ralfp

If someone is under a legal obligation not to reveal something on their laptop (say a court order) and they have the laptop locked down, what happens when a Customs officer demands the password?

PTravel

You might find this post interesting:

http://www.flyertalk.com/forum/3245500-post1.html

I was prepared to say, "Fine, I'll stay in Canada then, call my firm and have them file for a writ of mandamus directed to you, personally."

mre5765

So I was responding to:

So if the lap top is rendered unbootable, and the data is on hidden encrypted SD cards, then if a CBP officer demands the password, give it to him, and if he can make a laptop bootable with just a password, he has skilz and is in the wrong business.

If the CBP finds the encrypted SD cards, use something that has hidden partitions. Tell CBP you are using keys, not passwords, and the keys are on the laptop that is broken.

But as for the legal question you raise, I strongly suspect the CBP believes it is above a non-U.S. judge's court order, and almost as strongly suspect that it thinks it is above a U.S. judge's court order for anything that is being brought into the USA. So if under a court order, what I would do is use PGP email, secure FTP, or an https (s is for secure, as in SSL or TLS) upload to transfer the data before I got on the plane. That way if the CBP confiscates the laptop, the data can still be delivered to the court. In addition, if the court order specifically compels someone to bring the laptop, then that someone should have a third party encrypt the contents, and arrange to have the third party refuse to reveal the password until that someone safely reaches the USA, well outside the 200 mile or so region the CBP claims jurisdiction. Show the CBP the court order if it decides to confiscate the laptop.

If the judge's court room is within 200 miles of the border, then there will be a stand off between the sheriff's deputy and the CBP. Who has the better weapons?

Roy2CDG

I wonder what will happen if some tech company invents a device that can read what's store in your brain cells. There will probabaly have to some new laws to prevent this from happening?

Come to think of it, does the CBP have the right to use lie detectors?

mre5765

The FBI believes it has that right, as precondition to allowing citizens (naturalized and natural born) back into the USA. Don't travel while Muslim (or in this case, list in your passport application an emergency contact convicted of terrorist acts).

PhlyingRPh

You are right. I am such an amateur at times.

Roy2CDG

those two were eventually allowed to return to the US after 5 or 6 month stuck in Pakistan:

http://www.aclunc.org/issues/governm...urn_home.shtml

thegeneral

"Where do you draw the line? If someone asked me what kind of car I drove and if I owned a gun I would think they are out to do me harm.

Just because they are a Government official we should just acquiesce to all their demands."

Yes and it's a Buick. Oh the pain. It's unbearable. How could someone deal with answering such questions. How dare they ask questions of you that they can verify to help prove your identity. The next thing you know they might ask you where you flew, where you visited and how long you've been out of the country.

mre5765

Asking questions of a personal nature crosses the line:

- is your navel pierced? Show me.

- who did you meet with?

- what's the name of your customer?

I'll see if these questions are truly for determining identity; as a green card holder I now have to submit to finger print scan and iris scan. So for I am 1 for 1 with no stupid questions being asked.

ND Sol

But yet, you hide behind complete anonymity on this board without even disclosing your location much less your programs.

jello2594

There's a button on a post you wish you quote labelled "Quote." You should use that.

Rambuster

So what car do you drive ?

ND Sol

As a number of other FlyerTalkers can personally attest to, I drive a Porsche. And you? Now do you think that thegeneral will provide us with where he lives?

Trollkiller

I am asking you, where do you draw the line?

Asking if you own a weapon is none of their business and does nothing to determine if you are a citizen returning to your own country. I noticed you skipped that question.

Here are a few questions for you.

Do you own a weapon?
Where do you keep it?
What kind is it?
Are you proficient with it?

What is your address?
How often do you take trips?
When are you planning to leave on your next trip?

Do you own a TV?
What kind?
Where is it located?

Are there any other people that live in your house?
Do you have a dog?
If yes, what kind of dog?

Trollkiller

Do not look at the man behind the curtain.