Anybody crossing the border. The justification is that the government's constitutional right to control imports overrides the 4th amendment right to privacy.
“The border-search exception is grounded in the recognized right of the sovereign to control, subject to substantive limitations imposed by the Constitution, who and what may enter the country.” Id. at 620. Because “[t]he Government’s interest in preventing the entry of unwanted persons and effects is at its zenith at the international border,” United States v. Flores-Montano, 541 U.S. 149, 152 (2004), “searches made at the border, pursuant to the long-standing right of the sovereign to protect itself by stopping and examining persons and property crossing into this country, are reasonable simply by virtue of the fact that they occur at the border,” Ramsey, 431 U.S. at 616.
So the argument is basically that Americans already consent to allowing customs to search anything and everything that they are physically bringing across the border, whether a US citizen or not, and now that is also affirmed to include the digital contents of electronic devices.
Immigration Officers, without a warrant, may "within a reasonable distance from any external boundary of the United States...board and search for non-citizens in any vessel within the territorial waters of the United States and any railcar, aircraft, conveyance, or vehicle. 8 CFR 287 (a)(1) defines reasonable distance as 100 air miles from the border.
Nearly two-thirds of the U.S. population, over 213 million people, reside within the region that CBP considers falling within the 100-mile border zone, according to the 2020 census. Most of the 10 largest cities in the U.S., such as New York City, Los Angeles, and Chicago, fall in this region. Some states, like Florida, lie entirely within this border band so their entire populations are impacted.
“Today’s decision leaves Americans’ most sensitive information open to search at the border without any suspicion at all,”
I think this is just an extension of a general we, as government officials protecting American freedoms, can do what we want and will justify it later if we have to policy.
It should probably be noted that this specific case led to a conviction of an actual crime (Bank fraud and money laundering).
It probably depends how pissed off you made the officer at the border if he just wants to thumb through some recent text messages and photos to see if you're doing Crimes or if they're gonna go take it to the Cellebrite UFED in the backroom and dump it out.
In other words... whom (or what) was perceived to have pissed in the CBP officer's Wheaties this morning? We'll never know what grudges he holds to make his decision.
This is a blatant and direct violation of the Fourth Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
My understanding is that SCOTUS has held since the 50s that 'the people' means people inside the country, and a border does not count as being granted entry into the country yet, therefore the Constitution doesn't really apply, especially for non-citizens.
(c) Although a lawfully resident alien may not captiously be deprived of his constitutional rights to due process, the alien in this case is an entrant alien or "assimilated to that status" for constitutional purposes.
And another gem from the same case that is recently all the more relevant:
Nothing in the Constitution requires admission or sufferance of aliens hostile to our scheme of government.
Meaning they can seize all your stuff and deport you if you criticize the government. Also, immigration lawyers are part of the Executive branch.
This effectively means border patrol can do whatever they want in areas that do not involve a border crossing and involve citizens just living their normal lives
Isn't it telling that if your immediate thought is to subvert said LAW? That doesn't seem to be serving the people then does it, but the state. The state is supposed to serve its people
I assume journalists would already do this actually maybe they don't?
There dosent appear to be any import/export controls on the current internet is there?
If they say import export control gives them the right to search citizens maybe they should be aware of this giant gapping hole that the internet created 30+ years ago?
Since removing a nation-state rootkit is not structurally possible, how is this any different from requiring the device to be forfeited? If all search == seizure and destruction, does that change the legal basis?
Doing a bit of research, this applies to what’s considered a “manual search” as in a CBP agent spending time manually looking at your phone. It does not appear to allow (or speak to?) plugging your phone into forensic tools for a deeper inspection.
Not great, but I think that’s what’s being specifically adjudicated here.
They still cannot deny an US citizen entry if you decline to unlock your phone, though they may confiscate your device. I don’t know if they would then be allowed to do deeper forensics without a warrant.
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.
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).
My thoughts exactly, when traveling abroad and specifically to the Devided States of America, use a burner phone and play stupid! Too bad when no one else can reach accept for ICE (In Case of Emergency) contacts but keep your phone clean from any private thoughts or discussions or (a)social media postings! If you do not you are going to burn yourself!
This whole Orange Clown era is scary AF. The Second Circuit has failed the people of the Devided States of America. The Frack that i'll be visiting the States any time soon. Hell No!
The article is not that clear in one way. Does this only apply to non-US Citizens ?
