bocastephen

There are easy ways to work around this:

1. Laptop password - everyone should have a dummy profile on their laptop that has a bunch of nonsense work related gibberish that no one will be interested in. When asked, just supply the username and password for that dummy profile - none of these inspectors will know the difference. Make sure your security settings (easy on a Mac) does not allow the other profiles to be visible or accessible from your Finder or Explorer.

2. Email password - two options - a blank Yahoo or Gmail account you use as a spam collector, and/or email software tied to your dummy profile created as above that collects email from a dummy account

Just because the law erroneously gives them the right to demand your passwords does not convey an obligation on you to offer up any useful or accurate data.

VelvetJones

This is an interesting case, and I'm not sure how the courts would rule. In one instance, CBP is asking for access to an object that is crossing the border. In the other, they're asking for access to something that likely resides outside of the United States. This is stretching an already tenuous claim of need. I'm sure the US would not be happy if other countries demanded the same access to US based accounts.

VelvetJones

This is dummy email account excellent advise. I have a GMail account I use solely for untrustworthy sites, as I know it will get spammed. How is CBP suppose to "prove" I have some other account. The secondary ID on a laptop could be a little tricky. They may demand that you provide the administrator password. But, you could always claim it is a work machine and you do not have that information. Many large companies to no give admin rights to company owned laptops/computers.

On a side note. My company released a revised travel policy last year. Employees were instructed to NEVER give a password over to ANY border patrol or government agent. The policy was crystal clear. Let them seize it and call the legal department. I'm not sure if this change was based on an incident or not.

zitsky

If you refused to give a password, could they detain you until you gave it to them?

exerda

That is a fairly standard corporate policy. We've had the same one in place as long as I've worked at my current job (11 years). If a border agent--even in the US--tries to seize your computing devices, give them up and contact Legal.

bocastephen

No they cannot - that would violate due process. You cannot be held indefinitely and not be charged with a crime and arraigned.

GUWonder

Depends on the country/countries involved, but U.S. CBP cannot detain forever.

Section 107

Rumors are there are (were) some people at Gitmo that would disagree with you....

bocastephen

Well we're talking about US citizens and residents, but yes I see your point and remember the govt had to create a nonsense legal interpretation to even pull off Guantanamo and keep the hostages outside the US to prevent a claim of due process.

Of course having said this, you want to use appropriate caution dealing with foreign governments, especially places like communist China or fascist Russia where you could be dragged outside and never heard from again.

By using blank/decoy profiles you can comply without a fuss while ensuring anyone looking at your information won't find anything of interest. If you do have something on your hard drive that you definitely don't want a forensic agent to find, make sure the disk is fully encrypted and plan to kiss the computer or phone goodbye should you be asked for the encryption key and refuse to give it up. Not sure if this would count as "stolen" under the terms of most home insurance policies

Often1

As a non-USN (or LPR), had OP failed to comply, he would likely simply be denied entry and been told not to return. No different than would likely occur in the same situation with the UK, Canada or Japan.

As a USN, you cannot be denied entry to the US. Period. You also cannot be held without being charged with something, other than for the reasonable period of time it takes to assure that you are a USN and what you are carrying is not contraband.

But, if you are asked for a PW and do not provide it, CBP can certainly hang onto the device and attempt to search it as it sees fit. Again, no different than the countries above.

Here, it appears as though CBP found something which made them suspicious of the passenger's intentions. He says it was an error, but that certainly doesn't mean CBP should not ask.

If you turn up and say that you are here for a beach vacation, yet have a travel itinerary showing 12 sales meetings, you might have some questions asked.

exerda

Remember, though, that the OP said e-mail password. Assuming that is what was indeed meant (and not, say, a laptop or device password), CBP would have nothing to "seize" and were trying to access information the OP wasn't even carrying with him--but which resides online.

Yes, CBP can seize a laptop, phone, etc. ... but would they have the right to do so when the OP refuses to give them access to his or her online e-mails? What about, say, Facebook or Twitter? "We'll take your computer unless you give us your Facebook password."

I don't believe the courts would agree that the CBP has a right to detain a US national or seize his or her property over refusal to grant access to information not physically present at the border crossing.

GUWonder

CBP can deny a foreign visitor entry to the U.S. if CBP believes the purpose or duration of the visitor's visit to the U.S. is not what is being said by the foreign visitor or otherwise is suspected to involve a border control violation whereby the facts are ascertainable via checking out the visitor's email account.

I would be rather denied access than support a government fishing expedition, but, as a US citizen at the US's own airports of entry, there isn't much they can legally do to me than slow me down and hold my belongings and possibly damage them.

N1120A

I find abhorrent any warrantless search or seizure