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On what authority is cell phone use banned at Customs?

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On what authority is cell phone use banned at Customs?

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Old Jan 21, 2011, 4:30 pm
  #46  
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Originally Posted by polonius
Firstly, I have NEVER seen such a notice anywhere but the USA.
Does it really matter what other countries do? It does happen in American.

Your logic is the same as many enthocentric Americans who travel around the world and ask "Why don't y'all talk English?"
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Old Jan 21, 2011, 5:33 pm
  #47  
 
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Originally Posted by Sadgoat
If you can't manage to get from an aeroplane to the public arrivals area without having to continually yak on a phone I feel sorry for you...
With all due respect, you are being disingenuous.

Using a phone is not always continual, nor does one's desire to use one mean they are unable to go without using it.

Originally Posted by Sadgoat
Would you hire the person who walks into your office talking on a phone, chewing gum and treating your desk like it is their own personal space - Would they make a good ambassador for your company?
Uh, what does that have to do with the discussion at hand?
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Old Jan 21, 2011, 6:03 pm
  #48  
 
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Originally Posted by Sadgoat
when you walk up to my counter talking away on your cell phone then slap you passport down and ignore me =
If someone wants to use a cell phone, ask me, we have a waiting room, not everyone wishes to hear how Delta only served you one glass of champagne and that your contract is only worth a million dollars. =.

Curious mix of inflated self-importance and jealousy.

But it does confirm that its really not about safety, but about paying the required amount of reverence to government overlords.

fwiw I find cell yakkers annoying to, but your response did a good job of illustrating your mindset.
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Old Jan 21, 2011, 6:03 pm
  #49  
 
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Originally Posted by polonius
Firstly, I have NEVER seen such a notice anywhere but the USA. But, yes, I also would like to know under what authority these signs have been posted. I also doubt they would stand up to challenge -- seems blatantly unconstitutional to attempt to limit someone's speech like that.
You've never seen these? They are often huge.

Originally Posted by GUWonder
Are the parts of US airports used by ordinary passengers considered "Constitution-free" zones?
No, though there has been some debate over the years (at the state level) about how far airports can go to limit certain speech.

Originally Posted by yyzvoyageur
There have been cases where entertainers who were denied entry to Canada because of lengthy and violent criminal histories surreptitiously used their mobile phones to take photos of the officers who sent them home. In one recent case, the photo was posted to several fan websites in the form of a lightly veiled death threat.
Did this person get a visit from a a Mountie with Diefenbaker?

Originally Posted by FriendlySkies
According to a higher up with TSA, the checkpoints are "Constitution-free zones"..
And that higher up is an idiot. Indeed, I know of at least one TSO who was counseled for making such a claim.

Originally Posted by Superguy
Also, the US Constitution governs what the USG can do to a US citizen no matter where in the world they are. They can't suddenly search a US citizen in another country simply because they're outside the US.

SCOTUS has carved out some exceptions to the 4th amendment for border situations. However, the constitution still applies to citizens at that point.
1) The vast majority of the amendments to the Constitution actually prevent all people on US territory.

2) The rest is very true. Indeed, the Supreme Court has even limited how far a border search can go.

Originally Posted by ESpen36
3) to protect the identities and privacy of CBP personnel who conduct the inspections
They have no right to privacy in their capacity as police.

Originally Posted by ESpen36
4) to prevent passengers from communicating/colluding with potentially dishonest CBP personnel to smuggle goods or persons through the inspection procedures (I'm assuming CBP personnel are not permitted to have their devices with them while working the floor)
Your assumption is incorrect. I've seen CBP talking on their cell phones, texting and web surfing.
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Old Jan 21, 2011, 6:48 pm
  #50  
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Originally Posted by ESpen36
I think the answers are pretty clear. Cell phone (and similar device) usage at Federal Inspection Services facilities at ports of entry is not permitted:

2) to prevent passengers from recording sensitive or secure information about inspection procedures on their devices (or details such as the layout of the inspection facility, etc.) - anything that could be deemed a security risk or that could facilitate criminal activity
and to add to that - as I said in my earlier post, to prevent the use of devices recording other passenger's information which may be displayed on computer screens.

Having worked in immigration, one of the main reasons why people are asked to keep moving into baggage reclaim once they have passed the immigration check is that we dodn't want people turing around and being able to see the next passenger's information on the screen.

Clearly it's not very easy to do that (see the computer screen), but in some cases this might be possible.

So we ask you to move on.

