Submitted via IRC for SoyCow1984
A US Muslim woman whose iPhone was taken from her by US Customs and Border Protection (CPB) is suing to have her property returned. But the property in question isn't the phone itself, which was eventually returned, but the data stored on it and retained by CPB. As searches of electronic devices belonging to people entering or returning to the US continue to become more frequent, this case and others are raising important questions about what can and should be searched and retained by the US government.
According to the court documents filed by Rejhane Lazoja and her attorneys, Lazoja was returning to the US from Zurich, Switzerland on February 26th of this year. She was questioned and held by customs officers for some time and then asked to produce any electronic devices she had on hand. The agents confiscated her phone and asked her to unlock it multiple times, but Lazoja refused saying that it had photos of her in "a state of undress without her hijab" as well as sensitive communications with her lawyer. The agents ultimately kept her phone.
After 120 days, Lazoja finally got her phone back but only after involving her attorneys, one of which told Ars Technica that federal authorities had "forensically cracked" her phone and copied what was on it before returning it. But as the court documents note, officials have never given any reasons for why the phone was seized in the first place. "Seizing and searching a cell phone is unlike seizing or searching any other property," the complaint states. "Cell phones are a uniquely intimate and expansive repository of our lives. They do far more than just make calls and send emails; they monitor and log much of our movement, activity and even our thinking in real time."
Source: https://www.engadget.com/2018/08/25/us-customs-lawsuit-copied-iphone-data/
(Score: 2, Interesting) by Anonymous Coward on Friday September 14 2018, @05:09PM (24 children)
All you defenders of Freedom and the Constitution, time to stand up for a Muslim woman! I want to hear your loud outcries about this injustice, condemnation of the department, etc.
(Score: 2) by bob_super on Friday September 14 2018, @05:17PM
Recent rulings from SCOTUS seem to indicate that she has a decent chance of winning. Not a slam dunk, because "national security" is still too widely accepted as a catch-all excuse for government abuse, but They already ruled that cell phones are now too important to seize without a Pretty Good Reason. Let's see how the "we're CPB and we protect you from Evil!" stands, when Evil has a US passport.
(Score: 4, Informative) by takyon on Friday September 14 2018, @05:21PM (13 children)
Electronics searches of all kinds are already widely disliked here.
Warrantless Cell Phone Searches - SCOTUS to Decide [soylentnews.org]
Laptop Border Search Ruled Unreasonable [soylentnews.org]
New Bill Would Outlaw Warrantless Phone Searches At The Border [soylentnews.org]
U.S. Border Seizures of DMCA Circumvention Devices Surges [soylentnews.org]
Fourth Circuit Rules That Suspicionless Border Searches of Electronic Devices Are Unconstitutional [soylentnews.org]
The religion or gender of the person being searched does not matter. But keep on trolling if it makes you feel better.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: -1, Flamebait) by Anonymous Coward on Friday September 14 2018, @05:36PM (7 children)
It isn't trolling, it is calling out people who would normally shit all over the CPB for violations of the 4th amendment but who, like you, will likely just shit out an obligated bunch of crap. If the religion or gender don't matter you'd have no problem with my statement or be upset about it being "trolling". The simple truth is there is a large amount of cognitive dissonance amongst the "defenders of freedom" around here and you are only re-affirming it with your defensive attitude.
Guess I should have waited for the thread to fill up with everyone except the usual suspects, or even "better" waited for those same users to post semi-defensive garbage because scurrry muslim terrorists need to be properly "vetted" or some shit. Too bad, I poisoned the well so we'll never know now.
Interesting side note, all the examples you linked are conspicuously missing the various users I expected to see there except Runaway. Though I wasn't including Runaway so much in the above statements, he seems like a misguided but possibly decent human. Just too much 50's propaganda stuffed in that old cantaloupe.
(Score: 3, Informative) by takyon on Friday September 14 2018, @05:42PM (3 children)
The only one shitting up the place is you, so far.
At least you got one thing right.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: -1, Troll) by Anonymous Coward on Friday September 14 2018, @06:16PM (1 child)
Nah, you've added your own little shitposts. The adult thing to do if you really didn't like my comment would have been to just mod it down, instead you felt the need to get defensive.
Take a good long look at yourself boy.
(Score: 0) by Anonymous Coward on Friday September 14 2018, @06:31PM
I think what we need here is to pass around a joint.
(Score: 0, Insightful) by Anonymous Coward on Friday September 14 2018, @06:30PM
I agree with Takyon. Fuck that AC trying to start yet another partisan fight on here. What a pussy. Takyon your posts were great, and you had evidence! That little shit couldn't even dredge up a few articles to make his point, probably just another triggered millenial snowflake upset because he got modded down.
(Score: 4, Interesting) by shortscreen on Friday September 14 2018, @07:30PM (2 children)
The level of debate on this topic isn't too heated at this point because there isn't anyone advocating the other side. Post your own article about how the CPB is doing great work and how we need to harass even more people at the border for great justice. You might get some pushback.
