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 Post subject: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 9:51 pm 
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any RM'ers willing to be put in a chokehold before giving up their phone?

Phone Searches Now Default Mode At The Border; More Searches Last Month Than In All Of 2015
by Tim Cushing
Tue, Mar 14th 2017
The Constitution -- which has always been malleable when national security interests are in play -- simply no longer applies at our nation's borders. Despite the Supreme Court's finding that cell phone searches require warrants, the DHS and CBP have interpreted this to mean it doesn't apply to searches of devices entering/leaving the country.

For the past 15 years, the government has won 9/10 constitutional-violation edge cases if they occurred within 100 miles of our borders -- a no man's land colloquially referred to as the "Constitution-free zone." But the pace of device searches has increased exponentially over the last couple of years. The "border exception" is no longer viewed as an "exception" -- something to be deployed only when customs officers had strong suspicions about a person or their devices. Now, it's the rule, as NBC News reports.

Data provided by the Department of Homeland Security shows that searches of cellphones by border agents has exploded, growing fivefold in just one year, from fewer than 5,000 in 2015 to nearly 25,000 in 2016.
According to DHS officials, 2017 will be a blockbuster year. Five-thousand devices were searched in February alone, more than in all of 2015.


Given the current state of immigration policy, this will get a whole lot worse before it gets better… if it ever does. Expanding government power is easy. Contracting it is almost impossible.

In practical terms, boots-on-the-ground travelers are being subjected to intrusive searches just because there's nothing effectual in the law to prevent it. Asserting your rights at the border is a non-starter. You simply don't have any. No one's going to be playing Twenty Quasi-Relevant Questions with travelers hoping to luck into consent. Officers and agents are seizing and searching devices by force.

A couple who had traveled to Canada twice in a period of three days were subjected to invasive device searches both time. The second time much more force was applied to ensure compliance.
Three days later, they returned from another trip to Canada and were stopped again by CBP.
"One of the officers calls out to me and says, 'Hey, give me your phone,'" recalled Shibly. "And I said, 'No, because I already went through this.'"
The officer asked a second time..
Within seconds, he was surrounded: one man held his legs, another squeezed his throat from behind. A third reached into his pocket, pulling out his phone. McCormick watched her boyfriend's face turn red as the officer's chokehold tightened.
Then they asked McCormick for her phone.
"I was not about to get tackled," she said. She handed it over.


The coercion doesn't have to be a chokehold. It can just be the fact that government agents stand between you and your home and aren't willing to let you get back to the part of the country where your rights still exist without you handing over PINs and passwords.

On February 9, Haisam Elsharkawi was stopped by security while trying to board his flight out of Los Angeles International Airport. He said that six Customs officers told him he was randomly selected. They demanded access to his phone and when he refused, Elsharkawi said they handcuffed him, locked him in the airport's lower level and asked questions including how he became a citizen. Elsharkawi thought he knew his rights and demanded access to legal counsel.
"They said if I need a lawyer, then I must be guilty of something," said Elsharkawi, and Egyptian-born Muslim and naturalized U.S. citizen. After four hours of questioning in detention, he unlocked his smartphone and, after a search, was eventually released. Elsharkawi said he intends to sue the Department of Homeland Security.


This is how certain government agents and agencies view constitutional rights: as luxuries only needed by people with something to hide. This mindset -- combined with Trump's "gloves off" approach to immigration enforcement -- helps explain the 5,000 device searches in the last 30 days. Device searches were always considered intrusive, despite the Constitution-free aspect of US borders. These were saved for criminal suspects and watchlisted travelers.

Now, it's everyone.

The only good news to come out of this is a potential change in applicable laws. Sen. Ron Wyden is introducing a bill to create a warrant requirement for device searches at the border. Unfortunately, it's being introduced into an ecosystem now streamlined to reject affirmations of existing rights. If it somehow makes it to the President's desk without being amended into uselessness, there's almost zero chance Donald Trump won't veto it. Given the current makeup of Congress, it's unlikely there's enough support for a bill that might give "bad hombres" more rights to override a veto.

link

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 10:36 pm 
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I'm white, so I'm pretty sure I'll be okay.

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lol


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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 10:36 pm 
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Call me naive but what are they looking for on people's phones?
Can they do this to visitors coming into the US?

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 10:40 pm 
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doone wrote:
Call me naive but what are they looking for on people's phones?
Can they do this to visitors coming into the US?


They gather all info on the phone, what sites you've surfed, who you're messaging, who you're contacts are etc.

And this is mostly being done on the incoming, but on the outgoing as well.

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 10:44 pm 
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doone wrote:
Call me naive but what are they looking for on people's phones?
Can they do this to visitors coming into the US?

making sure you're not texting isis


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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 10:49 pm 
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cutuphalfdead wrote:
doone wrote:
Call me naive but what are they looking for on people's phones?
Can they do this to visitors coming into the US?

making sure you're not texting isis


Muhammad wrote:
u up?

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Wed March 15, 2017 10:57 pm 
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What are they going to find with a TSA dipshit poking your phone for 2 minutes?

"Oh shit! I left the pdf with my terrorist plot at the top of my documents list!" :cry:

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Thu March 16, 2017 2:39 am 
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B wrote:
What are they going to find with a TSA dipshit poking your phone for 2 minutes?

"Oh shit! I left the pdf with my terrorist plot at the top of my documents list!" :cry:


TSA dipshit? Eh no, Homeland Security. If they want your phone, you get locked in a detention room at the border until you unlock your phone. Then it's taken from you and all the data is copied and analyzed.

DHS has published more than two dozen reports detailing its extensive technological capability to forensically extract data from mobile devices, regardless of password protection on most Apple and Android phones. The reports document its proven ability to access deleted call logs, videos, photos, and emails to name a few, in addition to the Twitter, Facebook, and Instagram apps

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Thu March 16, 2017 1:00 pm 
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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Tue March 21, 2017 12:43 am 
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Former NC police chief detained at JFK for 90 minutes

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Tue March 21, 2017 5:53 pm 
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So they mushroomed in 2016, before Trump. What a fucked up country.

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Mon May 08, 2017 9:02 pm 
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Border agents threatened to “be dicks,” take my phone if I didn’t unlock it

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Tue May 30, 2017 3:53 am 
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US government sued over 'suspicionless' device searches by customs officials

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Thu June 29, 2017 8:06 pm 
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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Fri December 22, 2017 10:01 pm 
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Privacy complaints mount over phone searches at US border since 2011

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 Post subject: Re: Your Rights at the Border (You don't have any btw)
PostPosted: Sun December 24, 2017 2:05 am 
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if it's any consolation, DHS can probably read all your shit when you are not at the border too

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