Reminder: The "border exemption" to your rights is real.
199 comments
The harassment is targeted at critics & opponents of the current regime. The message is very clear: Be afraid of us. Be very afraid
There are 33 days remaining until election day. Vote out all the incumbents.
[1] https://www.help.cbp.gov/s/article/Article-1253?language=en_...
[2] https://www.southernborder.org/100_mile_border_enforcement_z...
>Border Patrol checkpoints do not give Border Patrol Agents carte blanche to automatically search persons and their vehicles, other than in the manner described above. To conduct a legal search under the Fourth Amendment, the agents must develop particularly probable cause to conduct a lawful search. Probable cause can be developed from agent observations, records checks, non-intrusive canine sniffs, and other established means. Motorist's may consent to a search but are not required to do so.
The issue now is that my entire life is literally on my phone.
The issue now is that there is a 100-mile ‘border search exception’ in place. https://en.wikipedia.org/wiki/Border_search_exception
Now, within 100 miles of the border, should CBP choose to, they can search me without a warrant and search everything in my phone, and even retain it if they’d like. If I want to challenge that, I need tens of thousands of dollars and time.
This is the very definition of an unreasonable search; but to change that we have to change the politicians and change the judiciary. It’s up to us, but until we get it changed, we may as well consider the 4th amendment a dead letter, and that means trouble for all of us.
During the last quarter of century, in many hundreds of border controls through many countries of Europe and Asia, including in places with tight security like Israel, I have never seen any case of searching for information in any belongings of the travelers, like computers or smartphones or even notebooks or the like.
Israel is a country that long before 9/11 had extremely effective methods for testing travelers at border control, and unlike the Americans they kept their methods unchanged after 9/11. Unlike USA, they have never relied on technical means, like X-ray scanners or SSD/HDD searching, but they have relied on trained humans who interviewed the travelers and assessed whether they lie about their purpose or not.
If you vote out all the incumbents then you encourage them to ignore you. You will vote against them whether they support, ignore, or oppose what you want. Also, removing the people who agree with you makes it harder to form a majority for your cause.
which is to say - you sure can vote. but if you really want to do something, there's plenty of local hacktivist groups around doing things like logging ALPRs to maps, attending townhalls to yell at pro-surveillance councilmembers and the like
my experience with those groups is that anybody who's remotely tech savvy and/or a spreadsheet whiz is a godsend. I was one of two people in a 30+ person group who knew how to, for eg, set up breakout rooms, keep virtual attendees engaged, automate email sends, etc. if there's one thing movement organizers are generally bad at it's knowing how to use the technical tools to actually stay organized
you can also be the person who gets them to move off of Google and onto at-least Proton (though ideally something like Cryptpad). anybody with a halfway-competent understanding of OpSec could've prevented a lot of the things that led to the doxxing of individuals and people leaving the movement due to harassment
For US citizens entering the US: If you're concerned about protecting your data from this threat, you should use GrapheneOS (or less good would be a latest iPhone in lockdown mode) and not talk to the police. The 5th amendment does not seem to have an exception at the border, so you can't legally be compelled to hand over your password. They can lie, they can detain you, they can seize your stuff. You shouldn't be the one arguing with them, you should be silent and ask for an attorney. As a US citizen, you can refuse and still enter
GrapheneOS has demonstrated to be robust against physical access even in AFU [1]. It's still a good idea to shut down / restart because BFU is much more secure. To maintain convenience while avoiding reliance on the rate limiting of the secure element, you can use a long random passphrase as your primary unlock (you enter it every time the device is in BFU) and a fingerprint with a second factor pin as the secondary unlock.
Even if you factory reset your phone and backed up data (to an E2EE cloud provider, over Tor and memorized the credentials), you should still not disclose your password because it could allow evidence to be planted or your device to be compromised. Nothing you say to the border agents can help you in court, it can only be used against you.
The duress pin is generally not how you should handle a situation like this. You do not need the duress pin to prevent access, its purpose is if you're being physically coerced as well as to give the attacker the dillema of whether to enter a coerced password (it even gives this benefit for people that don't use the duress password).
Sure, if police are behaving illegally and the information that would be disclosed is worth the possible punishment, then that's a personal decision.
[1] Based on leaked Cellebrite documentation, GrapheneOS was the best performing device against AFU attacks. It also has a customizable reboot timer to bring the device back to BFU after a set time of not unlocking. The options are between 10 minutes and 72 hours of unlocking and 18 hours is the default iirc. Apple and Google likely copied but without the option to customize. Theirs are set at 72 hours.
If for whatever reason you think you're being investigated or surveilled (who knows for what these days, could be enough to just associate with the various protest groups / orgs), you can just assume that the border will be where they'll try to clone / download your data (phones, laptops, whatever)
This makes returning to the country nice and pleasant. The border agents never ask you creepy questions like: Where are you going? Where will you be staying? What do you intend to do? (it's what US border agents ask their citizens). They just say hi and let you in.
I know the UK is an authoritarian state and not really comparable to the US, but as a Brit it's kinda weird hearing Americans complain about flock cameras and arbitrary border searches – these are common place things in the UK and no one cares (well, apart from me and maybe one or two others).
Summary is they can’t detain people for no reason, they can detain people for specific offences relating to immigration and citizenship, customs and excise and also the normal stuff any regular police officer can arrest people for.
I’m no apologist for how much state authority they have, but it’s not as bad as you’re making out.
That seems like a YP not an MP. Just because you and your fellow countrymen gave up long ago is not the problem of those fighting to not lose those rights now. Except maybe you guys make it easier as an example of for the government to show as an example of other countries are already doing it. Thanks for that.
The fight might be a losing cause, but at least it is being fought as long as it can be fought instead of just laying down and accepting it like the UK seems to have done.
If was arrested on suspicion of something, I can get legal assistance and I can know what I am suspected of and why before any of my property (or in this case, potentially very private and sensitive information) could be taken. If the arrest is manifestly wrongful or not based on any evidence, then I expect it would be easy enough to resist investigation.
On the other hand, having someone at the border who can justify an arbitrary search on the basis that "they might suspect of something", without having to clearly justify that basis and that if they then take property (or information), potentially copy it completely opaquely and then have zero accountability if that is misused is extremely frustrating but I guess you need to lobby your lawmakers to make the system fairer and to ensure legal protections of privileged information is completely upheld - period.
Wipe your phone and factory reset before you cross the border, then restore afterward.
It's self explanatory.
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