from the When's-the-last-time-you-crossed-the-border-with-a-half-dozen-filing-cabinets? dept.
It reverses a landmark victory for privacy advocates.
Border Agents Can Search Phones Freely Under New Circuit Court Ruling - The Verge:
A US appeals court has ruled that Customs and Border Protection agents can conduct in-depth searches of phones and laptops, overturning an earlier legal victory for civil liberties groups. First Circuit Judge Sandra Lynch declared that both basic and "advanced" searches, which include reviewing and copying data without a warrant, fall within "permissible constitutional grounds" at the American border.
Lynch ruled against a group of US citizens and residents objecting to invasive searches of their electronic devices.
[...] A district court declared that CBP searches violated the Fourth Amendment by not requiring "reasonable suspicion" that the devices contained contraband. Lynch disagreed. "Electronic device searches do not fit neatly into other categories of property searches, but the bottom line is that basic border searches of electronic devices do not involve an intrusive search of a person," she wrote. That lowers the bar for conducting them at the border, where the government's interest in security is "at its zenith."
Appeals courts have issued conflicting opinions on how electronic devices fall under the "border search exception," a rule allowing warrantless searches that might otherwise be unconstitutional. [...] The exception is primarily intended for finding contraband or unauthorized entrants, but it applies to federal agents working within 100 miles of the US border — an area that covers most metropolitan areas.
(Score: 4, Insightful) by fustakrakich on Friday February 12 2021, @06:22PM (20 children)
Always use a burner phone for traveling.
This isn't going to go away until we elect people to fix it.
La politica e i criminali sono la stessa cosa..
(Score: 4, Insightful) by ikanreed on Friday February 12 2021, @06:33PM (9 children)
And we aren't going to elect people to fix it as long as legalized corruption and a winner take all two party system give us near perpetual rulers instead of representatives. And we aren't going to deal with that until... we elect people to fix it.
...
...
Fuck.
(Score: 2) by DeVilla on Friday February 12 2021, @06:52PM (7 children)
That's what a lot of people I know thought they were doing when they elected Obama. Then they weren't willing to vote for "Bush the forth" . At least they delayed it for 4 years.
(Score: 2) by DeathMonkey on Friday February 12 2021, @07:13PM (5 children)
I remember Obama running as a centrist focused on healthcare.
I definitely DON'T remember Barak HUSSEIN Obama campaigning to roll back terrorism border security. That would have been a very dumb move on his part...
(Score: 2) by DeVilla on Friday February 12 2021, @07:18PM (1 child)
I'll have to do some googling. I recall him planning to roll back all sort of patriot act inspired overreach like the warrantless wiretaps. He probably didn't call out the excessive boarder searches, but none the less people I know who voted for him expected him to fix that sort of thing right away, along with closing gitmo and a bunch of other stuff.
(Score: 2) by toddestan on Saturday February 13 2021, @06:16PM
I seem to remember him talking about stuff like that early in his primary campaign. Then (as a senator) he voted for telecom immunity and lost all credibility.
(Score: 1, Interesting) by Anonymous Coward on Friday February 12 2021, @07:51PM (1 child)
Tell me, what does Obama's middle name have to do with anything? Other than being a spotlight on your own conservatard stupidity, that is. (It's almost like you can't think up anything better to attack him on. Really shows your intelligence as there are a number of things he has and hasn't done that you could attack.)
But seriously, please tell me. I'd really like to know.
(Score: 0) by Anonymous Coward on Friday February 12 2021, @08:11PM
DM was poking fun at conservatives that freaked out about the name.
(Score: 0) by Anonymous Coward on Friday February 19 2021, @12:51PM
that is a problem when dealing with muslims in that they lie freely
(Score: 3, Insightful) by zoward on Friday February 12 2021, @08:12PM
The minute Obama announced his running mate - Joe Biden - I knew any idea of change was out the question and it was going to be business as usual. I never thought that twelve years later I'd be voting for Biden for president and praying he won.
(Score: 1) by fustakrakich on Friday February 12 2021, @07:16PM
I think you should take a closer look at the countries, like UK, France, Italy, Spain, Mexico, etc, etc.., with multiple parties in their governments, then tell me you are really convinced they are better off. Reactionary politics is winning all around the globe, it's an easy sell. The variations make no difference. The communist party in China has more opposition in their elections than our DNC/GOP, < 75% for Xi vs. 98.3% for Biden/Trump
La politica e i criminali sono la stessa cosa..
(Score: 3, Informative) by DannyB on Friday February 12 2021, @06:43PM (3 children)
Using a burner phone for traveling is itself suspicious.
Why is it so difficult to break a heroine addiction?
(Score: 2, Touché) by fustakrakich on Friday February 12 2021, @06:56PM (2 children)
You know how a tabletop picture frame always comes with a generic picture in it already? Just fill the phone with the same garbage to make it look "personal". Put an email account into it and go shopping
La politica e i criminali sono la stessa cosa..
