Yah, lots of interesting things here. I agree, seems like it’s long past the point where this needs to get sorted out.
I think in legal cases with a warrant and so on, the police make a forensic image of the device, and will not just try to unlock it like happend here. They entered the code here without a safe image, b/c there was no court case, no warrant, just the border search.
Here’s what the EFF has to say about border searches. They agree with us, it’s past time to get a solid legal framework. They talk about the 4A border search exception a little.
Mostly I’ve heard that they can take your device, but they can’t stop a US citizen from entering the country, and they can’t compel a pw from you. However, for most ppl, that’s already a LOT of duress, b/c losing a phone with your whole life on it, is a huge blow.
Edit to add: Perhaps not: DHS has returned his devices, probably because they did’t want this to go to court, probably because they know their legal position is weak.
Interesting. Thanks for the link! I didn’t hear about that one before.
Seizing a journalist’s phones provides the government access to private sources and years of protected newsgathering. Allowing political pressure to determine whose protected electronic devices the government may search would pose a profound threat to the free press and the Constitution.
Yah, lots of interesting things here. I agree, seems like it’s long past the point where this needs to get sorted out.
I think in legal cases with a warrant and so on, the police make a forensic image of the device, and will not just try to unlock it like happend here. They entered the code here without a safe image, b/c there was no court case, no warrant, just the border search.
Here’s what the EFF has to say about border searches. They agree with us, it’s past time to get a solid legal framework. They talk about the 4A border search exception a little.
Mostly I’ve heard that they can take your device, but they can’t stop a US citizen from entering the country, and they can’t compel a pw from you. However, for most ppl, that’s already a LOT of duress, b/c losing a phone with your whole life on it, is a huge blow.
Perhaps the suit over Max Blumenthal’s recent experience will set some precedence. ADC sues DHS Secretary Mullin over illegal CBP seizure of Max Blumenthal’s devices
Edit to add: Perhaps not: DHS has returned his devices, probably because they did’t want this to go to court, probably because they know their legal position is weak.
Interesting. Thanks for the link! I didn’t hear about that one before.
Indeed.