I love all the instances where it says, we will not do this or infringe in this way... unless it is a matter of national security, which we don't have to disclose to you. So basically, do what you want as long as you write it up properly.
And this part: 5.3 Review and Handling of Passcode-Protected or Encrypted Information 5.3.1 Travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents. If presented with an electronic device that is protected by a passcode, encryption, or other security mechanism, an officer may request the individual's assistance in presenting the electronic device and the information contained therein in a condition that allows inspection of the device and its contents. Passcodes or other means of access may be requested and maintained for the duration of the search if needed to facilitate the examination of an electronic device or information contained on an electronic device, including information on the device that is accessible through software applications present on the device that is being inspected or has been detained, seized, or retained in accordance with this Directive.
I had thought (and Supreme Court ruled) you could not be compelled to unlock an encrypted device, which is why I always powered mined down before crossing. That goes against the obligated to present devices in a condition that allows inspection portion.
Does that apply to non-citizens? If a CBP officer doesn't like you as a non-citizen, like your lack of cooperation during an interview, they could just deny your visa and your entry into the US. If you're a citizen, they can't deny your re-entry. They can delay you for however long and ruin your day and even keep your devices, but you get to go home.
Not new (I love the URL shortening)
>Does that apply to non-citizens? If a CBP officer doesn't like you as a non-citizen, like your lack of cooperation during an interview, they could just deny your visa and your entry into the US.
That's exactly what "you could not be compelled to unlock an encrypted device" means? You won't get sent to the gulag for refusing to, but entry into the US was always conditional with very little room for recourse if the border agent doesn't like you.
Not always.
They must admit you, but they can arrest you one second later
The best time to plant a tree is 10 years ago. The second best time is today.
Not sure about today specifically, but it is pretty relevant with the World Cup starting in 2 weeks
Edit: the first directive apparently was from 2009: https://www.jdsupra.com/legalnews/new-policy-for-device-sear...
5.3.2 "Passcodes or other means of access may not be utilized to access information that is only stored remotely."
Your personal papers are perfectly safe and subject the fourth amendment protections in your rented apartment. But most digital materials are considered to have been shared with a third-party if you store them on Google Drive.
My feeling about this stuff personally is that the biggest issue is that stuff that happens in electronic devices is different in a modern sense than what anyone intended in the past. If you could figure out a way to make my personal property as it exists on a foam or another device, the same as the personal property that’s in my desk at home or the trunk of my car then technology would be able to solve a lot of these problems. I think the custom thing is a more nuance conversation. I don’t understand the theory of it enough, but intuitively it seems ridiculous that a CBP officer has the ability to legally go through 30 years of my pictures in my Apple album because I happen to be crossing a border.
That basically encompasses two thirds of the population.
The last two years have demonstrated a radical need to curtail that range of authority and shift from it being vaguely specified to a concrete legislative specification.
Even ten miles seems (pardon the pun) borderline excessive. There is no reason CBP can't hand off stuff to local, county, state, or federal domestic law enforcement. We have no shortage whatsoever of law enforcement in this country and they're able to communicate inter-agency better than ever via cell phone, tools like slack/teams, text messages, email, and long distance digital radio systems.
Maybe in the 1950's when all they had were shitty radios given them that sort of range was appropriate. Not anymore.
There's a 100 air mile border definition that's material to immigration enforcement (with complicated limitations). It does not determine where searches under the border search exception can occur.
> 5.1.4 An officer may perform an advanced search of an electronic device only in instances in which there is reasonable suspicion of activity in violation of the laws enforced or administered by CBP or, in the absence of individualized reasonable suspicion when there is a national security concern.
In this climate, the qualifiers in 5.1.4 should be assumed to apply 100% of the time.
So, if you bring a device, be prepared to either unlock it and hand it over to be mirrored or abandon it and deal with whatever consequences fall out of that decision.
I'm probably never leaving this shithole again but, if I do, I'm coming and going empty-handed.
Don't worry, they're working on ending birthright citizenship
One easier way to do that is to use a Chromebook Public Session with a VPN, then connect to SaaS or a hosted desktop in your jurisdiction.
???
Are American made operating systems (Android, iOS, Windows, Mac) so full of 0days that the Chinese are burning them on random travelers? This just feels like either severe paranoia and/or chinese/american psyop, making people think that China has some magic hacking power.
So long as only a few countries are doing this, it might seems doable. If everyone starts doing it, international travel becomes rather annoying to say the least. Realistically I think at some point a detente might want to be reached, with everyone agreeing not to search everyone else's electronics.
But "law enforcement" is specifically exempt?
https://en.wikipedia.org/wiki/General_Data_Protection_Regula...
This also happens in many other countries
Source? Are we talking on random travelers, or targeted individuals? I seriously doubt china is doing the former, and I also seriously doubt the US doesn't engage in the latter.
Saying "they can deport you" without specifying whether the hypothetical "you" is a citizen or not means you did not answer the question.
Not that you have to answer a stranger's question, but I thought I would clear the confusion in the hope it may be helpful.
or that their investigation took longer than the duration until your intended flight,
but, no, they can’t legally refuse you from flying without cause or suspicion.
That said, the whole thing is overreach in any democratic society.
1. You don't fuck around with Australian customs agents. Ever.
2. They make every other country look like complete lightweights, Americans and EU included. These guys will fine you AU $500 for half an eaten apple in your bag.
Tip for travelers to Australia/New Zealand: If you have something that is stated on the declaration form, just answer yes. Provided it's not some totally illegal substance, they'll inspect the items and if it's not allowed past the border it'll be seized without penalty. Someone will correct me if I'm wrong, but I believe in some few cases, you can even pick it up on your return.
If it's something like large amounts of cash, goods, alcohol or cigarettes, you may have to pay a tax or import fee and answer a few questions. Just don't be a dimwit.
Customs agents are always given broad discretion and generally care about something.
Most normal folks will never intact with these issues. The last time I travelled internationally, they weren’t even doing secondary customs screening upon return to the US.
Also they'll detain you for having a suspicious burner phone and interrogate you about your social media etc.
Ideally we should be able to just snapshot everything and then restore from that state. Kind of like EC2 or Digital Ocean
I believe in politically sensitive areas like Xinjiang it happens to everyone. A past employer gave specific advice regarding Hong Kong as well.
I think the key thing as a traveller isn’t the righteousness of China vs. US. It’s the chilling effect on travel and trade.
We really depend on these devices that have access to vast scopes of personal and other data. That sexy text you got a year ago is still in your text message store and may be a problem in some places.
What I want is to get my home screen back exactly as I left it: I've not found anything able to pull it off on Android though.
Ideally it would be an exact flash image of the phone.
Unfortunately, I don't know of any other app that does this on an unrooted phone.
It's very patchy, and many (most?) apps opt out, so it's functionally useless.