DHS Policy Confirms You Must Surrender Your Password

Discussion in 'Too Hot for Swamp Gas' started by G8trGr8t, Jan 12, 2018 at 10:58 PM.

  1. G8trGr8t
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    G8trGr8t Premium Member

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    Anywhere within 100 miles of the border DHS can demand that you surrender your electronic device and the password. Kind of crazy and over the top imo. Puts most every inch of Florida under their arbitrary search and seizure.

    viewfromthewing.boardingarea.com/2018/01/11/us-now-says-can-keep-devices-border-wont-give-password/

    The US Department of Homeland Security released a new policy on border searches of electronic devices along with a privacy impact assessment.

    Courts have generally found a ‘border exception’ to the fourth amendment (including even 100 miles from a border) that allows the government to search and seize most anything it wishes without particularized suspicion.

    Existing policy however didn’t deal specifically with password protected and encrypted information, even though Customs and Border Patrol would detain people unless they turned over access to information on their devices.

    Now the US has formally adopted a policy that says, “travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents.”

    The government says it can retain your password, examine your information, and even keep your laptop, cell phone, storage devices, etc. if they can’t fully inspect what’s on it.
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  2. GatorFanCF
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    Bosco?
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  3. oragator1
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    oragator1 Premium Member

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    Hey, gotta stop the illegals. If it means all of us giving up basic privacy protections we take for granted as a cornerstone of our democracy, why not? Jose is evil.
  4. G8trGr8t
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    G8trGr8t Premium Member

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    has nothing to do with illegals and you know it
  5. BLING
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    BLING GC Legend

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    [​IMG]
  6. gator_lawyer
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    This is very misleading. The "border exception" is narrower than you're claiming.
  7. G8trGr8t
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    DHS has the authority to confiscate, copy, and search and electronic devices within 100 miles of the border. That is the DHS guidance just issued by them.

    https://www.dhs.gov/publication/border-searches-electronic-devices
    DHS/CBP/PIA-008 – Border Searches of Electronic Devices
    The U.S. Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) is publishing an updated Privacy Impact Assessment (PIA) to provide notice and a privacy risk assessment of the CBP policy and procedures for conducting searches of electronic devices pursuant to its border search authority. CBP is conducting this PIA update to describe recent changes to, and the reissuance of, CBP’s policy directive governing border searches of electronic devices, CBP Directive No. 3340-049A, Border Searches of Electronic Devices (January 2018). CBP is conducting a privacy risk assessment of this updated policy as applied to any device that may contain information in an electronic or digital form, such as computers, tablets, disks, drives, tapes, mobile phones and other communication devices, cameras, and music and other media players. Noting the evolution of the operating environment since the 2009 Directive was issued, along with advances in technology and other continuing developments, CBP reviewed and updated its Directive January 2018 which supersedes the August 20, 2009 directive.

    https://www.dhs.gov/sites/default/f...40-049A_Border-Search-of-Electronic-Media.pdf

    Older article here
    https://www.zerohedge.com/news/2016...n-confiscate-any-device-along-border-without-





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  8. gator_lawyer
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    DHS guidance doesn't overrule the Fourth Amendment.
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  9. gatorpika
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    gatorpika Premium Member

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    The SCOTUS already ruled on the fourth amendment issue. They can search your car too at inland border checkpoints. Went through one in Arizona and had to stop, but no search. Not sure whether there would be an exception for someone randomly arrested at a mall or something that have never been across the border and asked to unlock his phone. As far as I know the "jury is still out" on the fifth amendment issue against self incrimination.

    https://www.technobuffalo.com/2017/03/21/fifth-amendment-password-protection/
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  10. gator_lawyer
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    There wouldn't be, which is why I called your post misleading. There has to be some connection to the border. See, e.g., https://supreme.justia.com/cases/federal/us/413/266/
  11. gatorpika
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  12. Spurffelbow833
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    Spurffelbow833 GC Hall of Fame

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    They'll do whatever they want to do. The frog died fifty degrees ago.

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