My "only half joking" premonition is that in a few years you're going to need a permit to travel outside the US. And I don't mean a passport. I mean an application that is either approved or denied each time you want to go somewhere. And if you dont stick to the approved itinerary (or you dont come back), feds come bring you back and charge you as a felon.
Each one of these border issues (phone passwords, checkpoints inside the US, travel bans) increases the total law enforcement "resistance" we face when traveling internationally. As the resistance increases, at what point does it become an "open circuit" ?
> My "only half joking" premonition is that in a few years you're going to need a permit to travel outside the US.
Just like during communism in Poland. My parents told me such stories. I think they wouldn't believe me if I said them that it looks like it will be implemented again in USA.
Intelligence agencies aren't stupid. Evidence of attempts to thwart or subvert intelligence gathering is itself suspicious. If the feds seize what looks to them like a burner phone, that may be grounds for them to detain you without trial indefinitely; and may itself become a crime.
That's highly unlikely. How are you ever going to prove that the person just doesn't want to lose their main phone or risk having their information stolen by thieves? It's virtually impossible to get a conviction on circumstantial evidence. Now if you already have a reputation as a suspicious character in your own right, then being found with a burner phone might exacerbate that, but your argument basically depends on the judicial system as we know it ceasing to exist.
What is the felony charge? I keep seeing the word "felony" bandied about in this thread. I get it, it's a scary, attention-getting word. Is it really a charge with a minimum 1-year sentence?
18 U.S. Code § 1001 - Statements or entries generally
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
(a) Except as otherwise provided in this section, whoever, in any matter
within the jurisdiction of the executive, legislative, or judicial branch
of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to
contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years or, if
the offense involves international or domestic terrorism (as defined in
section 2331), imprisoned not more than 8 years, or both. If the matter
relates to an offense under chapter 109A, 109B, 110, or 117, or section
1591, then the term of imprisonment imposed under this section shall be
not more than 8 years.
Option 2: If you're at the US border and a US citizen, "Sir, I'm an American citizen and just want want to get home" -- citizens can't be blocked from re-entering at the border.
Option 1, why did you bring decoys? You should probably sit here in this cell for a bit while we work out what the fuck you're doing.
Option 2, they can't stop you from entering but they can make you enter directly into a jail cell, or generally make your life miserable. See the owner of cock.li, who had all of his electronics seized twice.
I've been party to discussions like this, I know how it goes. Once you're shoved in a small room indefinitely, all of your possessions and shoes taken so you don't kill yourself, and had questions dumped on you, a lot of these cute actions people are suggesting are pretty ridiculous. A seriously stupid move would be to try something like erasing your data, or trying to mislead the offers would simple prolong the experience. You get that treatment even if you haven't done anything wrong, god knows what happens if you have.
Citizens may, indeed, not be barred from re-entering, but there's absolutely nothing, anywhere that says we can't be made to wait unconscionably long before entry, or that we can be allowed to re-enter without our devices.
That constitutes de facto detention and yes, there's absolutely something that governs it.
Unfortunately ICE/CBP has policies [1] in place to require the phone's password that they believe are legitimate per 8 USC § 1357(a) (3). It's likely that only a court ruling weighing the policy regarding this statute against the bill of rights would make them change.
Define "blocked". Because Sidd Bikkannavar's recent experience tells a different story[0].
"The document given to Bikkannavar listed a series of consequences for failure to offer information that would allow CBP to copy the contents of the device. “I didn’t really want to explore all those consequences,” he says. “It mentioned detention and seizure.”"
You may be subject to an inspection for a variety of reasons, some of which include: [...] you have been selected for a random search."
You’re receiving this sheet because your electronic device(s) has been detained for further
examination, which may include copying.
CBP may retain documents or information relating to immigration, customs, and other enforcement matters only if such retention is consistent with the privacy and data protection standards of the system in which such information is retained. Otherwise, if after reviewing the information, there exists no probable cause to seize it, CBP will not retain any copies.
Tech bro citizens need to intentionally travel in order to step up and volunteer to say "No" to all entreaties for their data. They have money for lawyers, and PTO for time.
>citizens can't be blocked from re-entering at the border.
Well, sort of. They have to let you in, but you can be held more or less indefinitely if you're suspected of committing a crime, or not complying with the border agent.
"Okay, then please give me your Facebook and Twitter usernames and passwords."
If you lie, and then they do a search and find you, then you're going to be in bigger trouble.
I don't know those passwords because I use a password management solution allowing me to use very strong gobbledygook passwords. Access to my password management solution is bio-locked on a device I don't have presently.
I don't think it's all that suspicious. For example one might reasonably say something like this:
"My regular phone is SIM locked and my plan doesn't have international roaming, so it's useless to carry it. I bought a cheap unlocked phone so I could get a SIM card at my destination, because I only use it when traveling."