It's nothing about 'power trips' or anything else. Although i suspect the poster continually purporting such is just kidding

Last edited by LHR/MEL/Europe FF; Jan 21, 2011 at 7:39 pm Reason: weally bad gwammar
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Old Jan 21, 2011, 7:00 pm
  #51  
 
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Originally Posted by bocastephen
It's OK, you can use the term 'rap artist'
Actually it was a baroque violinist if I remember correctly.

Originally Posted by bocastephen
I won't argue the rule about phone use in the customs hall, but I've heard examples from people where they were told *while onboard* the arriving aircraft they must not use their cell phone while onboard, while walking to customs, in the inspection hall - basically no phones until clearing inspection.

I would not hesitate to ignore such an order given on board or while walking TO the inspection hall in the US or Canada. While in another country, that's another story - depends on the country.
I agree with you on this point. I have no problem with mobile phone use while walking from the aeroplane to the inspection area, while waiting twenty minutes back in the queue at passport control or even while waiting at baggage reclaim. When actually interacting with an officer, however, put the darn phone down. Having said that, I'm really not much of a stickler on this matter unless it interferes with the inspection process or I believe there is a safety issue.

If the powers that be are finding that conspirators are increasingly using mobile phones to get away with their misdeeds, install mobile phone jammers.

Originally Posted by LHR/MEL/Europe FF
Having working in immigration, one of the main reasons why people are asked to keep moving into baggage reclaim once they have passed the immigration check is that we dodn't want people turing around and being able to see the next passenger's information on the screen.
That's an important point I wish more people understood. I've been cursed at several times for politely asking a shoulder surfer to move along while I process her friend or cousin or sister or random person she met on the aeroplane who she can't be apart from for more than thirty seconds. Kind of a John and Yoko thing?

Last edited by yyzvoyageur; Jan 21, 2011 at 7:12 pm
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Old Jan 21, 2011, 8:09 pm
  #52  
 
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Originally Posted by fly-yul
Many have posted good reasons why this policy should exist. But can anyone find a LEGAL basis for restricting the use of cell phones in such an area? That's what the OP asked about.
I'm curious as well.

Frankly I think most of the reasons given are simply why the posters thinks it might be a good ideal.

I think that people shouldn't drive purple cars because I find them ugly, but there is no legal basis why people should drive them.
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Old Jan 21, 2011, 9:17 pm
  #53  
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Originally Posted by jfulcher
I believe technically you aren't in the USA until you clear the process.
Like the Gitmo prison camps are beyond the jurisdiction of the US and of the Supreme Court of the US? That's not it either.

Originally Posted by GUWonder
Is a "rule" against such cell phone use explicitly noted as an administrative rule published in the Federal Register and memorialized in some CFR, or is it explicitly noted in some Congressionally-passed standing legislation signed by the POTUS?
Anyone have a link to the USC or CFR explicitly noting a cell phone ban in the immigration/customs processing areas?

Last edited by Kiwi Flyer; Jan 28, 2011 at 7:25 pm Reason: merge consecutive posts
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Old Jan 21, 2011, 9:21 pm
  #54  
 
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Originally Posted by Global_Hi_Flyer
I have. On a regular basis. There was a line of 75+ folks for the customs exit at DFW last week (and a much, much longer line for immigration) - there was no line, however, for those with Global Entry. I've also seen it at ATL, JFK, and at CVG (where they would stop processing to get a bunch of folks lined up, then walk the dog along the line before starting to process again).
There have been other occasions and airports (including JFK, CVG & MIA) where I've experienced absolutely no delay existing customs. YMMV.
Wow they do that ? I would be pissed of if i was waiting in line and they stopped processing only to increase the lenght of the line to a x amount of people. And i had to wait extra only for this reason.
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Old Jan 22, 2011, 4:16 am
  #55  
 
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Originally Posted by GUWonder
Anyone have a link to the USC or CFR explicitly noting a cell phone ban in the immigration/customs processing areas?
As I posted earlier yesterday, at that point, I had not yet found a statute or regulation explicitly banning use of cell phones in the inspection areas for ports of entry. I did in fact search the statutes and regulations last night and again, didn't find anything on point regarding the use of cell phones.

It may be a policy, but I don't believe its codified. And again, IANAL, but a paralegal. If a lawyer happens to know where the authority is, please, let us know.

To the OP, the authority may be a CBP policy. Perhaps the poster who claims to have worked at CBP as an Immigration Inspector/Officer could advise whether the ban is/was a policy/internal rule or based on a regulation.

Originally Posted by LessO2
Of course you don't recognize that behaviour. Look under your FlyerTalk handle there on the left. See that 'join date' thing? There was a time when somewhat civil conversations about travel safety and security happened, well before your join date. Sadly, the tone in which the OP asked his/her question is the norm around here now.
Okey-dokey. Thanks for the detailed directions to the join date, I guess. And I'm sorry about the changes you've noted. Obviously, I wouldn't notice; I lurked for 6 months, and then joined.

