An Appeals Court panel has ruled that federal agents can legally search through travelers' cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.

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[–] 109 points 1 month ago (16 children)

Tbh I'm shocked it wasn't already. Like I thought the border has been a "no rights zone" for as long as I've been alive.

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  • [–] 37 points 1 month ago (2 children)

    it seems like this a re-affirmation of it -- guaranteeing that it'll stay in the books for the rest of our lives

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  • [–] 4 points 1 month ago (1 child)

    It doesn’t have to stick around any longer than Congress allows it to. Congress needs to grow some balls, pass some laws and put the courts in there place. Those dickhead justices aren’t elected and the congress is.

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  • [–] 1 point 1 month ago

    congress is in a permanent stalemate so long as we keep re-affirming our political dupoloy -- the supreme court will be our daddy from now on unless we can distract ourselves long enough from our phones to take note of how the mexicans got rid of their political duopoly in 2017.

    and -- ironically enough -- they were able to do their thing because of the phones. lol

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  • [–] 22 points 1 month ago* (last edited 1 month ago) (12 children)

    Yah I thought SCOTUS ok'd that within 100 miles of a boarder.

    ...

    Seems not! Just lots of circut courts have affirmed the general idea. This is the first at an appellate court.

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  • [–] 47 points 1 month ago (11 children)
  • [–] 38 points 1 month ago (6 children)

    and that number goes up significantly if you consider an international airport a "border"

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  • [–] 14 points 1 month ago (2 children)

    I saw someone also mention "waterways" in another thread as being subject to this. If that means navigable rivers like the Mississippi, etc., then between coasts, land borders, airports, and waterways, it's probably most of the US.

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  • [–] 38 points 1 month ago (3 children)

    Just create a fake profile with pictures of diseased cocks.

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  • [–] 17 points 1 month ago (2 children)

    Border security very likely uses israeli tech to download your whole drive. Even if they don’t I assume they would at least hold you for questioning if you did make such a profile

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  • [–] 11 points 1 month ago (1 child)

    Cellebrite. They don't even need to look through the phone if you unlock it for them they'll enable whatever settings they have to to download the whole thing. From there they build out associations based on your contacts, apps, social media, etc. Essentially they do what palantir does but a lot more direct, and skips the whole data brokers part.

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  • [–] 21 points 1 month ago (1 child)

    Registration walled. Anyone happen to have the full text?

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  • [–] 40 points 1 month ago

    My personal life is pretty damn boring, but regardless, every time I fly (even domestic) I wipe my phone beforehand and only keep emergency contacts.

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  • [–] 18 points 1 month ago (9 children)

    I have a question.. there’s data on my phone and other devices that are protected under an active NDA. I am legally obligated to prevent disclosure of that information.

    So.. what happens then?

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  • [–] 8 points 1 month ago

    > agree to do corporate espionage for company A

    > get a job at company B, sign an NDA, put all their sensitive data on your phone

    > have your buddy get a job with the CBP

    > cross the border, "oops, I guess he gets to look at my phone, what can I do?"

    > buddy doesn't have an NDA so he tells company A what he saw then splits the money with you

    > profit??

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  • [–] 0 points 1 month ago (5 children)

    No, you're not. Encrypt the device and turn it off.

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  • [–] 4 points 1 month ago (4 children)

    And if they ask you to unlock it, you just say no and it all goes fine?

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  • [–] 1 point 1 month ago (3 children)

    They hold you for a few hours and make a bunch of vacant and vague threats.

    Then, yes, they release you.

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  • [–] 5 points 1 month ago (2 children)

    A few court rulings from now and I won't be surprised if they'll start indefinitely detaining people or using "enhanced interrogation"

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  • [–] 27 points 1 month ago (11 children)

    Just budget for a cheap ass phone for when you cross the border and don't take your actual device with you. Or if you do take it with you when you cross, make sure that it is off during the entire transit.

