It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.
The 4th Amendment says, exactly:
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.
I do not know how that could be unclear. My cellphone is my effect, and arguably, also a "paper". Which SHALL NOT BE VIOLATED. But apparently, I'm too dumb to understand the sentence[1].
Customs has always been able to search everything without a warrant or suspicion when crossing the border. I guess this is saying that they can search the digital contents of physical devices/media as well?
Anyone still crossing US borders with electronic devices that aren't fully wiped? This is company policy for some European companies for a long time. Even during the Biden administration.
Most employees just receive a wiped phone/laptop for the duration of the trip. Depending on the country its either a device that only has access to the bare minimum of Services, or for countries like Russia they issue a dumb phone that can only call and text.
The best time to delete all social media accounts and never post anything online with your name attached ever again was 10 years ago. The second best time is right now. Mindblowing to me that people assume any right to privacy anymore.
So carry a separate device while traveling. Or wipe your phone, then restore after the border. This is just going to lead to a service that does this for you and the overreaching feds won’t be able to do anything about it.
And as far as I can tell you still don’t have to give them your pin code.
Not really. Cellebrite isn't magic. If you have an up to date OS and a strong password not pin, encryption functions as it should. The best thing to do is simply have a travel phone.
It is insane to me that judges consistently rule that the constitution doesn't apply because there's a "border" within 100 miles.
The 4th Amendment says, exactly:
I do not know how that could be unclear. My cellphone is my effect, and arguably, also a "paper". Which SHALL NOT BE VIOLATED. But apparently, I'm too dumb to understand the sentence[1].[1] https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United...
Customs has always been able to search everything without a warrant or suspicion when crossing the border. I guess this is saying that they can search the digital contents of physical devices/media as well?
It says they can manually search them. According to this, the ruling explicitly doesn’t say if they can digitally search them.
digitally also means “using the fingers”, so never consent to a digital search without prior clarification
Anyone still crossing US borders with electronic devices that aren't fully wiped? This is company policy for some European companies for a long time. Even during the Biden administration.
Most employees just receive a wiped phone/laptop for the duration of the trip. Depending on the country its either a device that only has access to the bare minimum of Services, or for countries like Russia they issue a dumb phone that can only call and text.
The best time to delete all social media accounts and never post anything online with your name attached ever again was 10 years ago. The second best time is right now. Mindblowing to me that people assume any right to privacy anymore.
The problem with these laws isn't that they can search you at the border. It's that they can search you within 100 miles of the border (https://en.wikipedia.org/wiki/Border_search_exception). The total number of people who live within that zone is 213 Million people, or 2/3 of the total population (https://www.aclu.org/know-your-rights/border-zone).
So carry a separate device while traveling. Or wipe your phone, then restore after the border. This is just going to lead to a service that does this for you and the overreaching feds won’t be able to do anything about it.
And as far as I can tell you still don’t have to give them your pin code.
the worry is that this will be interpreted as tampering and cary consequences.
They don't need your pin, they can just hack the phone take all your data anyway. ICE has a contract with Cellebrite
Not really. Cellebrite isn't magic. If you have an up to date OS and a strong password not pin, encryption functions as it should. The best thing to do is simply have a travel phone.
And now you're extra suspicious if you don't have one at all