Second Circuit allows government to search electronic devices at the border

jmclnx

The article is not that clear in one way. Does this only apply to non-US Citizens ?

phkahler

Is it a visual search, or do they make a copy of all your data?

josefritzishere

This is a blatant and direct violation of the Fourth Amendment. 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.

majorchord

I thought this was already allowed and the norm for many years?

smalltorch

So store your data in a secure location and only access it with devices if your a journalist?

jchanimal

Since removing a nation-state rootkit is not structurally possible, how is this any different from requiring the device to be forfeited? If all search == seizure and destruction, does that change the legal basis?

softwaredoug

Doing a bit of research, this applies to what’s considered a “manual search” as in a CBP agent spending time manually looking at your phone. It does not appear to allow (or speak to?) plugging your phone into forensic tools for a deeper inspection. Not great, but I think that’s what’s being specifically adjudicated here. They still cannot deny an US citizen entry if you decline to unlock your phone, though they may confiscate your device. I don’t know if they would then be allowed to do deeper forensics without a warrant.

k310

Everyone please read Surveillance Self Defense from EFF [0] My advice, take a burner phone to the airport (and elsewhere?), and since devices are subject to warrantless search anywhere and everywhere, via exceptions to the fourth amendment [1] (the constitution seems designed to be bent or outright ignored), keep your data at home and encrypted. The "cloud" is a government data supermarket. For example. > While the Fourth Amendment is the foundation, federal and state laws can add layers of complexity. For example, the Patriot Act expanded the government's ability to conduct surveillance and searches, particularly in national security cases, sometimes with a lower burden of proof than traditional criminal investigations. MUCH lower. [0] https://ssd.eff.org/ [1] https://uslawexplained.com/warrantless_search

Joel_Mckay

And in response, every other country will start ejecting US citizens after rummaging though their meaningless online critiques of the glorious leader. People did not think this policy through fully. =3

ck2

it's not just a device problem, the whole constitution is suspended 100 miles around the entire border of the US, we have no rights (look at FLORIDA, the entire state!) * https://www.wired.com/2008/10/aclu-assails-10/ * https://www.aclu.org/documents/know-your-rights-100-mile-bor... * https://www.congress.gov/crs_external_products/R/HTML/R46601...

yieldcrv

doesn’t this affirm an existing ruling in a different appeals circuit or the Supreme Court?