Anybody crossing the border. The justification is that the government's constitutional right to control imports overrides the 4th amendment right to privacy.
https://ww3.ca2.uscourts.gov/decisions/OPN/24-960_complete_o...
So the argument is basically that Americans already consent to allowing customs to search anything and everything that they are physically bringing across the border, whether a US citizen or not, and now that is also affirmed to include the digital contents of electronic devices.
Worse though, is that the definition of border is hella loose. CBP can be many MANY miles away from an actual border and do this.
100 miles to be clear. So many major cities are free reign. Entire counties.
https://www.aclu.org/know-your-rights/border-zone
from https://www.help.cbp.gov/s/article/Article-1253?language=en_...
from https://www.aclu.org/know-your-rights/border-zone
Near the top of the article:
“Today’s decision leaves Americans’ most sensitive information open to search at the border without any suspicion at all,”
I think this is just an extension of a general we, as government officials protecting American freedoms, can do what we want and will justify it later if we have to policy.
It should probably be noted that this specific case led to a conviction of an actual crime (Bank fraud and money laundering).
East Germany built a wall to keep their citizens "free" of "fascist elements"...
You understand that no one actually believed that lie. It was built to stop people from running to west Germany.
Is it a visual search, or do they make a copy of all your data?
It probably depends how pissed off you made the officer at the border if he just wants to thumb through some recent text messages and photos to see if you're doing Crimes or if they're gonna go take it to the Cellebrite UFED in the backroom and dump it out.
In other words... whom (or what) was perceived to have pissed in the CBP officer's Wheaties this morning? We'll never know what grudges he holds to make his decision.
This case is about a “visual search” as in CBP agent going through your photos. Not forensic tools copying / analyzing all the data
This is a blatant and direct violation of the Fourth Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
This has not been true since 1977 at the very least, but Fourth Amendment exception at the border has been around for longer than even that.
My understanding is that SCOTUS has held since the 50s that 'the people' means people inside the country, and a border does not count as being granted entry into the country yet, therefore the Constitution doesn't really apply, especially for non-citizens.
https://supreme.justia.com/cases/federal/us/345/206/
And another gem from the same case that is recently all the more relevant:
Meaning they can seize all your stuff and deport you if you criticize the government. Also, immigration lawyers are part of the Executive branch.
I thought this was already allowed and the norm for many years?
You are right. What most people don’t understand however is that “the border” extends for 100 miles
https://www.aclu.org/know-your-rights/border-zone
This effectively means border patrol can do whatever they want in areas that do not involve a border crossing and involve citizens just living their normal lives
That concerns more than 220 million people in the USA, who can be arbitrarily stopped in the street and searched.
Be afraid...
So store your data in a secure location and only access it with devices if your a journalist?
Isn't it telling that if your immediate thought is to subvert said LAW? That doesn't seem to be serving the people then does it, but the state. The state is supposed to serve its people
I assume journalists would already do this actually maybe they don't?
There dosent appear to be any import/export controls on the current internet is there?
If they say import export control gives them the right to search citizens maybe they should be aware of this giant gapping hole that the internet created 30+ years ago?
Since removing a nation-state rootkit is not structurally possible, how is this any different from requiring the device to be forfeited? If all search == seizure and destruction, does that change the legal basis?
Doing a bit of research, this applies to what’s considered a “manual search” as in a CBP agent spending time manually looking at your phone. It does not appear to allow (or speak to?) plugging your phone into forensic tools for a deeper inspection.
Not great, but I think that’s what’s being specifically adjudicated here.
They still cannot deny an US citizen entry if you decline to unlock your phone, though they may confiscate your device. I don’t know if they would then be allowed to do deeper forensics without a warrant.
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.
MUCH lower.
[0] https://ssd.eff.org/
[1] https://uslawexplained.com/warrantless_search
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).
has anybody ever challenged the PATRIOT Act on compliance with the 4th Amendment?
Not that it really matters, with the current Supreme Court being what it is, but still...
My thoughts exactly, when traveling abroad and specifically to the Devided States of America, use a burner phone and play stupid! Too bad when no one else can reach accept for ICE (In Case of Emergency) contacts but keep your phone clean from any private thoughts or discussions or (a)social media postings! If you do not you are going to burn yourself!
This whole Orange Clown era is scary AF. The Second Circuit has failed the people of the Devided States of America. The Frack that i'll be visiting the States any time soon. Hell No!
And in response, every other country will start ejecting US citizens after rummaging though their meaningless online critiques of the glorious leader.
People did not think this policy through fully. =3