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  • [–] 20 points 1 month ago (9 children)

    make sure that it is off during the entire transit

    I've never had them insist that I can recall, but I do remember reading, I believe in the TSA docs, that any devices are supposed to be powered on and able to be demonstrated to be working or something to that effect ... I guess to make sure it's not just a phone-shaped bomb or whatever.

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  • [–] 18 points 1 month ago (2 children)

    Even if they have you powered on, the fact that it's in the before-first unlock state means that the file-based encryption still holds and it cannot be unlocked with biometrics.

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  • [–] 4 points 1 month ago

    Only time I've ever had an "electronic" device checked like that was at an airport in Europe about 15 years ago (if memory serves me right, I think it was CDG in France). I had a DSLR with a couple extra lenses and they asked me to turn on the camera and take a picture with each lense attached. They also asked to view through the viewfinder with each.

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  • [–] 7 points 1 month ago (2 children)

    Makes a little more sense when you consider Israel's pager bombs.

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  • [–] 6 points 1 month ago

    I held on to my old phone when I last upgraded just for this reason. If I ever need to travel internationally in the next few years, that's the one that's coming with me. And as much as I'd like to bring my steam deck for travel entertainment, that's staying home too.

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  • [–] 13 points 1 month ago (3 children)

    I don't know if any phones have this, but on a PC you can set up multiple partitions and have the password you entered determine which is logged into on boot. Then if the ICE brownshirts demand to see your sick memes, you can show them a boring install with some basic apps, instead of the install where you're informing the denizens of the interwebs that Trump raped kids and the entire GOP is covering it up.

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  • [–] 11 points 1 month ago

    Anyway I prefer to suck at my ellbow before visiting the US.

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  • [–] 11 points 1 month ago (4 children)

    With protesting and dissent nearing illegality, It's no longer safe to have password managers, browser history or social media on your phone. (at borders for now)

    I see a lot of people saying just shut it off. They will turn it on, tell you to unlock it, you refuse, they'll detain you, try tools to bypass, confiscate it (you need to make sure you get a receipt) and they'll let you out without it at some point. Even citizens can get detained for periods greater than 24 hours.

    If you express any public dissent toward the administration, you should consider traveling with a dumb phone or a burner, not connected to your email/social online services/password systems.

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  • [–] 4 points 1 month ago* (last edited 1 month ago) (3 children)

    With protesting and dissent nearing illegality, It’s no longer safe to have password managers, browser history or social media on your phone. (at borders for now)

    I had not considered the risk of having a password manager on my phone and being cohered to unlock it. There's nothing dissentious there to find so I'm not concerned about that (don't infer from that that I think it's acceptable that they can look, I do not). But what's to stop them from stealing financial login info while they're at it? That's the worry that just triggered.

    If you express any public dissent toward the administration, you should consider traveling with a dumb phone or a burner, not connected to your email/social online services/password systems.

    Traveling with a dumb phone isn't always viable. A recent example I can think of is I had to scan a QR code and fill out a customs form on a website. There was not a paper based alternative. But a burner works.

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  • [–] 2 points 1 month ago (2 children)

    Yeah, that and actually taking decent pictures. If you just need a function, you can get non-flagship Android burners really cheap, or just keep a previous phone, wipe it, and travel with an eSIM.

    My primary concern isn't so much what i'm saying now, but what they think about it later if we keep heading toward darker times.

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  • [–] 2 points 1 month ago (1 child)

    Yeah, that and actually taking decent pictures.

    Cheap phone + nice camera is another option. But with the downside of more to pack and carry around.

    My primary concern isn't so much what i'm saying now, but what they think about it later if we keep heading toward darker times.

    ... yeah that feels entirely possible. Valid concern.

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  • [–] 11 points 1 month ago

    Well that's convenient, now they don't have to do it illegally anymore.

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  • [–] 17 points 1 month ago (5 children)

    Turn it off before crossing. They may ask you to power it on, which you may comply with. In my experience, biometrics don't work after a fresh boot and the device password must be entered before biometric unlocking works.

