198 comments
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].[1] https://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United...
The scale of surveillance now wasn’t even thinkable back then. The ability to encrypt. The bandwidth and latency of communication. The sheer nunber of people, the research into manipulating minds. Does the second ammendment apply to an f35 or a tank? Well it doesn’t really matter, they clearly weren’t in scope when it was written. There were no wiretapping laws in the constitution because there was no wires. unreasonable in 1780 was different to unreasonable today.
The US has famously failed to update its legal framework via the legislative branch, so It’s upto the judicial branch which seeks to be about interpreting what some wealthy farmers from 250 years ago thought, rather than asking what laws make sense today.
People keep misconstruing this.
The border search exemption only applies when someone is actually crossing a border, and it does grant broad authority to search whatever they're carrying with them at the time. The authority to do border enforcement within a 100-mile zone around borders does not grant a broad authority to search. It does grant a narrow authority to do things like traffic checkpoints, but those don't permit searches for anything smaller than a person without additional evidence.
I do think the ruling establishing the authority to run checkpoints other than actual border crossings was wrongly decided and harmful, but it's not what's at issue in this case.
1. Forcing you to unlock - in this case, Alisigwe unlocked their phone willingly after being asked.
2. Forensic extraction - the ruling does not give authorities the power to run a sophisticated off-site break-in on your phone without reasonable suspicion.
So if you are a US citizen, and you are willingly unlocking your phone at the border (or you don't have a passcode), the Fourth Amendment no longer protect you from a suspicionless manual search of the phone at the border
There are a lot of issues that fail the constitutional grep test yet somehow they are deemed (un)constitutional. The constitution was written to protect the people and states from the overly zealous congress. Not to fix the situation in which the congress is so dysfunctional that the judiciary has to replace it.
The structure of the Supreme Court is foolish. It made sense initially, having the people who drafted the constitution adjudicate it. But I think it would be better to drop SCOTUS all together, letting the Federal courts sort out their disagreements via consensus. Or have a review panel setup like the House (elected, population based) who have the ability to override rulings and censure/discipline judges who make poor rulings.
Either way, we need more people involved in the process.
> I was barred from the US for life
Getting banned for life due to wrongthink screenshots is pretty wild. No idea why screenshots would be suspicious.
> I can understand that security don't want to take any chances with people carrying supposed explosive powders on an airport, so the system was doing it's protective job.
I'd understand rejecting your entry on that day but why would they make you persona non grata forever? That seems completely out of proportion.
I'm a little confused. Canadian police barred you from the US for life?
Also sounds like you did not take your lawyer's advice not to talk. Regardless, sorry you went through such a stressful ordeal over a false positive.
You never know if a stance you have now will be frowned upon in 5 or 10 years from now.
I’ve heard you can’t pass customs with a phone without your social network accounts.
It's trivial to acquire a list of real people tied to email addresses, phones, social media. And that's what's out there for "normal" businesses.
Who knows what kind of tooling is available to people who serve on the boards of tech giants?
Does HN comply with CCPA requests?
"To be sure, nonroutine searches, which are “more invasive searches, like strip searches, require reasonable suspicion.” Id. But we have held that “the label ‘non-routine’ should generally be reserved for intrusive border searches of the person (such as body-cavity searches or strip searches), not belongings.” United States v. Levy, 803 F.3d 120, 123 n.3 (2d Cir. 2015) (emphasis added)."
Read the full thread on Hacker News →
Related stories
- Hacker News · 1 points · 8 days ago
- Show HN: Groundtrack – Continual learning for coding agentsgroundtrack.devHacker News · 1 points · about 13 hours ago
- Ars Technica · 0 points · about 11 hours ago
- Hacker News · 45 points · 9 days ago
- Hacker News · 127 points · about 9 hours ago
- Hacker News · 1 points · 3 days ago