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I should clarify to say that the policy does mention encryption; but whether your device is encrypted is unlikely to determine whether or not it is seized.

Specifically:

(2) Assistance by Other Federal Agencies or Entities.

(a) Translation and Decryption. Officers may encounter information in documents or electronic devices that is in a foreign language and/or encrypted. To assist CBP in determining the meaning of such information, CBP may seek translation and/or decryption assistance from other Federal agencies or entities. Officers may seek such assistance absent individualized suspicion. Requests for translation and decryption assistance shall be documented.

(b) Subject Matter Assistance. Officers may encounter information in documents or electronic devices that is not in a foreign language or encrypted, but that nevertheless requires referral to subject matter experts to determine whether the information is relevant to the laws enforced and administered by CBP. With supervisory approval, officers may create and transmit a copy of information to an agency or entity for the purpose of obtaining subject matter assistance when they have reasonable suspicion of activities in violation of the laws enforced by CBP. Requests for subject matter assistance shall be documented.

Actually, reading the actual policy is probably not a bad idea for those so outraged with it (or frightened of it). Keep the longstanding border search exception in mind when reading the policy, and try to imagine how it might be in the realm of possibility that it might be reasonable to also apply the border search exception, repeatedly upheld by the Supreme Court, to data inside electronic devices as well.

I should clarify to say that the policy does mention encryption; but whether your device is encrypted is unlikely to determine whether or not it is seized.

Specifically:

(2) Assistance by Other Federal Agencies or Entities.

(a) Translation and Decryption. Officers may encounter information in documents or electronic devices that is in a foreign language and/or encrypted. To assist CBP in determining the meaning of such information, CBP may seek translation and/or decryption assistance from other Federal agencies or entities. Officers may seek such assistance absent individualized suspicion. Requests for translation and decryption assistance shall be documented.

(b) Subject Matter Assistance. Officers may encounter information in documents or electronic devices that is not in a foreign language or encrypted, but that nevertheless requires referral to subject matter experts to determine whether the information is relevant to the laws enforced and administered by CBP. With supervisory approval, officers may create and transmit a copy of information to an agency or entity for the purpose of obtaining subject matter assistance when they have reasonable suspicion of activities in violation of the laws enforced by CBP. Requests for subject matter assistance shall be documented.

Actually, reading the actual policy is probably not a bad idea for those so outraged with it (or frightened of it). Keep the longstanding border search exception in mind when reading the policy, and try to imagine how it might be in the realm of possibility that it might be reasonable to also apply the border search exception, repeatedly upheld by the Supreme Court, to data inside electronic devices as well.

Memorize this document.

And you're completely wrong about the Fourth Amendment, by the way. It doesn't apply to customs searches at the border. Read up.

Also, "travelers may be stopped [and searched] at . . . the border without individualized suspicion even if the stop [or search] is based largely on ethnicity[.]" United States v. Montoya de Hernandez, 473 U.S. 531, 538 (1985), United States v. Martinez-Fuerte, 428 U.S. 543, 562-563 (1976)

Additionally, CBP may conduct searches of the traveler's body -- including strip, body cavity, involuntary x-ray, and in some jurisdictions, patdown searches -- if the Customs officer has reasonable suspicion to do so. United States v. Flores-Montano, 541 U.S. 149, 152-53 (2004); United States v. Johnson, 991 F.2d 1287, 1291-92 (7th Cir. 1993).

He then handed us a pamphlet detailing the border regulations

Was it the same as this file from the cbp?
Changes in sea and land travel documentation requirements
Though that document claims effective January 21, 2008 - so it may even be an inconsistency within the DHS. (a government agency inconsistency? who's ever heard of such a thing?)

last time I came through, I had gone up to Montreal to see Radiohead, sometime in July

I was in Toronto in mid-late July, and came back through Niagara Falls. I had my passport, and was asked for it specifically. I honestly didn't even ask if there was any other way. Though that document does seem to indicate that you could get through with a driver's license and a birth certificate, which is how it used to be (sometimes just one or the other would do back in the good old days).

the pamphlet ... didn't say anything about a passport being required

Maybe it was a different pamphlet, then. This one does list a passport as being one option. It is one of very few documents you can use on its own to get through - most other documents listed require something else (with the enhanced driver's license being a notable exception).

At any rate, it sounds like we both cross often from NY to Canada. I prefer not to take too many chance with US CBP - and I see the new license as a win in my situation, since I could use that and not worry about my passport. Of course, YMMV.

And why does it have to be contactless for ANY of the proposed applications? .

It seems safe to assume that your do not live upstate.

The NEXUSborder ID card costs $50 and is acceptable at only about sixteen border crossings nation-wide. NEXUS

I don't get it. I actually DO live upstate... Not everyone here drives to Canada often enough to justify the $50.

