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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

#31

Post by Kim_Bruning »

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.

For GDPR reasons alone it's probably not a good idea to take a business phone across certain borders. You run the risk of disclosing customer data to a 3rd party, if only because the customer data in your phone book counts as PII.

So long as only a few countries are doing this, it might seems doable. If everyone starts doing it, international travel becomes rather annoying to say the least. Realistically I think at some point a detente might want to be reached, with everyone agreeing not to search everyone else's electronics.

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

#32

Post by crm9125 »

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…

[dead]

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

#33

Post by jandrewrogers »

Caarticles wrote: post #3
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.

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

Governments maintain formal lists of countries for these types of things. I think people would be surprised how many diverse countries are on the formal lists. A number of European countries have been on them for years.

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

#36

Post by userbinator »

KennyBlanken wrote: post #26
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.

It's notable in that I've seen an increasing number of companies where employees are essentially given a thin client to connect to a remote server for work, and are sometimes even prohibited from transferring that data out of that environment to the local machine.

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

#37

Post by gruez »

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 had thought (and Supreme Court ruled) you could not be compelled to unlock an encrypted device

>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.

That's exactly what "you could not be compelled to unlock an encrypted device" means? You won't get sent to the gulag for refusing to, but entry into the US was always conditional with very little room for recourse if the border agent doesn't like you.

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

#38

Post by wilted-iris »

TylerE wrote: post #30
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.

International airports as well.

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

#39

Post by [deleted] »

TylerE wrote: post #30
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.

[deleted]

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

#40

Post by gruez »

chasd00 wrote: post #29
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.

>Going to China means your devices are owned when the plane touches down if not before.

???

Are American made operating systems (Android, iOS, Windows, Mac) so full of 0days that the Chinese are burning them on random travelers? This just feels like either severe paranoia and/or chinese/american psyop, making people think that China has some magic hacking power.

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