If you foresee this continuing to be a problem, you might want to consider....
A) Joining Global Entry
B) Plan your connecting flights to accommodate such situations.
I cannot foresee airline and government inefficiency as it's rather unpredictable, and frankly, I'm tired of planning even more time than I already do. Being told to plan accordingly sounds like blaming the customer again.

If I traveled more than once a year to Europe, Global Entry might be worthwhile, but I don't, and travel is bare bones until TSA court cases are decided anyway. And since I feel as if my ability to properly plan my international travel is questioned, I'd NEVER planned an international trip with less than 3 hours of a connection between the Europe leg and my domestic leg home. I preferred 4 hours since I could attempt to stand by for the final leg if I cleared quickly. How could one ever predict or foresee that one might be standing in the immigration line for 2.5 hours (March 2010) or 3 hours (September 2009)? I really have to plan for 4 to 6 hours to clear Immigration and customs when it's been two events out of 17 trips to Europe in 10 years? The best plan I have is never use CLT or US Airways again for international!

Your question, as you just stated, is a great example of how that question should be asked. Not the "on what authority" approach the OP took.
Well, I'm glad my version of the question didn't offend you. I will offer my viewpoint that I didn't see anything hostile or untoward in the OP's question. I will say that may be because as a paralegal, the question is quite common and one I hear many times a day, albeit in an insurance law context. "Is there any authority..." just sounds pretty normal to me. Obviously, you have a different take on it. Vive la différence.

In any case, back to the OP's question, as I posted earlier, I found no statute or regulation specifically banning the practice. I am left to guess it's an internal policy or rule, unless a lawyer or the poster who says he's worked at CBP, or someone else who was able to find the right combination of search terms for the CFR states otherwise.

Last edited by Kiwi Flyer; Jan 28, 2011 at 7:26 pm Reason: merge consecutive posts
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Old Jan 22, 2011, 6:44 am
  #56  
 
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Originally Posted by GUWonder
Anyone have a link to the USC or CFR explicitly noting a cell phone ban in the immigration/customs processing areas?
My understanding is that it's simply based on a GSA CFR section which requires compliance with all posted signs while in a federally controlled area. Don't have time to look it up right now.
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Old Jan 22, 2011, 7:01 am
  #57  
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Originally Posted by Deeg
My understanding is that it's simply based on a GSA CFR section which requires compliance with all posted signs while in a federally controlled area. Don't have time to look it up right now.
That wouldn't shock me, but that is an invitation for all sorts of government abuse of the people and would seem to excuse all sorts of nonsense and invite inconsistency (beyond that which is already the situation when it comes to DHS). For example, by such a "standard", if DHS clowns put up a sign telling passengers to drop trouser and get raped without complaint in the "federally controlled area", that's a sign that would then "require compliance" by US persons?
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Old Jan 22, 2011, 8:58 am
  #58  
 
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Originally Posted by Deeg
My understanding is that it's simply based on a GSA CFR section which requires compliance with all posted signs while in a federally controlled area. Don't have time to look it up right now.
Such a regulation can't possibly exist without some limitations on what the signs might be permitted to say. Do you think that it would be legal to post a sign saying "only purple shirts permitted in this area"?
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Old Jan 22, 2011, 1:34 pm
  #59  
 
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I think its partly to keep the lines going as I've been behind too many people in other places who are not paying attention because they have to be on their phone (unless is a dire emergency).

The stuff about smuggling and stuff, I can see why the phones need to be off. I have no issue with leaving my phone off until I've cleared customs/immigration. I remember at DTW when I was returning from London, and a customs office was constantly saying to people not to be on their mobile phones. I understand people want to tell their loved ones they've landed etc. but those calls can wait the few minutes til you've cleared customs.
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Old Jan 22, 2011, 1:47 pm
  #60  
 
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Originally Posted by MissRoseDarrensAngel
I think its partly to keep the lines going as I've been behind too many people in other places who are not paying attention because they have to be on their phone (unless is a dire emergency).

The stuff about smuggling and stuff, I can see why the phones need to be off. I have no issue with leaving my phone off until I've cleared customs/immigration. I remember at DTW when I was returning from London, and a customs office was constantly saying to people not to be on their mobile phones. I understand people want to tell their loved ones they've landed etc. but those calls can wait the few minutes til you've cleared customs.
Then the sign should say:

To keep the lines moving efficiently, please refrain from using your cell phones in this area.
However, the restriction is presented as a regulation or legal requirement. We just are curious as to what that may be.
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