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> — Even if something “suspicious” is found, that is not guilt and no charges can be laid so what is the point!? I'm not defending this highly disturbing pract
by AlexCoventry 10y ago
> — Even if something “suspicious” is found, that is not guilt and no charges can be laid so what is the point!?
I'm not defending this highly disturbing practice, but the point is that it's a political test. If they find anything politically disturbing on the phone, they can refuse you entry.
- morgante 10y ago> If they find anything politically disturbing on the phone, they can refuse you entry. No they can't. Refusing to allow a US citizen to (ever) re-enter the country isn't allowed. At worst they can detain you.
- biafra 10y agoI am really curious: What is the reasoning to allow this to happen to US citizens?
- morgante 10y agoThe theory is that 4th amendment protections are relaxed at the border (but they're not entirely eliminated). [0] That allows them to search your physical property and to request digital access, but it does not override the Fifth Amendment protection against self-incrimination. However, CBP does not have the right to demand that you give up your passwords as a citizen. They can attempt to coerce you through detention (but if that detainment were prolonged you'd have a solid habeas corpus case). [0] https://www.eff.org/wp/defending-privacy-us-border-guide-travelers-carrying-digital-devices https://www.eff.org/wp/defending-privacy-us-border-guide-tra...
- wheelerwj 10y agoat which point, you are still fucked.
- firebones 10y agoIt would also seem to assist with parallel construction, along with the added bonus of security theater to support future agency funding.