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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[–] 41 points 1 month ago (6 children)

I wonder if you don't take your phone if they consider that suspicious.

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  • [–] 8 points 1 month ago (3 children)
  • [–] 21 points 1 month ago (1 child)

    At this point why do we even have the 4th? Seems like there's always a loophole available to be exploited.

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

    Anyone selling cheap burner phones to use exclusively for border issues like this? I'd rather not use my actual phone but I don't think I can travel without one.

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  • [–] 12 points 1 month ago

    Ebay, or whatever equivalent in your country.

    You could also back it up, wipe it, then restore it afterwards. Or if your phone supports multiple profiles, set up a secondary one with minimal apps and social media. Just don't like them take it, because they can still Cellebrite you in that state.

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

    I'm Australian and last night the wife and I was watching something on YouTube and a flashy tourism add pops up encouraging us to visit the US. Without prompting we both started giggling simultaneously. Right, as if...

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

    What's to stop you from factory re-setting your phone when you approach the border? You can sync it back up once you've cleared security.

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

    Careful, that’s destruction of evidence even if the CBP does it for you.

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

    It's different if you've done it before you got to customs. The person who is being sued now did it after his phone was already in possession of customs.

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

    I imagine that you're fine if you do it before ever approaching the border. You could just say "my phone was giving me major problems so I had to factory reset it, and I just haven't had time to set everything back up."

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

    The lie would likely be what gets you in trouble. The basic truth would probably be safer.

    a: "Why is this phone empty?"
    b: "Because I performed a reset on it."
    a: "Why did you perform a reset on it?"
    b: "Because I wanted to. I'm not aware of any law I broke in how I deal with my own property."

    Your phone will likely still be seized and you may still get questioned, but you've broken no laws. However, don't take my advice. IANAL

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  • [–] 1 point 1 month ago

    I'm not aware of any law I broke in how I deal with my own property.

    "Ignorance of the [fuzzily-defined conveniently enforcement-friendly constitution-dodging illegal law that violates your rights] doesn't exclude you from its consequences!"

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

    For certain definitions of "legal", given that the fourth amendment makes no such allowance.

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  • [–] 8 points 1 month ago

    Hasn't this been going on since at least 9/11?

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  • [–] 6 points 1 month ago

    They've been doing that already for ages. It wasn't legal? What changes now?

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

    FedEx your phone into the country when traveling into the US... Meet it here.

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  • [–] 3 points 1 month ago* (1 child)

    I was considering this with a laptop scenario. Mail an encrypted drive to the destination or just access a cloud account there, and install a "safe" drive that's been wiped except for some games, unimportant documents, and maybe browser history to safe boring social media alias with the occasional "why is my poop green" search.

    You know, because if you're already in this scenario, they'll probably already want to throw you in prison because having an empty laptop or phone they can't feed to their intelligence-beast is "suspicious." Being anything but the most braindead consoomer-normie would be "suspicious."

    If I'm leaving the country (and plan on coming back) I'm bringing a burner phone. I'm nobody special but having a bunch of jamook stormtroopers dump all my personal data for kicks sounds pretty un-Americanly disgusting to me on principle.

    What a freaking world...

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

    This is disappointing, but not surprising in the slightest. However, this could be far more concerning than "mere" privacy violations. This lays groundwork for the ability of the US government to restrict flow of information physically stored on electronic devices into the territory they occupy. Though logistically complicated, I would certainly not put it past a fascist regime to implement such a policy and it would be disconcertingly easy to hide such a policy.

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  • This is more relevant thane ever: https://youtu.be/7lGrKW4A_xc

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