Besides, what does the nexus card have to do with anything? How does RFID make the nexus card better. Since you have to stop to use the card, wouldn't it have been CHEAPER, just as EASY and WAY MORE secure to use a barcode or a magstripe system?

It seems safe to assume that your do not live upstate.

The NEXUSborder ID card costs $50 and is acceptable at only about sixteen border crossings nation-wide. NEXUS

Bringing controlled substances into the USA without a license is a felony.

There's a difference between US residents and nonresidents. You may want to have a look at what the CBP has to say about the subject.

http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/prohibited_restricted.xml

(scroll down to "medication")

As a prospective entrant to the US, your rights are at quite a low ebb. "CBP officers may, unfortunately, inconvenience law-abiding citizens...we rely heavily on the patience, understanding, and cooperation of the traveler."

As the article states and the TSA has noted on their blog, the searches and confiscations are being conducted by U.S. Customs and Border Protection, not the Transportation Security Administration.

(Not that that makes it right, but it helps to identify the correct culprit when complaining to the powers that be or even when just spreading the story.)

The real question is, if it isnt sanctioned by law, what process can foreign visitors follow to complain? Who is the ombudsman?

I have this odd feeling that there isnt one. The CBP certainly do not list the procedures, nor is it easily found using their search or site maps. For all I know it may be there, but i sure am not running across the list of regulations concerning search and seizure of foreign visitors.

If it is sanctioned by law, well if you dont like it do not visit. Many area already thinking this way in the nebulous "rest of the world", although i almost want to thank the US for creating a HUGE influx of conferences being hosted in canada that used to be hosted in the US. Tim hortons alone is grinning ear to ear on that one.

Yeah, it can be read for 20ft away. So spend $5 and buy a better cover/case for it so you don't have to worry about it.

The U.S. passport rfid is supposedly designed so that the antenna won't broadcast when the cover is closed, and even when it does broadcast it's for a much smaller range. (as in inches)

I'm not defending this and saying it's perfect. I'm simply saying people should figure out what they're griping about so I don't have to read pages of complaints about the wrong dang thing.

Uh, yah. Try going to a number of so-called 'free' countries in Europe, like say, Germany. Or France. Or Great Britain.
You think they don't collect information about you, your purpose in visiting, your destination, etc, for future reference?
No, I don't think they don't, I know they don't. I regularly visit countries all over Europe and most of the border guards barely glance at my passport as I walk past. Entering the US, on the other hand, requires photos, fingerprints, a visa, and a (usually short) interview.

Yes, head out to Saudi Arabia and have fun being shut out of 1/2 the country, because it's Muslim-only
You're assuming the OP isn't Muslim :) Anyway, care to provide a link regarding the "Muslim only" areas? Certainly the practise of other religons is prohibited over most of the country but that's hardly the same as restricting the movement of non-Muslims (indeed a large percentage of their population is non-Muslim according to wikipedia). I've travelled to many Muslim countries and never had any issues going wherever I wanted (as an Atheist) simply by showing the proper respect and adhering to their local customs.

Prepare to have any items they deem non-acceptable confiscated at the border.

Wow, customs controls. How unusual.

Send us a postcard from Indonesia, where they'll kidnap you because you're white, and possibly have money to pay for a ransom.

Went to Indonesia, wasn't kidnapped. So it certainly isn't as commonplace as being fingerprinted in the US, which happens to me every time I go there. Anyway, you're comparing crime with government policy here - hardly apples & apples. There are plenty of US cities with high crime rates, and I'm sure many neighbourhoods where I'd be targetted due to my skin colour and perceived wealth.

Yah, thank you for showing us how ill-informed you are, you sanctimonious bag of shit.

No, thank you!

Just to try to clarify some things:

    http://www.cbp.gov/xp/cgov/newsroom/highlights/cbp_responds/facts_automated_targeting_sys.xml

While the ATS was started in the 90s, reading between the lines it appears it was originally much smaller in scope and has been expanded a lot since then, especially once DHS was created. I also don't think it ever specifically came up in any bills when it was established. The only references I can find in THOMAS are from 2002 and 2005. Much like Total Information Awareness, I don't think this is something that's usually put in a bill but is rather the prerogative of the administration to create programs in various bureaucracies.

Q: Who Is Eligible to Use the VWP?
A: To qualify for the VWP, you must:

* Intend to enter the United States for 90 days or less;
* Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
* Be a national of the VWP country that issued your passport;
* Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
* Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

1. You are a resident of an adjacent island,
2. This requirement is waived by the Attorney General under regulations, or
3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;

* Present to the U.S. Customs and Border Protection (CBP) officer a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. (Please see "How Do I Get an Arrival Departure Document?" for more information about arrival/departure records.);

* Not pose a safety threat to the United States;
* Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;
* If arriving by air or sea, you must arrive aboard a carrier that signed an agreement, "signatory carrier", guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable;
* Convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA 212 (a);
* Waive any right to review or appeal a CBP officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
* Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Overview of the Visa Waiver Program (VWP)

Duh, we'll just have to pass a bill through congress that implements a carbon tax in China and India only!

