#27

Post by phoronixrly »

dylan604 wrote: post #21
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 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...

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

#28

Post by stavros »

XorNot wrote: post #17
ZiiS wrote: post #9

Earlier quoted context omitted.

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.

Adb backup exists, though I haven't tried it, and Google cloud backup does this. However, if you trust Google, you probably already trust the US.

Unfortunately, I don't know of any other app that does this on an unrooted phone.

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

#29

Post by chasd00 »

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.

Going to China means your devices are owned when the plane touches down if not before. That’s why you bring a burner device (including laptop and anything else), never log into anything, and throw it in the trash when you leave.

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

#30

Post by TylerE »

KennyBlanken wrote: post #23

A friendly reminder that the CBP has decreed itself to have authority within 100 miles of any US border, as that it is its interpretation of "a reasonable distance" from said border. That basically encompasses two thirds of the population. The last two years have demonstrated a radical need to curtail that range of authority and shift from it being vaguely specified to a concrete legislative specification. Even ten m…

More importantly, they count ocean as border.
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