(Score: 0) by Anonymous Coward on Friday February 12 2021, @08:21PM
Just don't use MohammadAlJihadi@gmail.com
(Score: 0) by Anonymous Coward on Saturday February 13 2021, @02:44AM
> Put an email account into it and go shopping
But, make sure what you go shopping for is innocent stuff like kitchen wares.
https://www.theguardian.com/world/2013/aug/01/new-york-police-terrorism-pressure-cooker [theguardian.com]
(Score: 2, Informative) by Anonymous Coward on Friday February 12 2021, @07:13PM (2 children)
or while within 100 miles of the border... https://www.aclu.org/other/constitution-100-mile-border-zone [aclu.org]
(Score: 4, Interesting) by Runaway1956 on Friday February 12 2021, @07:36PM (1 child)
Sorry, the article doesn't go far enough. Every international airport comes with it's own 100 mile exclusionary zone. And, it's amazing how many little landing strips are considered to be "international".
Long story short, if the border and customs people want to search you, they can do it anywhere within the United States. Notice, I did not say "continental United States". Remember the headlines when the TSA was pulling over travelers in western Tennessee? Trucks, big and small, cars, motorcycles, business people, vacationers, anyone and everyone. It's quite a long way from Memphis or Nashville to any border!
“I have become friends with many school shooters” - Tampon Tim Walz
(Score: 4, Informative) by DannyB on Friday February 12 2021, @10:34PM
A constitution-free zone.
Why is it so difficult to break a heroine addiction?
(Score: 0) by Anonymous Coward on Friday February 12 2021, @08:25PM
Where the fuck is my legal weed, bro?
(Score: 0) by Anonymous Coward on Saturday February 13 2021, @07:29AM
It's not going away as long as we continue to endorse authoritarian ideologies. Equitable distribution is easy, convincing people's who have been brainwashed that they don't need people to tell them what to do is hard.
(Score: 2) by edIII on Saturday February 13 2021, @09:07PM
Yep. I use a burner phone period myself. If I absolutely need to use apps, that's what an android emulator is for. There are some commercial systems out there that can simulate different manufacturers even, and is used for regression testing.
If you need to take a laptop with you, replace the hard drives. Have a generic Tails on it and nothing else. Ship the real drives, encrypted of course, to the destination. Or just download it over the Internet when you arrive, and re-image your drives.
Then of course, without question, make sure you give the CBP 10 gigabytes of this [youtube.com], after a weak encryption scheme :)
Technically, lunchtime is at any moment. It's just a wave function.
(Score: 5, Insightful) by krishnoid on Friday February 12 2021, @06:32PM (7 children)
Are these kinds of encroachments one of the handful of things that both sides of the aisle agree upon, or at least vote for to keep their constituents happy?
I could be wrong about this, but these sorts of issues never seem to make the mainstream news, not in the same way that the issues that split votes along partisan lines do.
Plus, I thought it was "persons, houses, papers, and effects", not just "persons".
(Score: 3, Insightful) by DannyB on Friday February 12 2021, @06:49PM
A modern smartphone certainly is the modern equivalent of papers and effects.
Misinformation gets better ratings. Because people today seem to have an appetite for misinformation.
(I've mentioned this before: I stopped watching CNN in mid 2013.)
I bet it is! But I bet we can't come together on any kind of good policy to deal with it.
Why is it so difficult to break a heroine addiction?
(Score: 4, Touché) by DeVilla on Friday February 12 2021, @06:58PM
I think both sides would agree your comments mean you are either a "right wing fascist white supremacist" or a "left wing commie radical". Either way you are clearly inciting terrorism and should be stopped.
(Score: 4, Insightful) by DeathMonkey on Friday February 12 2021, @07:11PM (4 children)
I think the unfortunate reality is that most voters don't care about this, or at a minimum have it very low priority, and both major parties do reflect that attitude.
(Although one party is a lot more concerned about border security than another.)
It's really only the weirdos like us that care about it.
(Score: 1, Interesting) by Anonymous Coward on Friday February 12 2021, @07:45PM (3 children)
This is complete, absolute, and utter bullshit. This is an issue that the vast majority of Americans do have an opinion, and strong one, on. The problem is that the opinion of the Americans on this one is the exact opposite of the political establishment. And as corporate media has become little more than a branch of our political establishment, issues like this receive next to no coverage. But there will be plenty of coverage on mostly irrelevant topics that make us all hate each other, instead of actually looking at the people responsible for these problems.
(Score: 1, Insightful) by Anonymous Coward on Friday February 12 2021, @08:00PM (2 children)
Your opinion might be more elevated than you think. We just had 70 million people vote for a person and party who back strong arm positions and "law and order", meaning "you don't have anything to worry about if you don't have anything to hide." I don't think all 70 million strongly support that position, but they are ok voting for a dictatorial system if they perceive they are on the "right" side of the strong man.
(Score: 3, Touché) by DeathMonkey on Friday February 12 2021, @09:01PM (1 child)
I'm sure the 'build the wall' people are totally opposed to searching brown people at the border...
