Abusive electronics searches at the border
 

Not that I approve of all hacking activity (esp. not "black-hat" variety), but it seems that CPB is intercepting & copying laptop hard drives at the border, apparently in response to other federal agencies that can't get warrants for legitimate searches:

It's my understanding (IANAL) that before formally entering the US (i.e. before passing *through* customs) that you have no rights. After all, you aren't in the US yet...

Now days folks who are concerned about their data, for whatever reason, can keep it "in the cloud" and access it via internet and wipe it from their hard drives before crossing borders. Google "cloud data backup" for lots of references. Sure, there can be security issues there, also, but it's generally out of the reach of customs.

I've heard of some companies *requiring* their employees who carry laptops to wipe their disks and carry no copies of information.

Kevin

Bitlocker and/or PGP. Screw 'em.

FYI

http://www.cbp.gov/linkhandler/cgov/.../elec_mbsa.pdf

http://www.cbp.gov/xp/cgov/travel/ad...op_inspect.xml

This is so wrong...downright evil. Welcome to the USSR.

I only travel with a disposable 150$ netbook, solid state 16g drive and its always wiped virgin. whatever i need while im travelling i can access remotely on my home network and if there's a document i must carry, its encrypted, stegged and hidden in my phones micro sd card.
hehehehe i really do have nothing to hide which makes them look even closer lmao

That's an overstatement. The Supreme Court has held that even the guys locked up in Guantanamo Bay (not in the US) have rights.

Welcome to the USSA. Please submit all documents physical and electronic for copy and search.

The next booth is for searches of your person and property.

Then you will give a testament of your travels with explanation for your activities. Pray we do not deem them "unamerican."




I've only traveled internationally once in the last year but when I did my laptop drive was fully encrypted with a long, random key the only copy of which I gave to a trusted person who was instructed to call with it the evening after passing through customs.

Recall that there are regulations against "interfering" with the screening process. One could then (and the government undoubtedly will at some point) interpret refusing to decrypt your computer for them as "interfering." So, if you want to avoid breaking federal regulations I would suggest not just encrypting your device but literally being unable to decrypt it at customs.

If you want to use your laptop in route then create a separate partition. One encrypted to a key you don't have and the other a fresh install of things you don't mind having searched.

Whatever you do, remember to always be vigilant in the United Soviets States of America. Uncle Sam is watching and listening to your phone calls and reading your emails and tracking your cellphone and car all without warrants and that's just what they admit to....

Those of us who spent half our lives in the Cold War where we were told over and over that we had to FIGHT to keep the commies from taking our freedom just are crazy how after the USSR collapsed, our fellow Americans are doing the job they were supposedly bent on. Which means the trillions spent on intimidating Russia and China were totally wasted.

Thank you truecrypt, hardware biometrics, and 10+ character alpha-numeric non-english mispelled passwords, with multiple duress passwords.

Not that it matters with the TSA BS going on right now.

The courts are going to review your agency's [ab]use of the border search exception for searches of laptops and is going to put severe restrictions on it and the next 5 years. (Ari's prediction).

Abuse means looking at computers not because a Customs violation is suspected, but because Uncle Sam wants a look see for other reasons. Our government appears to be using this exception as a way around the warrant requirement.

Could you just ship it back and pick it up at FedEx or UPS?

This is actually not that good of an idea. The fifth amendment would protect you from being forced to disclose the key, but it would not protect your friend -- the protection is only against SELF incrimination, so your friend COULD be compelled to reveal the key.

Where does a "friend" come into this?

What if the "friend" was a foreign citizen living outside the USA?