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Does anyone know whether travelers are required to facilitate these phone searches (e.g. enter encryption password at boot and disable screen lock)? Edit: Foun

by brbsix 10y ago

Does anyone know whether travelers are required to facilitate these phone searches (e.g. enter encryption password at boot and disable screen lock)? Edit: Found relevant article at https://arstechnica.com/tech-policy/2017/02/what-could-happen-if-you-refuse-to-unlock-your-phone-at-the-us-border/ https://arstechnica.com/tech-policy/2017/02/what-could-happe... In summary, yes. It is a misdemeanor (subject to a fine of not more than $1,000) to refuse to provide assistance (e.g. translation or decryption). Assuming you refuse, they will likely seize the device and detain you for some unknown period of time.

huffmsa 10y ago
Eff.org m8
apetresc 10y ago
If by "required to" you mean "legally and constitutionally required to", then that's still at least somewhat ambiguous and hasn't been fully tested in court. If by "required" you mean "to get on my flight and avoid getting arrested", then probably yes, it's required.
amckenna 10y ago
EFF has posted guidance on this issue: https://www.eff.org/files/2017/03/09/digital-privacy-border-2017-guide.pdf https://www.eff.org/files/2017/03/09/digital-privacy-border-...
darkarmani 10y ago
What if you and your wife enter on different flights? Wouldn't it makes sense to carry each other's devices and not share the passwords with each other? You aren't refusing; you have a plausible defense to not knowing the passwords. It's less compelling, but i guess you could have a trusted friend change your passwords for you and require them to later unlock them. (after you get out of detainment 5 days later and fight in court -- instead of the gov't winning, you both lose)
- enknamel 10y ago
  Do you seriously think a TSA agent would just say "Oh this phone isn't yours and you can't unlock it? I better just let you take it on the plane!" If they cannot perform the search no matter what your excuse is, I seriously doubt they will let that phone, or even you, enter.
  - darkarmani 10y ago
    > If they cannot perform the search no matter what your excuse is, I seriously doubt they will let that phone, or even you, enter. If you are a US citizen, they can't really keep you out of the country for this. They can make it hell, but not keep you out. If you are not a citizen, then yes, they can send you right back.

by brbsix 10y ago

huffmsa 10y ago

Eff.org m8

apetresc 10y ago

If by "required to" you mean "legally and constitutionally required to", then that's still at least somewhat ambiguous and hasn't been fully tested in court. If by "required" you mean "to get on my flight and avoid getting arrested", then probably yes, it's required.

amckenna 10y ago

EFF has posted guidance on this issue: https://www.eff.org/files/2017/03/09/digital-privacy-border-2017-guide.pdf https://www.eff.org/files/2017/03/09/digital-privacy-border-...

darkarmani 10y ago

What if you and your wife enter on different flights? Wouldn't it makes sense to carry each other's devices and not share the passwords with each other? You aren't refusing; you have a plausible defense to not knowing the passwords. It's less compelling, but i guess you could have a trusted friend change your passwords for you and require them to later unlock them. (after you get out of detainment 5 days later and fight in court -- instead of the gov't winning, you both lose)

enknamel 10y ago
Do you seriously think a TSA agent would just say "Oh this phone isn't yours and you can't unlock it? I better just let you take it on the plane!" If they cannot perform the search no matter what your excuse is, I seriously doubt they will let that phone, or even you, enter.
- darkarmani 10y ago
  > If they cannot perform the search no matter what your excuse is, I seriously doubt they will let that phone, or even you, enter. If you are a US citizen, they can't really keep you out of the country for this. They can make it hell, but not keep you out. If you are not a citizen, then yes, they can send you right back.