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Worth noting that the DHS has the authority to take your device, copy the contents, and share any information they found on a case-by-case basis. It seems likel

by nyxtom 10y ago

Worth noting that the DHS has the authority to take your device, copy the contents, and share any information they found on a case-by-case basis. It seems likely that the standard practice will be to simply copy the content wholesale and use it for importing into a system for analysis/flagging/later sharing and completing the network identity. Effectively, handing over your phone completes the picture in terms of network analysis. They have your facial/physical identity, all your communications, your photos, downloads...etc. This seems to also apply to laptops as well and it's likely that they can also just copy all that over as well without discretion. Make no mistake, the authority is far-reaching and completely unchecked. https://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cbp_laptop.pdf https://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cbp_... " While CBP Officers are responsible for the examination of electronic devices, only Supervisors may authorize the copying of the contents of an electronic device.54 Where an electronic device is to be detained or seized by CBP, a CBP Supervisor must approve of the detention or seizure, and the CBP Officer must provide a completed CF 6051D or S, respectively, to the traveler.55 Where a traveler claims that the contents of the electronic device contain attorney-client or other privileged material, the CBP Officer must consult with the local Associate/Assistant Chief Counsel or United States Attorney’s Office before conducting the examination.56 CBP Supervisors may authorize the sharing of the traveler’s information for assistance or other law enforcement purpose on a case-by-case basis "

nyxtom 10y ago
This part is deeply troubling: "ICE has various safeguards in place to protect electronic devices that are detained or seized, or information from a device that is detained during a border search. ICE stores all electronic devices, or information thereof, in locked cabinets and rooms and maintains a chain of custody using appropriate ICE forms and systems. If a copy of information is made from the electronic device to allow the traveler to leave the port of entry with his device, the first copy is known as the “gold copy.” The chain of custody stays with the original or gold copy so that it may be used as evidence in court, if necessary. A new chain of custody form is issued to follow any additional copy of the data that is made; such forms are tracked by ICE Special Agents in the appropriate ICE systems. By policy, ICE’s review of detained information is to be completed in a reasonable time and, if the original device has been detained by ICE, the ICE Special Agent must provide a chain of custody form to the traveler as a receipt. Special Agents must factor in the time necessary for any assistance that may be required when determining “reasonable time.” Once the border search is completed, the detained device will either be seized or returned to the traveler and any copy of the data from the device will be retained for law enforcement purposes and in accordance with the established retention periods for any system of records in which it is stored or destroyed "

by nyxtom 10y ago

nyxtom 10y ago

This part is deeply troubling: "ICE has various safeguards in place to protect electronic devices that are detained or seized, or information from a device that is detained during a border search. ICE stores all electronic devices, or information thereof, in locked cabinets and rooms and maintains a chain of custody using appropriate ICE forms and systems. If a copy of information is made from the electronic device to allow the traveler to leave the port of entry with his device, the first copy is known as the “gold copy.” The chain of custody stays with the original or gold copy so that it may be used as evidence in court, if necessary. A new chain of custody form is issued to follow any additional copy of the data that is made; such forms are tracked by ICE Special Agents in the appropriate ICE systems. By policy, ICE’s review of detained information is to be completed in a reasonable time and, if the original device has been detained by ICE, the ICE Special Agent must provide a chain of custody form to the traveler as a receipt. Special Agents must factor in the time necessary for any assistance that may be required when determining “reasonable time.” Once the border search is completed, the detained device will either be seized or returned to the traveler and any copy of the data from the device will be retained for law enforcement purposes and in accordance with the established retention periods for any system of records in which it is stored or destroyed "