4 ms·
All this points to putting a stop to all this bullshit politically. Border agents are overstepping their granted authority when inspecting the data contents of
by logfromblammo 8y ago
All this points to putting a stop to all this bullshit politically.
Border agents are overstepping their granted authority when inspecting the data contents of an information-storage device, so I'd argue that if you lie to them as they are doing it, they are no longer acting in their capacity as a federal agent. Probably not an argument that a federal judge would agree with, but I can have my own non-lawyerly opinions on it. As it is also my opinion that if you keep a law on the books making it illegal to lie to federal agents, you must also have a law on the books saying that it is illegal for any federal agent to retaliate against or administratively punish any person for failing to answer questions. So, as an ancestor post mentioned, when the likely effect of a non-answer is to draw additional attention, that's clearly unfair to the traveler and their right against self-incrimination.
All that is beyond the ken of the people actually interacting at the borders, so the only solution is to order their boss's boss's boss to write a memo, to pass down the chain of command, saying, "Stop doing this. It is not allowed."
As it is now, the executive will continue to do as it pleases, without regard to folks rationally debating legality on the internet, and neither the judiciary nor the legislature is likely to bother to check it. So the only reliable short-term solution is to not carry such devices across the border at all. When the cops are stupid and cruel, following the law is not a defense. Appeasing them is not a defense. Fighting them is not a defense. There is no defense wherever they can still operate under the guise of legitimate authority. As a traveler, you are completely powerless. And that is unfair, and not something I am willing to tolerate from the US feds. But they don't exactly pay much attention to me with respect to such things--it's okay to step on nobodies; only the people with money matter to them now.