2 ms·

For a complete picture of this what is the situation with FISA and at the border?

elmerfud 2y ago
I travel internationally a fair amount and so what I've read about this it gets into more of a murky area. A lawyer would probably provide the best advice because there is what is constitutionally allowed to happen in what really does happen and the ultimate question of how much money do you want to spend to defend your constitutional rights. https://www.eff.org/deeplinks/2023/05/federal-judge-makes-history-holding-border-searches-cell-phones-require-warrant https://www.eff.org/deeplinks/2023/05/federal-judge-makes-hi... The courts generally side with the people that open ended searches without any kind of suspicion are not constitutional. Of course that does not stop the government from doing it and waiting for the courts to rule in every specific scenario. Because we have a strange system where we have officials that are sworn to uphold the constitution but they're not required to seek clarity before implementing a policy that could violate it. They have no repercussions for violating it the first time. Which generally means that violated it thousands of times until they hit the one person with the money to challenge them. Also at the border US citizens are different than non US citizens in what their requirements are. For example a US citizen cannot be denied entry because they do not want to cooperate with a border investigation. The border patrol will tell you they can deny you entry but that is completely false. They can hold the suspicious items but they cannot hold you as a person and block your entry if you can establish your US citizen usually with your passport. This includes failing to disclose a password to your electronic device they can hold the device but they cannot hold you. If you are not a US citizen they can deny you entry for any reason at all even if you have a valid visa. My best suggestion for anyone who is concerned about electronic device searches is back up the device when you're outside the country, wipe it, Transit the border and let them do a search on a device that has nothing and then restore the device when you're on the other side. Because this whole charade about meeting to search an electronic device for electronic contraband is idiotic what I can simply send it through the internet ether around every access control.
- AnimalMuppet 2y ago
  >Because this whole charade about meeting to search an electronic device for electronic contraband is idiotic what I can simply send it through the internet ether around every access control. What you can't do is send it through the internet without them seeing it. They may not block it. They may not "confiscate" it. But they still get the intel from it. At least, I assume they do. I think most of us assume that.

I travel internationally a fair amount and so what I've read about this it gets into more of a murky area. A lawyer would probably provide the best advice because there is what is constitutionally allowed to happen in what really does happen and the ultimate question of how much money do you want to spend to defend your constitutional rights. https://www.eff.org/deeplinks/2023/05/federal-judge-makes-history-holding-border-searches-cell-phones-require-warrant https://www.eff.org/deeplinks/2023/05/federal-judge-makes-hi... The courts generally side with the people that open ended searches without any kind of suspicion are not constitutional. Of course that does not stop the government from doing it and waiting for the courts to rule in every specific scenario. Because we have a strange system where we have officials that are sworn to uphold the constitution but they're not required to seek clarity before implementing a policy that could violate it. They have no repercussions for violating it the first time. Which generally means that violated it thousands of times until they hit the one person with the money to challenge them. Also at the border US citizens are different than non US citizens in what their requirements are. For example a US citizen cannot be denied entry because they do not want to cooperate with a border investigation. The border patrol will tell you they can deny you entry but that is completely false. They can hold the suspicious items but they cannot hold you as a person and block your entry if you can establish your US citizen usually with your passport. This includes failing to disclose a password to your electronic device they can hold the device but they cannot hold you. If you are not a US citizen they can deny you entry for any reason at all even if you have a valid visa. My best suggestion for anyone who is concerned about electronic device searches is back up the device when you're outside the country, wipe it, Transit the border and let them do a search on a device that has nothing and then restore the device when you're on the other side. Because this whole charade about meeting to search an electronic device for electronic contraband is idiotic what I can simply send it through the internet ether around every access control.

AnimalMuppet 2y ago
>Because this whole charade about meeting to search an electronic device for electronic contraband is idiotic what I can simply send it through the internet ether around every access control. What you can't do is send it through the internet without them seeing it. They may not block it. They may not "confiscate" it. But they still get the intel from it. At least, I assume they do. I think most of us assume that.