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Second Circuit allows government to search electronic devices at the border

131 points · 79 comments · HotGarbage

  1. k310 · · focus · HN ↗
    Everyone please read Surveillance Self Defense from EFF [0]

    My advice, take a burner phone to the airport (and elsewhere?), and since devices are subject to warrantless search anywhere and everywhere, via exceptions to the fourth amendment [1] (the constitution seems designed to be bent or outright ignored), keep your data at home and encrypted. The "cloud" is a government data supermarket.

    For example.

    > While the Fourth Amendment is the foundation, federal and state laws can add layers of complexity. For example, the Patriot Act expanded the government's ability to conduct surveillance and searches, particularly in national security cases, sometimes with a lower burden of proof than traditional criminal investigations.

    MUCH lower.

    [0] <a href="https:&#x2F;&#x2F;ssd.eff.org&#x2F;" rel="nofollow">https:&#x2F;&#x2F;ssd.eff.org&#x2F;

    [1] <a href="https:&#x2F;&#x2F;uslawexplained.com&#x2F;warrantless_search" rel="nofollow">https:&#x2F;&#x2F;uslawexplained.com&#x2F;warrantless_search

    1. FuriouslyAdrift · · focus · HN ↗
      When I travel internationally, I do not take any electronics with me.

      If I need a cell phone, laptop, etc., then I will buy or rent something cheap at the destination.

      I got into the habit while traveling back and forth the mainland China as it was our corporate policy (and we never brought any electronics back, either).

      1. alyeska2 · · focus · HN ↗
        I tried that once.

        Then when I tried to log in to my Gmail account at my destination, it flagged it as a suspicious login attempt and wouldn&#x27;t let me in without entering a code they texted to my American phone number, which meant I was locked out of my email for the duration of the trip.

        Plus travel day realities often require your phone and accounts - plane tickets, Uber&#x2F;Lyft, hotel reservations or updates from Airbnb with check-in instructions, door codes, etc.

        It&#x27;s a tremendous challenge and hassle for any regular person. We really just need to push back on the government overreach. It&#x27;s tragic that half of the Trump voters proclaim to be &quot;small government&quot; and &quot;Don&#x27;t tread on me&quot; but then tolerate things like this. There&#x27;s certainly a bipartisan group of people opposed that are large enough to effect change if we work together.

        1. leptons · · focus · HN ↗
          &gt;It&#x27;s tragic that half of the Trump voters proclaim to be &quot;small government&quot; and &quot;Don&#x27;t tread on me&quot; but then tolerate things like this.

          Let&#x27;s be real. Those people don&#x27;t travel. They&#x27;ve never left the country, and most have likely never left their state, or even their hometown. I know a person like this - they refuse to fly on a plane to go anywhere because they are not allowed to bring their gun on the plane - they are a real &quot;don&#x27;t tread on me&quot; 2nd amendment&#x2F;NRA type. And they will never vote for anyone but a Republican no matter how bad things get.

          1. iamnothere · · focus · HN ↗
            You can bring a gun on the plane, you just need to have it in a locked case, and it can’t be a TSA lock. You also have to declare it and open the case for inspection when checking it.

            It may be hard to bring it overseas though.

            1. leptons · · focus · HN ↗
              That isn&#x27;t their deal. They want to bring their loaded gun on the plane with no restrictions, or they simply will not fly. Reason does not work with a person like this.
              1. iamnothere · · focus · HN ↗
                Well that’s unwise of them. I just wanted to clarify since some people don’t understand that you can fly with firearms. A lot of people who go to events like Defcon will pack a firearm as this prevents TSA from inspecting the bag without you present—at least that’s how it’s supposed to go, unless there’s a secret room where they have skilled lockpickers on standby.
                1. leptons · · focus · HN ↗
                  When have trump voters ever been wise?
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