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

411 points · 378 comments · rbanffy

  1. TrackerFF · · focus · HN ↗
    Yeah, people are unfortunately not informed on just how much power border agents wield. Not only in the US, but in many (most I'd believe) other countries, too. I've worked on cases (intel side) where the law-enforcement side would just wait for the surveillance objects to cross the border, as that's where they could do most data collection with the least hassle.

    If for whatever reason you think you're being investigated or surveilled (who knows for what these days, could be enough to just associate with the various protest groups / orgs), you can just assume that the border will be where they'll try to clone / download your data (phones, laptops, whatever)

    1. jwr · · focus · HN ↗
      I'm lucky to live in a country (Poland) where border agents can either let you in, arrest you if there is an arrest warrant, or detain but only with a lawful basis for detention (as in, you are posing a threat to others) and detention may be used only when other measures have proved pointless or ineffective.

      This makes returning to the country nice and pleasant. The border agents never ask you creepy questions like: Where are you going? Where will you be staying? What do you intend to do? (it's what US border agents ask their citizens). They just say hi and let you in.

      1. MiroslavPokorny · · focus · HN ↗
        Its funny for a country obsessed with efficiency, the US border agents ask questions that are completely pointless and never verified and simply a waste of time.
        1. ndsipa_pomu · · focus · HN ↗
          The questions are more a means of judging whether you're nervous or behaving suspiciously. The actual answers are irrelevant unless they're especially bizarre.
          1. MiroslavPokorny · · focus · HN ↗
            Might as well go back to judging a person on the shape of their skull or tea leaves.
            1. ndsipa_pomu · · focus · HN ↗
              Not really as those aren't situational. If you start asking someone ordinary questions and they appear especially nervous then it's probably that they have something to hide and combined with other things (e.g. big heavy coat in hot weather) might tip off the security people.
              1. MiroslavPokorny · · focus · HN ↗
                Many people are nervous because they have poor local language skills.

                Nerves are not a measure of someone's guilt of anything. Life is a bit more complicated than that. Im sure we are aware of many world leaders who lie quite confidently and your trap would never catch them.

                1. ndsipa_pomu · · focus · HN ↗
                  I agree - it's not a perfect test, but it is easy to implement and costs nothing extra. I suppose it's more likely to catch those people who have been coerced into carrying something illicit rather than experienced smugglers who do it all the time.

                  It's not used to establish guilt, but to establish whether the person is worth further examination, so false positives (e.g. due to language difficulties) would just lead to either further interviewing or searching.

                  There's not really any good reason to not do it as the questions are not overly intrusive.

                  1. MiroslavPokorny · · focus · HN ↗
                    Your statement it costs nothing is completely untrue.

                    Firstly the staff would need training to effectively ask the right questions and interpret the responses.

                    Asking the public questions cost time. If you have two lines and one does the required checks and the other also asks questions and conversations happen, the later will be slower.

                    Slower lines means more staff are required.

                    1. ndsipa_pomu · · focus · HN ↗
                      It doesn't seem to me as though it would require a huge amount of extra training - they're just ordinary questions about where someone is going and the reason for the trip.

                      The questions are usually asked at the same time as passport checks are performed so I doubt it takes much longer at all.

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