Searching people's devices without reason, and especially forcing people to provide their passwords or unlock their devices has always felt extremely unjust and draconian to me, but doing that to citizens feels illegal, or at least should be.
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They're allowed to take the device without a warrant. They are not allowed to force you to give the password. They are breaking the law here.
are they allowed to hold it without warrants?
Their standard procedure is officially to have your device back to you in 2 weeks. However it can take months
There's a constitutional rights free zone 100 miles out from the border, so CBP thinks they can do whatever the fuck they want to do.
This is key:
"Officers routinely ask travellers to provide their passcode or password to devices so they can be examined, but they do not have the power to compel passengers"
If they ask for your password, you can confidently say no. Let them have the device, and leave once cleared. Ensure your devices are encrypted.
They even asked for his password manager's password. FFS.
Lose the device. It's better than giving into that illegal activity
^ 100% this. My data's backed up. I can get a new phone and sue the government later for confiscating a personal asset without due cause. Fuck that Gestapo shit.
Also, I disable biometric locks when traveling through airports and similar situations. They can easily "compel" biometrics from me, but not a password.
I don't have any concerns for my local coppers wanting to take my phone - it's too risky for them to do that without due cause - but the same can't be said for federal power trippers like Border Force (what a fucking stupid name - sounds like something Trump came up with).
This is why I started to carry 2 phones. Since one I can hand to scan and had nothing. Other is in a carry on covered.
Your strategy is not fool-proof.
True but it worked once.
Ya losing my phone is totally worth it🙄
Found the agent.
Or I spent 1200 usd on my phone and then got a pay cut and hours cut.
I never understood people who spend $1000+ on a phone. But that's besides the point, I know.
But back on topic. I understand. I guess it's a matter of what mattes to you most: the money you paid for the phone, or an agent knowing your personal passwords and going through your personal stuff.
A phone is a grand roughly.
when they see you text an unknown number "ok be there in 5" a few weeks ago and use that to "prove" you committed any crime they can imagine it'll cost you a lot more money.
Jokes on you, I don't meet up with anyone other than my wife.
That's fucked, I hope this story gets sent around to local MPs and gains a bit of traction. Civil and digital liberties have been on the decline for decades now under the guise of "anti-terrorism" or "security", and this is a perfect example of how that can manifest into something that directly affects the lives of law-abiding citizens.
This is why it's a good idea when travelling internationally to either wipe your phone completely before going through customs or using an old phone. Backup data on your phone and redownload it when out of customs.
Fine. Keep it. I can remotely wipe it from a PC or another phone while you're still unable to get into it. Stupid fascists.
Unfortunately they thought of that too. (This is from an article linked within):
The policy document reveals that the owner of the device must not be allowed to gain access to the device until an officer has completed the examination. That means mobile devices must be put into flight mode and have their SIM card removed, and laptops must have batteries removed if possible, rather than just shut down.
It also suggests that for Apple iPhones where the passcode is not known, officers consider holding any computer the owner has.
Fuck.
Only thing worse than stupid fascists are smart ones.
Only thing worse than [etc]
A kick in the balls every minute for 48 hours is worse.
Yeah. You basically have no rights when crossing into the border, even as a citizen. They will make you unlock your devices if they feel like it. Make sure you travel with a burner if you’re concerned. It’s not right and we shouldn’t have to but not enough people care enough to change it. It’s a shame.