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  • [–] 22 points 1 month ago (4 children)

    That prevents them from getting into your phone, but probably prevents you from getting across the border too.

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  • [–] 20 points 1 month ago (2 children)

    Encrypt all your real devices and use a dummy phone to cross. If you get questioned, give lawyer contact info and say nothing else

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  • [–] 8 points 1 month ago (2 children)

    So… traveling outside the US and think you want back in… break out that old phone and keep it effing clean for travel. Actual phone goes in to safety deposit box.

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  • [–] 8 points 1 month ago (1 child)

    So anywhere within 100 miles of a border or international airport.

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  • [–] 8 points 1 month ago (2 children)

    So bits are considered a controlled substance now?

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  • [–] 8 points 1 month ago* (2 children)

    Leave your phone at home, back up all the important data you need into a server. Keep all important information and documents you need for the trip printed on a paper.

    Go through border without a phone, buy new phone and SIM abroad to avoid roaming. Access/download your important info through the internet using the hotel's wifi.

    After the trip you can bring the phone home and it will only contain some holiday photos.

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  • [–] 15 points 1 month ago (3 children)

    This was already the legal case. I'm confused what changed. This was okay legally for international travel anyway because borders are not considered protect it by the Constitution. I'm so confused. What's different?

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  • [–] 7 points 1 month ago

    Never going anywhere near that border.

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  • [–] 6 points 1 month ago

    Very telling that USians are being Berlined and the reactions here are pretty mild. At least in Berlin they had communism inside. In the US is just a hellscape of late stage capitalism.

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  • [–] 5 points 1 month ago (2 children)

    That's a hassle. They won't find anything they'd be interested in while searching through my phone. Because I am a fairly boring man (and I'm cool with that). But I don't agree that they should have the right to do so in the first place, and I do travel fairly frequently so this is a concern.

    I guess I can get a burner and create a separate password database that just has stuff I know I'll need to use while traveling (like airlines and rideshares). And memorize ones that I don't want them having access to, like my email account (makes password resets a risk) and bank accounts.

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  • [–] 2 points 1 month ago (1 child)

    Nice thing for me is I already have 2 phones. I get a phone stipend for work so I can keep my sensitive personal stuff and my sensitive work stuff on separate devices. I work in the public sector, so it's especially important because of Open Records stuff.

    But it also means that if I'm going on vacation out of country, I can just take the work phone that's already sanitized.

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  • [–] 1 point 1 month ago

    I actually have a separate work phone too. Jealous that you get a stipend for it. Mine is just a older phone with no sim card. Mostly sits in my home office. Connect it via hotspot when I'm out and about during work hours or am oncall.

    No reason I can't repurpose it as my travel phone when needed like you do. That'd be pretty easy.

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  • [–] 5 points 1 month ago (5 children)

    Seems like you need to travel with a burner phone now?

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  • [–] 3 points 1 month ago (4 children)

    It’s not enough. We leave such a large digital footprint anymore, it’s not hard to connect everything and everyone together. They almost certainly have some pretty crazy technology that we don’t even have access too as well.

    The bigger thing here, is this is a supposed first world country using your personal information and communications to intimidate and threaten you. Heck to even imprison you. That’s third world country tinpot dictator-like behaviour.

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  • [–] 5 points 1 month ago (2 children)

    At least I'll know which of my three phones to keep in pocket (I've got a Pixel 9a running GrapheneOS, iPhone 13 and Microsoft Lumia 435 Dual SIM).

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  • [+] 5 points 1 month ago (9 children)
  • [–] 4 points 1 month ago (2 children)

    Just disable the biometric unlock features. The password method still requires a warrant.

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  • [–] -1 points 1 month ago (3 children)

    Bad advice.

    Encryption on a smart phone is much better.

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  • [+] 1 point 1 month ago (2 children)
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