What's going on at the border is not new and has already been condemned by everyone with a brain. Unfortunately it persists because "nothing to hide nothing to fear" and "just doing their jobs" and because the US is a police state. [policestateusa.com]
(Score: 0) by Anonymous Coward on Friday September 14 2018, @09:37PM (1 child)
some do understand it, and appreciate what they are doing. Just most of us wont post about it since its an unpopular position to take.
(Score: 0) by Anonymous Coward on Friday September 14 2018, @09:44PM
Ugh, this site really IS infested with you authoritarians. You trade the illusion of safety for the real loss of freedom. God damn no wonder this country is fucked right now.
(Score: 0) by Anonymous Coward on Friday September 14 2018, @07:41PM (4 children)
It's disliked, but US customs has had "customary" authority for aeons to control items entering the country. I don't think anyone has the obligation to unlock things for them, nor that the items should not be returned after there has been no determination of being contraband.
This is the second time I heard today about muslims returning to the US being asked to surrender media on entry to the country. The first person was a green card holder who refused to surrender his wedding DVDs; customs physically confiscated his green card and put him on the next plane back. I'm guessing there is a program to collect information of people outside of the US, who US based muslims interact with.
(Score: 2) by takyon on Saturday September 15 2018, @12:17AM (3 children)
This woman is an American citizen.
What happens when someone shows up with a properly encrypted phone or laptop? Does the info collection hit a brick wall, or do they get charged with a crime?
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @01:58AM
This authority of customs is independent of citizenship. Being a US citizen means they can't deny your person entry.
What if the laptop was encrypted? Just like in this case, they can try to decrypt it, but eventually they will have to return anything that is not contraband.
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @07:20AM
They hold you at the border until you give them the keys.
Then they start making up charges. Such as overstaying your visa.
(Score: 2) by Bot on Saturday September 15 2018, @08:39PM
>This woman is an American citizen.
This makes a difference for the letter of the law probably. As national security goes, though, the guys driving vans into people are citizens of those same countries.
Of course I am making a logic mistake in considering your government interested in actual security, which is yet to be proved for many political entities nowadays.
Account abandoned.
(Score: 3, Disagree) by Bot on Friday September 14 2018, @10:20PM (3 children)
>All you defenders of Freedom and the Constitution, time to stand up for a Muslim
why not for a nazi too? Luckily not all nazi are radical ones, you know.
maybe because nazis lost the war? muzzies lost the wars too, else you'd be praising the bearded Mohammed too.
Godwin in one.
We have someone who won't unlock her phone at the border. I'd have not confiscated the phone, I'd have booted her out. And boot out her lawyer when he comes to complain, because the lawyer is a traitor. (JK, obviously the real reason is that the lawyer is a lawyer).
If I unlock the phone and the guard starts copying the data and pics, or staring at things unrelated to national security, then yes we can boot the guard abusing its power above national security concerns.
Account abandoned.
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @05:20PM (2 children)
Unreasonable search and seizure dumbass. Guess we are finding out which machines should be scrapped.
(Score: 2) by Bot on Saturday September 15 2018, @08:21PM (1 child)
Interesting laws, yours. I visited a bit of other countries, at the border always been searched; one time a bulky cd player made the xray operator sound the alarm and had to show what it was.
Account abandoned.
(Score: 2) by DannyB on Monday September 17 2018, @01:29PM
I wouldn't have a problem if I had to show that a cell phone is actually a cell phone, just like your CD player is a CD player.
Once it is established that this strange blog is a cell phone, it should stop there. Nothing on the cell phone makes it any more or less dangerous as an object.
If you eat an entire cake without cutting it, you technically only had one piece.
(Score: 2) by Phoenix666 on Friday September 14 2018, @11:18PM (1 child)
Interestingly enough, the CPB's actions are outrageous, and i was going to say as much, but your post strangely put me off. So excellent work discouraging people who would have stood up for a person whose rights are being violated by an overreaching group of thugs.
Washington DC delenda est.
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @02:08AM
https://www.youtube.com/watch?v=ePNzk_0LGhg [youtube.com]
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @07:23AM
So if this person wasn't evil then the "defenders of freedom and the constitution" would not need to stand up?
(Score: 2, Touché) by Anonymous Coward on Saturday September 15 2018, @07:27AM (1 child)
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @11:56PM
How is that a touche? Your point just sounds like a dog whistle against Muslims.
(Score: 2) by loonycyborg on Friday September 14 2018, @05:31PM (9 children)
They probably wanted to sell it off like all other confiscated stuff, everything must bring income to justify funding. And a person who refuses to unlock is a good excuse, can easily say that they probably are hiding something unlawful. Most people wouldn't bother with all those procedures to get it back.
