Why does the US give itself a pass on this? (Border control)

[shadowmouse]

http://www.nbcnews.com/news/us-news/...lphone-n742511

DHS has the right to search any object brought across the border within 100 miles, which means that Customs and Border Protection agents can search you when you are entering or leaving the U.S. at the border or at an airport, or that Border Patrol agents can search you if you are close enough to the border.

Anywhere else in the country, law enforcement would need a warrant or at least reasonable suspicion. The Fourth Amendment does not apply the same way at the border.

But that's not carte blanche for border officers to search all travelers at any time.

In February, CBP officers at New York's JFK airport blocked the exit on a domestic flight, and told travelers they needed to show identification. Those people did not necessarily have to comply, former DHS lawyers told NBC News. If you don't cross a border, CBP can only search if you agree to it, or if they have reasonable suspicion against you.

This appears to be a growing problem: http://www.businessinsider.com/can-u...airport-2017-2

From October 2008 to June 2010, over 6,500 people had their electronic devices searched at the border, nearly half of whom were US citizens, according to government data provided to the ACLU through a Freedom of Information Act request.

Wessler said that while seizing phones at the border "is not a new problem," the ACLU has seen an uptick in people saying their devices have been searched.

A CBP spokesman told The New York Times that agents inspected 4,444 cellphones and 320 other electronic devices in 2015 — a relatively small number compared with the 383 million arrivals recorded in the US that year.

But DHS data reviewed by NBC News found that agents analyzed almost 25,000 phones last year, a 460% increase.

Further: http://www.nbcnews.com/news/us-news/...lphone-n742511

Travelers told NBC News they were asked to unlock their phones or to provide passwords. No law or policy says citizens have to hand over their passwords to CBP agents. In fact, several lawyers who spent years working for DHS said they believe the practice could be challenged on Fifth Amendment grounds. However, it hasn't been tested in court.

If you're a U.S. citizen and refuse to hand over your PIN, the agents can keep you at the border for a few hours but they can't compel you to provide the information. Even though some officers have threatened arrest, they can't follow through on it, at least not legally.

When asked if CBP would arrest U.S. citizens at the border for refusing passwords, DHS spokesperson Gillian Christensen told NBC News, "We don't do it."

Besides, DHS can probably get your data anyway, without a password. DHS has the technical capability to forensically extract data from most Apple and Android phones, except for the newest models. More than two dozen reports document the agency's proven ability to access deleted call logs, videos, photos, and emails to name a few, in addition to the Twitter, Facebook, and Instagram apps.

Seriously? If this were a thread about China, I'd expect to see the usual comments on authoritarian regimes and human rights. So, why are we giving ourselves a pass on this? Note that these two articles refer to conditions that apply to US citizens, this is not simply an immigration issue.

[Allybeboba]

I have ever had an issue going to Mexico. As far as I know my sister as never had as issue and she goes there 3-4 times a year. Maybe even more than that.

I let them do their cursory check and I go my way.

[Sam the Wiser]

I'm okay with this because my fellow Americans said we don't need privacy. The government knows what's best for me! They will protect me!

[Khuros]

No way i'd give my password to anyone for any reason.

[Slirith]

That's why you buy a burner phone when going on vacation to a different country.

[Varitok]

That's why you buy a burner phone when going on vacation to a different country.

You shouldn't have to.

[belfpala]

That's why you buy a burner phone when going on vacation to a different country.

There are only three reasons to have a burner phone. One of them is because you didn't get approved for a contract somewhere or just don't want a contract, the other is ________.

[Mormolyce]

Brought to you by the champions of small government.

There are only three reasons to have a burner phone. One of them is because you didn't get approved for a contract somewhere or just don't want a contract, the other is ________.

You cook blue crystal under the name Heisenberg?

[yetgdhfgh]

Dhs shredding the constitution one bit at a time!

[Kapadons]

Stopping America citizens on a domestic only flight is absolute bullshit. 0 grounds for it being allowable beyond standard safety checks.


Stopping US citizens for their phone info is bullshit irregardless of the circumstances. And yes I include the crazies that shoot places up in this.

Basically, no US citizen should ever be asked to provide their phone for inspection from any government agent.

Seems the links you provided said it could or will be unconstitutional , it just hasn't been pursued in the Supreme Court just yet.

[belfpala]

You cook blue crystal under the name Heisenberg?

woah woah woah, only cook the blue crystals if it's a full moon in October. Otherwise they should just be crushed and stored.

Anyway, here's my deal. If I happened to be arrested, and law enforcement asked me, I have no legal requirement to provide anything beyond my name. If they ask for the key to my house, I don't have to give it. Logical extension, I don't have to give the password to any device I own. They can break in to either if a judge gives permission.

DON'T COOK THE BLUE CRYSTALS>

[dvaz]

There are only three reasons to have a burner phone. One of them is because you didn't get approved for a contract somewhere or just don't want a contract, the other is ________.

Im Jason Bourne and i am about to call Pamela Landy while watching her across the rooftop with a sniper rifle.

[belfpala]

Im Jason Bourne and i am about to call Pamela Landy while watching her across the rooftop with a sniper rifle.

I was hoping for a multi-million dollar car chase, but a sniper rifle scene can have decent drama. Where are you throwing this burner?