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posted by martyb on Friday February 12 2021, @06:20PM   Printer-friendly
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.


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  • (Score: 4, Insightful) by fustakrakich on Friday February 12 2021, @06:22PM (20 children)

    by fustakrakich (6150) on Friday February 12 2021, @06:22PM (#1112024) Journal

    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..
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  • (Score: 4, Insightful) by ikanreed on Friday February 12 2021, @06:33PM (9 children)

    by ikanreed (3164) on Friday February 12 2021, @06:33PM (#1112030) Journal

    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)

      by DeVilla (5354) on Friday February 12 2021, @06:52PM (#1112044)

      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)

        by DeathMonkey (1380) on Friday February 12 2021, @07:13PM (#1112057) Journal

        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)

          by DeVilla (5354) on Friday February 12 2021, @07:18PM (#1112064)

          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

            by toddestan (4982) on Saturday February 13 2021, @06:16PM (#1112369)

            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)

          by Anonymous Coward on Friday February 12 2021, @07:51PM (#1112075)

          Barak HUSSEIN Obama

          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

            by Anonymous Coward on Friday February 12 2021, @08:11PM (#1112083)

            DM was poking fun at conservatives that freaked out about the name.

        • (Score: 0) by Anonymous Coward on Friday February 19 2021, @12:51PM

          by Anonymous Coward on Friday February 19 2021, @12:51PM (#1114817)

          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

        by zoward (4734) on Friday February 12 2021, @08:12PM (#1112084)

        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

      by fustakrakich (6150) on Friday February 12 2021, @07:16PM (#1112060) Journal

      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)

    by DannyB (5839) Subscriber Badge on Friday February 12 2021, @06:43PM (#1112036) Journal

    Using a burner phone for traveling is itself suspicious.

    --
    Why is it that when I hold a stick, everyone begins to look like a pinata?
    • (Score: 2, Touché) by fustakrakich on Friday February 12 2021, @06:56PM (2 children)

      by fustakrakich (6150) on Friday February 12 2021, @06:56PM (#1112046) Journal

      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

        by Anonymous Coward on Friday February 12 2021, @08:21PM (#1112088)

        Just don't use MohammadAlJihadi@gmail.com

      • (Score: 0) by Anonymous Coward on Saturday February 13 2021, @02:44AM

        by Anonymous Coward on Saturday February 13 2021, @02:44AM (#1112194)

        > 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)

    by Anonymous Coward on Friday February 12 2021, @07:13PM (#1112056)

    Always use a burner phone for traveling

    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)

      by Runaway1956 (2926) Subscriber Badge on Friday February 12 2021, @07:36PM (#1112069) Homepage Journal

      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!

      --
      Abortion is the number one killed of children in the United States.
      • (Score: 4, Informative) by DannyB on Friday February 12 2021, @10:34PM

        by DannyB (5839) Subscriber Badge on Friday February 12 2021, @10:34PM (#1112125) Journal

        100 mile exclusionary zone

        A constitution-free zone.

        --
        Why is it that when I hold a stick, everyone begins to look like a pinata?
  • (Score: 0) by Anonymous Coward on Friday February 12 2021, @08:25PM

    by Anonymous Coward on Friday February 12 2021, @08:25PM (#1112089)

    Where the fuck is my legal weed, bro?

  • (Score: 0) by Anonymous Coward on Saturday February 13 2021, @07:29AM

    by Anonymous Coward on Saturday February 13 2021, @07:29AM (#1112241)

    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

    by edIII (791) on Saturday February 13 2021, @09:07PM (#1112427)

    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.