4 ms·

> Is this something we need to petition congress to fix? Do CBP agents have the right to search the electronic devices of US citizens without a search warrant o

> Is this something we need to petition congress to fix? Do CBP agents have the right to search the electronic devices of US citizens without a search warrant or not? IIRC, if you're a citizen, they have the power to seize your devices (and anything else you have, for that matter) and temporarily delay/detain you, but not to force you to unlock anything. They can't deny you entry. If you're not a citizen, then they can deny you entry. So you might have to choose to unlock your devices for them to return home to the US or avoid having your travel plans ruined. https://www.aclu.org/blog/privacy-technology/privacy-borders-and-checkpoints/can-border-agents-search-your-electronic https://www.aclu.org/blog/privacy-technology/privacy-borders...

krastanov 8y ago
Indeed, they can not "force" you to unlock the device, however they can deny you entry to the country unless you open the device (although it seems this has not been thoroughly tested in the courts).
- CharlesColeman 8y ago
  > however they can deny you entry to the country unless you open the device I think that's only true for noncitizens, they're required to let citizens in. Sorry, I think I was in the middle of updating my post as you replied.
- brlewis 8y ago
  The ACLU of Northern California says they cannot deny you entry. https://www.aclunc.org/our-work/know-your-rights/know-your-rights-us-airports-and-ports-entry https://www.aclunc.org/our-work/know-your-rights/know-your-r... U.S. Citizens: You only have to answer questions establishing your identity and citizenship (in addition to customs-related questions). Refusal to answer other questions may cause delay, but officials may not deny you entry into the U.S. if you have established your identity and citizenship.
_bxg1 8y ago
They can also intentionally lie to you about what they can and can't do. There have been reports of this happening.
scarlac 8y ago
> having your travel plans ruined. Or in the case for a lot of workers on visas in the valley: Lose your job. They deny entry, put you on a blacklist that guarantees the same treatment every time you try to re-enter. You either comply or you are effectively banned from the country.

krastanov 8y ago

Indeed, they can not "force" you to unlock the device, however they can deny you entry to the country unless you open the device (although it seems this has not been thoroughly tested in the courts).

CharlesColeman 8y ago
> however they can deny you entry to the country unless you open the device I think that's only true for noncitizens, they're required to let citizens in. Sorry, I think I was in the middle of updating my post as you replied.
brlewis 8y ago
The ACLU of Northern California says they cannot deny you entry. https://www.aclunc.org/our-work/know-your-rights/know-your-rights-us-airports-and-ports-entry https://www.aclunc.org/our-work/know-your-rights/know-your-r... U.S. Citizens: You only have to answer questions establishing your identity and citizenship (in addition to customs-related questions). Refusal to answer other questions may cause delay, but officials may not deny you entry into the U.S. if you have established your identity and citizenship.

_bxg1 8y ago

They can also intentionally lie to you about what they can and can't do. There have been reports of this happening.

scarlac 8y ago

> having your travel plans ruined. Or in the case for a lot of workers on visas in the valley: Lose your job. They deny entry, put you on a blacklist that guarantees the same treatment every time you try to re-enter. You either comply or you are effectively banned from the country.