Where do I sign up for one of those cushy political advisor jobs?Start in the US customs department.

Close bwd,

19 U.S.C. 1467 and 19 C.F.R. 162.6, are the laws that give Customs and Border Protection the power to do border searches. Those laws were upheld as constitutional by The Supreme Court for the reason you said. Control your borders is an inherent right of every sovereign country.

http://www.cbp.gov/xp/cgov/travel/admissability/

Illegal where? You have to declare to respective Customs if you are in possession of "monetary instruments" > $10,000 USD or > 80,000 Shekels - but it certainly isn't illegal, and certainly not *very* illegal. http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/mo ney.xml - US Customs http://www.mof.gov.il/customs/eng/mainpage.htm - Israeli Customs

However, most EU citizens on short trips to the US don't need visas, they travel on what's called the visa waiver program. That requires you to fill in a short form essentially stating you're a "normal person" and you get a stamp at immigration and in you go.

Nowadays, in addition to the short form they take fingerprints and a photo. This is part of the US-VISIT program.

The short form, I-94W, is a constant source of amusement for travelers to the US. It contains classics such as: "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or [...] ?" and "Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or [...] ?".

Can't we get back on track for fighting crime and terrorism or something? Right now, this is a waste of time and money. Tell the MPAA to keep trying, and when they can actually identify shipments of what might actually have a chance of being bootleg dvds, come back and we'll take a look at it.

The funny thing is, they are spending money training dogs to combat crime, the crime of commercial bootleging... or at least that's my guess. I see alot of anti MPAA and RIAA posts here but like it or not... it's the job of Customs to protect a given country from harm, whether it be biological as in the case of food and animals, or ecconimical as is the case of counterfeit Beanie Babies. The fact of the matter is there are a ton of overseas companies who's business it is to make bootleg DVDs and ship them anywhere.

Like it or not, checking for bootleg dvds is pretty much within their mandate. You may think it's nutty... and you may think their money would be better spent on other things, but the truth of the matter is unlike piracy we are talking about a physical product, one which not only infringes on someone's copyright, but the existance of which causes tangible ecconomic harm esp in cases where the bootleg is sold as the "real deal".

I know there is a form for non-immigrant foreign nationals who visit the United States, but U.S. citizens have all the documentation they need: their passports.

Not entirely correct. You need to fill out a customs form:

http://www.cbp.gov/xp/cgov/travel/vacation/sample_ declaration_form.xml

On this form, you're supposed to list all items purchased abroad, which you are bringing back into the US.

Non-US citizens, who are not permanent-residents need declare everything that they're bringing into the country that is intended to remain in the country.

If you were flying a foreign airline then that airline may have wanted you to fill out a form, but you can hardly blame the government for that.

I was flying with Lufthansa, but when the surly customs agent requests the customs form declaring what you're bringing back, and also such things as "have you been in contact with livestock", it most certainly is the governments fault.

When I was flying back from Europe, I had to fill out a form with who I was, and my home address, and an emergency contact (if I so wished).

Ooookay...I go to www.google.com...enter a few search terms...press enter...presto!

Elapsed time, 20 seconds.

To quote from the opening paragraph of the link:

Washington, D.C.-- U.S. Customs and Border Protection (CBP) Commissioner Robert C. Bonner today hailed the Supreme Court ruling upholding CBP officers and agents authority to disassemble and thereby search a vehicle's gas tank for terrorist weapons, drugs, and other contraband, without the need to obtain a warrant or probable cause.

I guess you've never had to fill out a U.S. Customs and Border Protection Declaration Form 6059B. Item 4 asks for "U.S. Street Address (hotel name/destination)." Either that or the customs official didn't bother to ask for details.

I understand that you could easily fabricate some information that they would accept, but I try to avoid lying--I'm not very good at it.

"There's no such thing as the Border Patrol any more. It got rolled into HomeSec a long time ago."

Once again you are being a pedantic dick, Twirp. There was a name change for the umbrella agency to Customs and Border Protection, thats what bureaucracies do, change acronyms when they can't think of anything worthwhile to do.

But the people that patrol the border within that agency still call THEMSELVES the Border Patrol. Here is their web site.

You can admit you are wrong now, though I know you find that psychologicly impossible to do.

"You just can't stop yourself, can you? You make me sick."

Well now you know how the rest of feel when we read your stupid little rants.

If you're a US citizen (or probably just being a US resident is enough), go to the airport's customs office and fill out a Certificate of Registration. You write in your laptop's model number and serial number, the customs officer signs it, and you now how official record that you had the laptop when you left the US. If you get questioned about it when you come back, just show them the form. At least that's how it's supposed to work--I've never been questioned about my laptop, so I've never had to show the certificate.