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Returning from vacation? The government can search your phone without a warrant

411 points · 378 comments · rbanffy

  1. lbriner · · focus · HN ↗
    For me, it isn't the lack of warrant (I am a UK Citizen but I expect we have similar problems here), it is the lack of transparency and accountability.

    If was arrested on suspicion of something, I can get legal assistance and I can know what I am suspected of and why before any of my property (or in this case, potentially very private and sensitive information) could be taken. If the arrest is manifestly wrongful or not based on any evidence, then I expect it would be easy enough to resist investigation.

    On the other hand, having someone at the border who can justify an arbitrary search on the basis that "they might suspect of something", without having to clearly justify that basis and that if they then take property (or information), potentially copy it completely opaquely and then have zero accountability if that is misused is extremely frustrating but I guess you need to lobby your lawmakers to make the system fairer and to ensure legal protections of privileged information is completely upheld - period.

    1. eviks · · focus · HN ↗
      Warrant is a mechanism to address transparency and accountability (somewhat)
      1. snarf21 · · focus · HN ↗
        Exactly, a warrant is a transparent and accountable step in convincing a third party that this is probable cause.
    2. RunSet · · focus · HN ↗
      Possible solution: An app that dumps / restores the phone to a remote site, all e2ee.

      Wipe your phone and factory reset before you cross the border, then restore afterward.

      1. mettamage · · focus · HN ↗
        I did something like this, though not as an app. It was pretty cumbersome to do. Next time I'll just bring a travel phone.
        1. xethos · · focus · HN ↗
          This is actually exactly why I avoid this advice: wiping your phone, and setting it back up later, is a pain in the ass. Especially when you're meant to be on vacation, or exhausted from returning from one. And if it's a pain in the ass, it likely won't get done. The below isn't perfect, but minimizing legal things that CBP can make a case of doesn't have to be all-or-nothing

          At this point recommending the minimum that normal people will actually follow feels more effective: photos, main messaging app, and password database.

          Photos are backed up; normal people use Google photos, my partner and I use a NAS, but everyone should have a "Free up space" / "Delete photos that are backed-up from device" option. This makes it easy and gets you space for more vacation photos

          Main messaging app can be Telegram, Whatsapp, or (in my case) Element. Deleting it from your phone won't cost you your messaging history, but gets your most sensitive chats out of any potential spotlight

          I can handle a password database, but "Chrome saves my passwords" means signing out of Chrome is all normal people have to do

          1. eddieroger · · focus · HN ↗
            A password database seems like the exact thing I don't want on my phone in this case. Or at least only a vault with stuff I absolutely need and can't live without.
            1. xethos · · focus · HN ↗
              "I can handle" being more along the lines of "Most people use Chrome to sync passwords, I can find my own solution"

              I mention it because it's something I absolutely want in day-to-day use on my phone, and that I agree with it being one of the few things I'd make a point of not having with me when crossing the US border with

              Normal people can sign out of Chrome, I can set up a delayed email (with an encrypted database) before I leave, or put it on a uSD card in my checked baggage, or any number of low-effort but not-on-my-phone workarounds

      2. aqme28 · · focus · HN ↗
        I think with iOS you can do this pretty straightforwardly
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