(Score: 1, Insightful) by Anonymous Coward on Friday September 14 2018, @05:40PM
Yeah well righteous indignation does tend to give an extra boost to motivation. Profiling, harassment, and unjust seizure are pretty good methods to inspire anger.
(Score: 4, Insightful) by urza9814 on Friday September 14 2018, @05:56PM (4 children)
And hey, even if they ARE innocent, if you keep oppressing them enough they'll be a "terrorist" eventually!
(Score: 4, Insightful) by Anonymous Coward on Friday September 14 2018, @06:16PM
Best way to justify a police state. First, create a police state. Harassment of innocents leads to disrespect of the law. Disrespect of the law leads to lawbreaking and civil disobedience. Lawbreaking and civil disobedience creates more criminals (by definition). Thus, the police state is justified.
Successful forms of authoritarianism tend to create the conditions necessary to justify the authoritarianism. The best kind of self-fulfilling prophecy.
(Score: 4, Insightful) by DannyB on Friday September 14 2018, @06:31PM (2 children)
Some people say Princess Leia Organa was a freedom fighter, not a terrorist. But are they correct?
Luke Skywalker became radicalized, and then a terrorist. Then he recruited Han Solo, who also become a terrorist.
If you eat an entire cake without cutting it, you technically only had one piece.
(Score: 2) by krishnoid on Friday September 14 2018, @07:31PM (1 child)
Hmm ... Leia = rich, white; Luke = white, male; Solo = white, male; Rey = white, poor, female ... ?
Hello, SJW Customs Enforcement? I need four privilege checks run here. Oh, and I know it might be hard to find someone free while the furry convention is in town, but if you have someone free, I'd like one on Chewbacca as well -- thanks.
(Score: 4, Funny) by DannyB on Friday September 14 2018, @08:23PM
Any chef will tell you that Wookie steaks are very chewey.
If you eat an entire cake without cutting it, you technically only had one piece.
(Score: 3, Funny) by Bot on Friday September 14 2018, @10:22PM (2 children)
> Most people wouldn't bother with all those procedures to get it back.
you are not very familiar with young women and their phones are you?
Account abandoned.
(Score: 0) by Anonymous Coward on Saturday September 15 2018, @07:30AM (1 child)
Don't carry anything you can't afford to lose while travelling
(Score: 2) by DannyB on Monday September 17 2018, @01:35PM
Like your identity?
Unfortunately you do carry things that are very valuable. Like a laptop computer. Or a phone. You should have a general expectation that you won't lose it at border security or TSA. (Thieves while traveling are another matter, but it seems that TSA and CBP are the most likely places you encounter the thieves under color of law.)
Another point.
It's one thing to lose a device. I can remote wipe it. Etc. But this article is about the data. Why should they be allowed to search the phone in the first place? And then why should they even be allowed to make a copy of the data, and then keep it?
If you eat an entire cake without cutting it, you technically only had one piece.
(Score: 0, Disagree) by Anonymous Coward on Friday September 14 2018, @09:22PM (8 children)
Cease to exist at our border, unless you are a citizen returning home ( and even then, your rights are reduced during re-entry ). Don't like it, dont visit. Its not like we magically changed the rules last week or something...
Ya i know ill be modded down for this, but its really no different from any other country trying to protect its borders. Hell, be glad we let you in at all, some wont.
(Score: 0) by Anonymous Coward on Friday September 14 2018, @10:51PM (2 children)
The Constitution states no such thing.
(Score: 0) by Anonymous Coward on Friday September 14 2018, @11:59PM (1 child)
Constitution only applies to citizens.
(Score: 2) by DannyB on Monday September 17 2018, @01:36PM
God only gave inalienable rights to citizen of the US.
If you eat an entire cake without cutting it, you technically only had one piece.
(Score: 4, Informative) by Phoenix666 on Friday September 14 2018, @11:22PM
Except it's not the border anymore. The CPB has given itself permission to violate our rights 100 miles from all the borders, which comprises the majority of the US population. They've done it since the W. Bush administration, and none since have said so much as a peep.
Washington DC delenda est.
(Score: 2) by PinkyGigglebrain on Saturday September 15 2018, @01:19AM (3 children)
The the US Constitution doesn't contain a clause about only applying to US Citizens. Please correct me if I'm wrong.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 2) by dry on Saturday September 15 2018, @05:15AM
There's some political stuff such that only applies to citizens. President having to be a naturally born one comes to mind.
(Score: 2) by captain normal on Saturday September 15 2018, @06:24PM
I think the 4th and 5th Amendments to the U.S. Constitution seem to cover this pretty well.
"It is easier to fool someone than it is to convince them that they have been fooled" Mark Twain
(Score: 3, Informative) by captain normal on Saturday September 15 2018, @06:31PM
I need to add to my prior post on this. The 4th and 5th Amendments says "people" and "persons". There is no specification of "citizen".
"It is easier to fool someone than it is to convince them that they have been fooled" Mark Twain