(Score: 0) by Anonymous Coward on Saturday February 13 2021, @08:44PM
Brown people aren't supposed to be here. Too bad most whites are too brainwashed to admit it to themselves, much less do something about it.
(Score: 3, Interesting) by SomeGuy on Friday February 12 2021, @06:44PM (7 children)
Or just don't take a cell phone with you. (Will it eventually be illegal to not have a cell phone?), or just don't keep any data on it at all.
Just for fun, put all your information on floppy disks and see how eager they are to search them :P
Although, that does raise the question, will they want to search every other device you have? Does your car have one of those "smart" media centers built in? What about your internet connected "smart" sex toys that you brought?
(Score: 5, Insightful) by Runaway1956 on Friday February 12 2021, @07:43PM
That really is the best approach. If you need to cross a border, don't carry ANYTHING. You must have valid ID (passport, visa, whatever) on you, you need a bit of money, and that's about all you should carry. After you get away from the border, buy yourself a burner phone, or whatever. Get online, and download whatever data you think necessary, after the authorities have lost interest in you.
“I have become friends with many school shooters” - Tampon Tim Walz
(Score: 3, Funny) by Anonymous Coward on Friday February 12 2021, @08:03PM (2 children)
Hey, it's not like I WANTED to bring it with me, but if they can figure out how to unlock it for me it sure beats the hell out of the angle grinder option.
(Score: 2) by Runaway1956 on Saturday February 13 2021, @04:40AM (1 child)
No worries. The feds have access to oxy-acetylene cutting torches.
“I have become friends with many school shooters” - Tampon Tim Walz
(Score: 2) by Dr Spin on Saturday February 13 2021, @07:13PM
The feds have access to oxy-acetylene cutting torches.
To open sex-toys or phones? (asking for a friend).
Why would I take a phone through the border? I have to get a new sim card anyway - why not just buy
a cheap second hand phone? At least I can blame the dubious content on the previous owner.
Warning: Opening your mouth may invalidate your brain!
(Score: 5, Informative) by MostCynical on Friday February 12 2021, @09:02PM
QR codes to 'check in' to shops and cafes and restaurants (Government app [nsw.gov.au])
Covid vaccination certificate on phones (Australia [thenewdaily.com.au] and India [hindustantimes.com]
Driver's License on phone [coloradosun.com]
yes, a phone is going to be mandatory very soon
No doubt, with location services turned ON - must be made available so the government apps know where you are ("easier to use, for your convenience")
"I guess once you start doubting, there's no end to it." -Batou, Ghost in the Shell: Stand Alone Complex
(Score: 2) by maxwell demon on Saturday February 13 2021, @05:07AM
Unlikely. However eventually you'll not be able to live without one. You technically will still be allowed not to possess one, but you'll basically be unable to do anything. Just like there's no law that forbids having no money at all, but it sure is hard to survive if you don't have any.
The Tao of math: The numbers you can count are not the real numbers.
(Score: 2) by edIII on Saturday February 13 2021, @09:11PM
I suspect that a good percentage of the people that have to take full bags of sex toys with them, would also have no problems giving a quick demonstration for the CBP.
CBP: Uhhh, I, what?
Sex Toy Enthusiast: I get that a lot. *drops pants*. This is how you use it....
Technically, lunchtime is at any moment. It's just a wave function.
(Score: 1, Insightful) by Anonymous Coward on Friday February 12 2021, @10:02PM (3 children)
The "BOARDER" is 100 miles wide all round U.S. Over 90% of population of the U.S. live with in this boarder. So, you phone is now OPEN any where in that range if a boarder security (ICE also?) asks for it.
Boarder Security can already stop you in that area without a reason. Search your transport (boat, car, truck, bus, plane, even rocket (take that SpaceX!). It why Seattle Police have Briader Agnets with them. There are cases in New York the same.
(Score: 2) by legont on Friday February 12 2021, @11:30PM (2 children)
Yes, exactly.
The first major achievement of the new administration. Liberal they are.
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 3, Informative) by helel on Saturday February 13 2021, @02:22AM (1 child)
The case started in 2018. Not that I expect Biden's position to waver one iota from Trumps.
(Score: 2) by legont on Saturday February 13 2021, @10:08PM
Yeah, it's the only point they agree upon (((
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: -1, Flamebait) by Anonymous Coward on Saturday February 13 2021, @01:40AM (2 children)
The French bourgeoisie had a nasty reaction from the Proles a bit over 200 years ago.
The Proles fought back.
Lesson learned. Disable the enemy ( the common people) next time BEFORE you piss them off!
(Score: -1, Flamebait) by Anonymous Coward on Saturday February 13 2021, @03:20AM (1 child)
The enemy has been kneecapped for decades.
(Score: 2) by Runaway1956 on Saturday February 13 2021, @04:43AM
The enemy has been spineless and ballsless for decades. FTFY
“I have become friends with many school shooters” - Tampon Tim Walz
(Score: 0) by Anonymous Coward on Saturday February 13 2021, @03:13PM
How do they deal with encryption and those who refuse to unlock it?