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from the sudden-outbreak-of-common-sense? dept.
The US Customs and Border Protection agency has updated its guidelines for electronic border searches, clarifying what remain broad and potentially invasive procedures. The directive was published today [ January 5, 2018], and it adds new detail to border search rules that were last officially updated in 2009.
Officers can still request that people unlock electronic devices for inspection when they're entering the US, and they can still look through any files or apps on those devices. But consistent with a statement from acting commissioner Kevin McAleenan last summer, they're explicitly banned from accessing cloud data — per these guidelines, that means anything that can't be accessed while the phone's data connection is disabled.
The guidelines also draw a distinction between "basic" and "advanced" searches. If officers connect to the phone (through a wired or wireless connection) and copy or analyze anything on it using external devices, that's an advanced search, and it can only be carried out with reasonable suspicion of illegal activity or a national security concern. A supervisor can approve the search, and "many factors" might create reasonable suspicion, including a terrorist watchlist flag or "other articulable factors."
(Score: 3, Informative) by requerdanos on Monday January 08 2018, @07:17PM (11 children)
Warm fuzzy feeling like a station wagon full of tapes, I guess.
But also, the "data" (os + programs + data + documents) combined with a piece of hardware form a "useful device" which I might take with me because I find might it "Useful."
And anyway, I heard that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I have never resembled normal and I shudder at the thought of appearing normal. Though I acknowledge that seeming normal in many areas is kind of a lubricant.
(Score: 2) by bob_super on Monday January 08 2018, @07:22PM (4 children)
That old paper's obsolete, like anything else not done on a computer, except for the Sacred Second ...
(Score: 2) by Justin Case on Monday January 08 2018, @07:30PM (3 children)
Yeah, that one's been pretty much blown to shreds too.
Doubt me? Try bringing a cannon* with you next time you have to stop by City Hall to get permission to do something innocent with your own property.
* For personal protection, of course.
(Score: 0) by Anonymous Coward on Monday January 08 2018, @11:55PM
How about my pressure cooker, which needs to finish cooking by dinnertime, and my visit to City Hall is going to take all day, meaning I have to keep an eye on it so that I can make sure the pressure release valve isn't sticking such that it might blow up my house or any peoples within it!
:)
Seriously though, my grandparent's generation relied on pressure cookers for 3/4+ of their cooking, and in fact they had to hide then rid the house of pressure cookers when she started to get old and forget she'd left it on the stove. Wish I could have gotten it. Only needed a new pressure release valve to be safe for another 50 years of use.
(Score: 1) by doc_doofus on Tuesday January 09 2018, @03:51PM (1 child)
Common mistake.
A cannon is classified as "armament" vs a rifle which is "arms."
It is the right to keep and bear "arms."
Only the government can keep and bear "armaments."
Thanks for playing.
"Just because you're real, doesn't necessarily mean that you're intelligent." - Inspirobot
(Score: 2) by Justin Case on Tuesday January 09 2018, @04:17PM
Interesting perspective I had not heard before. I'm willing to learn more... but presently unconvinced.
https://en.wikipedia.org/wiki/Weapon [wikipedia.org]
The examples include nuclear weapons and even hypothetical anti-matter weapons.
https://en.wiktionary.org/wiki/armament [wiktionary.org]
So what are large arms?
Of course, we need the archived pages from the late 1700s to determine what the meaning was at that time.
(Score: 3, Insightful) by Justin Case on Monday January 08 2018, @07:26PM (1 child)
Very funny. Yeah, that may have existed a long time ago, in a fictional country, but clearly all vestiges of the document you quoted are nothing more than toilet paper to the authoritarian snoops with weapons.
You can either trust them to do the right thing, or remove the opportunity for them to do wrong against you. Your call, of course. Suit yourself.
(Score: 3, Insightful) by requerdanos on Monday January 08 2018, @07:31PM
I acknowledge that this is 100% true; it's just that it still annoys me.
(Score: 0) by Anonymous Coward on Monday January 08 2018, @09:20PM
Though I acknowledge that seeming normal in many areas is kind of a lubricant.
Yes, it is less painful... and I really don't think I need to do it every year
(Score: 3, Interesting) by Nerdfest on Monday January 08 2018, @09:36PM (1 child)
Better still, why is "Homeland Security" so terrified of them.
(Score: 2) by DannyB on Monday January 08 2018, @09:41PM
Not terrified. A fishing expedition to contrive some kind of crime against you. The less information they have the less likely they can plausibly make up something because they don't like you or they wish they had some excitement in their boring minimum wage dead end long shifts.
Young people won't believe you if you say you used to get Netflix by US Postal Mail.
(Score: 2) by frojack on Tuesday January 09 2018, @02:56AM
The thing is, that has never applied at the border.
It has always been held as REASONABLE to search the belongings of someone entering the country. (But every country).
It may not seem reasonable to you, but you are not the one empowered to make that decision.
The only good news, indeed the only news at all here, is that they promise not to reach back through the phone to stuff you left behind in another country when you showed up at the border asking to come in.
No, you are mistaken. I've always had this sig.