An Appeals Court panel has ruled that federal agents can legally search through travelers’ cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.
Tbh I’m shocked it wasn’t already. Like I thought the border has been a “no rights zone” for as long as I’ve been alive.
Yah I thought SCOTUS ok’d that within 100 miles of a boarder.
…
Seems not! Just lots of circut courts have affirmed the general idea. This is the first at an appellate court.
Registration walled. Anyone happen to have the full text?
This was already the legal case. I’m confused what changed. This was okay legally for international travel anyway because borders are not considered protect it by the Constitution. I’m so confused. What’s different?
As if there weren’t enough reasons already to avoid visiting this shithole country.
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Bad advice.
Encryption on a smart phone is much better.
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So they can see everyone you call and hear your whole conversation?
Yeah, in many countries that metadata targets your for assassination. Better to not use a dumb phone with no encryption.
If you use a Sim card on a smart phone, you’re doing it wrong. Phone calls should be made (with e2ee) in Signal, Matrix, Wire, SimpleX, etc.
Just disable the biometric unlock features. The password method still requires a warrant.
They can already snatch your phone beat you the fuck up and slam your bloodied face into the face recognition until they’ve got your device unlocked. I mean whatcha gonna do when they’re peeling your fingernaips apart and screaming at you to blurt all your secrets. No shitty amendment gonna protect your fragile meat ass.
They can have the duress pin.
Just create a fake profile with pictures of diseased cocks.
Border security very likely uses israeli tech to download your whole drive. Even if they don’t I assume they would at least hold you for questioning if you did make such a profile
Cellebrite. They don’t even need to look through the phone if you unlock it for them they’ll enable whatever settings they have to to download the whole thing. From there they build out associations based on your contacts, apps, social media, etc. Essentially they do what palantir does but a lot more direct, and skips the whole data brokers part.
Just budget for a cheap ass phone for when you cross the border and don’t take your actual device with you. Or if you do take it with you when you cross, make sure that it is off during the entire transit.
make sure that it is off during the entire transit
I’ve never had them insist that I can recall, but I do remember reading, I believe in the TSA docs, that any devices are supposed to be powered on and able to be demonstrated to be working or something to that effect … I guess to make sure it’s not just a phone-shaped bomb or whatever.
They can boot it to the password prompt and shut it down again.
Only time I’ve ever had an “electronic” device checked like that was at an airport in Europe about 15 years ago (if memory serves me right, I think it was CDG in France). I had a DSLR with a couple extra lenses and they asked me to turn on the camera and take a picture with each lense attached. They also asked to view through the viewfinder with each.
They just ask you tonpiwer it on. Did it for a laptop once.
Even if they have you powered on, the fact that it’s in the before-first unlock state means that the file-based encryption still holds and it cannot be unlocked with biometrics.
Makes a little more sense when you consider Israel’s pager bombs.
No it doesn’t. Those were fully functioning devices with a maliciously modified battery with zero extra footprint.
With protesting and dissent nearing illegality, It’s no longer safe to have password managers, browser history or social media on your phone. (at borders for now)
I see a lot of people saying just shut it off. They will turn it on, tell you to unlock it, you refuse, they’ll detain you, try tools to bypass, confiscate it (you need to make sure you get a receipt) and they’ll let you out without it at some point. Even citizens can get detained for periods greater than 24 hours.
If you express any public dissent toward the administration, you should consider traveling with a dumb phone or a burner, not connected to your email/social online services/password systems.
With protesting and dissent nearing illegality, It’s no longer safe to have password managers, browser history or social media on your phone. (at borders for now)
I had not considered the risk of having a password manager on my phone and being cohered to unlock it. There’s nothing dissentious there to find so I’m not concerned about that (don’t infer from that that I think it’s acceptable that they can look, I do not). But what’s to stop them from stealing financial login info while they’re at it? That’s the worry that just triggered.
If you express any public dissent toward the administration, you should consider traveling with a dumb phone or a burner, not connected to your email/social online services/password systems.
Traveling with a dumb phone isn’t always viable. A recent example I can think of is I had to scan a QR code and fill out a customs form on a website. There was not a paper based alternative. But a burner works.
Yeah, that and actually taking decent pictures. If you just need a function, you can get non-flagship Android burners really cheap, or just keep a previous phone, wipe it, and travel with an eSIM.
My primary concern isn’t so much what i’m saying now, but what they think about it later if we keep heading toward darker times.
Yeah, that and actually taking decent pictures.
Cheap phone + nice camera is another option. But with the downside of more to pack and carry around.
My primary concern isn’t so much what i’m saying now, but what they think about it later if we keep heading toward darker times.
… yeah that feels entirely possible. Valid concern.
In the early 00’s there were a few nice cameras with a 3x zoom that would fit in an altoids tin.
I think most of the current crop of micro cameras are toys :(
Turn it off before crossing. They may ask you to power it on, which you may comply with. In my experience, biometrics don’t work after a fresh boot and the device password must be entered before biometric unlocking works.
That prevents them from getting into your phone, but probably prevents you from getting across the border too.
I have a question… there’s data on my phone and other devices that are protected under an active NDA. I am legally obligated to prevent disclosure of that information.
So… what happens then?
An NDA is just a contract, an actual law always trumps it.
> agree to do corporate espionage for company A
> get a job at company B, sign an NDA, put all their sensitive data on your phone
> have your buddy get a job with the CBP
> cross the border, “oops, I guess he gets to look at my phone, what can I do?”
> buddy doesn’t have an NDA so he tells company A what he saw then splits the money with you
> profit??
No, you’re not. Encrypt the device and turn it off.
And if they ask you to unlock it, you just say no and it all goes fine?
They hold you for a few hours and make a bunch of vacant and vague threats.
Then, yes, they release you.
A few court rulings from now and I won’t be surprised if they’ll start indefinitely detaining people or using “enhanced interrogation”
