Originally Posted by
k374
In my view, as I understand the law, the US has the sovereign right to allow/disallow items - physical or virtual that exist on that specific device that I am importing. This should mean that they cannot access my email or social media as that information is contained in the cloud. I'm thinking this could be legally challenged. I am not importing my gmail into the US, they don't have a right to connect to an external service on the cloud and download that information. They can only inspect and/or seize information that is resident on that device... am I right here?
Interesting question. They are allowed to turn on phones and look through them, so if your phone is connected to the internet and hitting the Facebook or messenger buttons brings up all your FB chat, they would see that. I'm not sure that's forbidden.
Again, I think when CBP asks for a computer or phone password, American citizens should say no. They can threaten to seize willy nilly, but they need reasonable suspicion to seize, at least in the 9th Circuit, and the threat to seize is often a bluff.
If a cop asks to search your house for no reason, I'd also recommend saying no, notwithstanding that he will threaten to come back with a warrant and ten men and tear the place apart, etc.
Don't be duped into consenting to otherwise unlawful searches by silly threats.