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The Legal Purgatory at the US Border: Detained, Searched, and Interrogated
An anonymous reader writes "America may be the land of the free, but upon arrival millions of visitors cross a legal purgatory at the U.S. border. It is an international legal phenomenon that is left much to the discretion of host countries. In some cases, this space between offers travelers far fewer rights than some of the least democratic and free countries on Earth. Limited access to legal counsel, unwarranted searches, and questionable rights to free speech to name a few. One of the more controversial — and yet still legally a contested grey area — are the rights travelers have in regards to electronics and device searches."
But first off, don't be stupid. Sanitize/Sterilize ALL of your data PRIOR to starting your trip.
They cannot find what you are not carrying.
this space between offers travelers far fewer rights
No.
Rights aren't offered, they're innate (or God-given, if you prefer) and can only be infringed. Until everybody is (again) well-educated enough to say, "this space is one where governments infringe rights with reckless abandon," then little progress will be made.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
TrueCrypt can help. Put your encrypted hard drives somewhere else in your luggage.
Very bad advice indeed. These things can be found in the luggage searches, and then they have clear signs of deception and can give you the special treatment.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
and don't visit countries that abuse visitors, unless you absolutely have to. Back when I was 15, I dreamt of moving to America, the land of opportunity and individual freedoms. By age 24-25, I no longer had the rose-tinted glasses. Now at 30 I am no longer even interested in coming for a visit.
Maybe you don't understand how truecrypt works?
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
I was going to meet a gf working in an art concervation lab in massachussets for the july 4th weekend in the mid-80's.
I took a bus from Toronto to Albany as I was a grad student and did not have a car as I could not afford such a beast.
The border guards held up the bus because I had a few textbooks on materials -- which I was reading on my long bus trip -- I was also taking a side trip to the GE R&D center in Schenectady to meed somebody who could help with my research in plastic fracture mechanics. I am Canadian born and have never been a member of a communist party -- needless to say was run thru the wringer. I made the mistake of admitting I was stopping over to meet a researcher at GE research facility wrt to my PhD research. OMG can you say ripped apart my luggage, all my materials and held up the bus which all other passengers thought I was a criminal. Thus bus was delayed by 1 hour because I admidted I was off to visit a researcher at GE HQ R&D in Schenectady NY. Well doughhh
20 years later learned to tell border guards I am going to visit car parts manufacturerers for sales calls.
Big difference. Back in 2000 the following happened:
My VP of the time was crossing 20-30 minutes after us and was bragging he was a VP of a Hydrogen fuel cell company. I told the border security we were selling auto parts to GM which was true -- my VP bragged he was selling Hydrogen Fuel Cells to GM and the detained him, ripped the car apart because all they heard was hydrogen and associasted with a hydrogen bomb -- morons -- needless to say they ripped his car apart.
Moral to the story is keep your info to a minimum and assume the people you are dealing with are morons as they are.
I happen to be an expert on the use of cryptography. I know in detail how TrueCrypt works and its design is a sure recipe for getting you into extremely hot water if your devices are searched at the border. It may also get you thrown in prison for a while, because you refuse to hand over the keys to your hidden partition (never mind that they cannot prove you have one and that you may actually not have one in the first place...).
And there is the thing that you "hid" storage devices in your luggage, which already makes you suspicious. Having TrueCrypt on them will just finish you off.
The only good advice to TrueCrypt users is to actually have a hidden partition and to immediately hand over the keys for it when asked at a border inspection. Anything else is is pure folly. http://xkcd.com/538/ applies without restriction.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
His point is that everybody knows truecrypt does hidden partitions so if you don't hand over the key for a hidden partition they are going to make your life hard - even if you don't have a hidden partition.
When information is power, privacy is freedom.
Really, this is old news. Just ask Jacob Appelbaum.
Far, far more frightening though is the possibility that you may find yourself shipped off to a foreign country (Syria say) to be tortured and imprisoned. What happened to Maher Arar (and others) is more than enough to make me avoid crossing the US border for any reason.
You may believe you're innocent, and that there's no reason why you would have problems, but so did he.
Three Squirrels
Indeed. Quite obvious. Thank you. This idea seems to be well beyond Zero__Kelvin however.
The problem is that not only can they not prove that you have a hidden partition, you cannot prove that you do _not_ have one. The design of hidden partitions in TrueCrypt prevents both very effectively. So if they just assume you have one, because "it is a standard feature of TrueCrypt as everybody knows", you are screwed, unless you can give them the key to that hidden partition. But if you did not give them the keys to both the normal and the hidden partition when they asked for your passwords, you are already screwed, because giving them the key for the hidden partition only when they specifically demand it has you already guilty of deception.
The concept of hidden partitions has some merit. It specifically keeps your adversary in the dark of whether there actually is something or not, but only if you are willing to withstand considerable pressure, including jail-time and torture. If you are not willing to do that, hidden partitions do more harm than good, because they create a false sense of security.
Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
Um, the GP knows about hidden partitions and plausible deniability. Here, I'll quote: "never mind that they cannot prove you have one and that you may actually not have one in the first place". The GP also knows that, yeah, usually some bored border agent will take one glance at your booting laptop and wave you through with a yawn.
The GP also knows that if, for whatever reason, you do get flagged for extra attention, and they then realise you've got encryption capable of plausible deniability, that they will not give one iota of a shit about your protestations that you don't use it.
It's not about how technology works, it's about how people work, and people tend to react badly when they think you're hiding something - regardless of whether you're actually doing so.
So, yeah, you may eventually leave the interrogation room after the maximum legally-allowed eight hours and fifty nine minutes later (depending on jurisdiction and assuming they haven't found some pretext to "indefinitely detain" you), having missed your flight, your luggage thoroughly ransacked, your every last piece of electronics down to and including the xbox controller confiscated, your name permanently engraved on their hassle lists, your house searched, your neighbours and employers queried and your every phone call tapped for the next two years, but hey, you sure showed them, right?
How quickly we forget 9/11.
How many hundreds of thousands of additional lives did subsequent US policy claim under the banner of never forgetting 9/11? Was it worth it?
If our government had been more vigilant in who crosses our border, it would have never happened.
This is simply hand waiving. You have no way of predicting what would have occured.
I could just as easily assert had CIA been more vigilant in not hiring asshats like OSBL in the first place 9/11 would have never happened.
One fact is not disputed by anyone. In the next 3 months as many people will have killed one another right here in the US as were killed on 9/11 and every 3 months like clockwork since.
How quickly we forget... oh wait I forget that nobody gives a fuck about that.
Border searches are one of the few powers I am happy to grant my overgrown, bloated, ineffective federal government. If you come to the U.S. with bad intentions, I hope they catch you.
Most likely cuz you don't travel or care about foreign visitors who must go thru extraordinary lengths to get visas and once here too often treated like shit at the border by assholes with badges as I have observed on at least three separate occasions. I feel ashamed of the way we treat our guests to say nothing of the billions in revenue lost each year by people deciding its not worth the trouble.
You're out of your mind. Rights exist only because and to the extent that people recognize them, particularly governments that are in a position to defend or deny them. There are no god given rights and if there were, you weren't offered any right to privacy according to any religion that I know of. As for their being innate, that can't be true. If the were innate, people would have had the same rights everywhere and throughout history. They manifestly have not and do not. Your rights depend on where you are and who you are with. Thinking otherwise is simply asking for trouble you can avoid by recognising the facts.
I've often thought about doing that, using plausible deniability, and making the password for the "safe" partition: GoFuckYourselfYouFascistPig . The first time they ask for the password I would answer "Go Fuck Yourself You Fascist Pig", and after that I would simply ask them if they had problems hearing me the first time. When I got to court and they tried to screw me for failing to reveal the password I could state all innocent like: ... but your honor. I told them! It's GoFuckYourselfYouFascistPig . ;-) Of course, that was back when we had due process :-( [not to mention it is obviously pure fantasy, and not something I would ever actually do ... but I sure wish someone would ]
You realize that under the Patriot act, you don't necessarily get to go to court. You piss them off all, particularly with something that can be considered antagonistic and hating of America in their eyes and you could have a very nice Carribean vacation at Gitmo.
Two things to keep in mind. Never joke about hijacking a plane at an airport and don't piss off the border guards. Doing either one can make what you used to consider your worst day ever not seem that bad after all.
Which is precisely the reason those Rights are spoken of as innate and inalienable. The only position one can take to force a government to defend a right is to argue its innateness because clearly ever other method is consistently infringed by government who would like nothing better to infringe them in pursuit of the politics of the day.
You should look into deism, then. It seems pretty clear that the human condition demands things like the right to speak, the right to travel, the right to privacy, and the right to justice system based on fairness--but a small list of things. Deism exemplifies the idea that a non-interfering God has left man to explore and expound upon the very things that are human rights and make up a person's humanity. The whole Age of Enlightenment very much was upon this discourse and spoke in terms of such things. Now, if you want to argue that Deism is a philosophical construct because it's not an organized religion, well, that's another matter.
And you confuse the idea that something that is innate cannot be infringed. Well, I innately can see, but I can be blinded. Is sight not innate? Because mail delivery didn't exist since the dawn of time, does access to mail delivery suddenly not become an innate right in a society where mail delivery can, is, and can be a common thing? If you think that because there are parts of the world, even today, which are so tyrannical or so impoverished to not the high standards expected of the enlightened that such things cannot be innate, then I'd argue you don't understand the concept of how a positive right can be innate. This is because the innateness of rights comes not from being inborn or being from the dawn of time. They stem naturally from the experience of man in seeing the world and understanding exactly the things that innately are without interference from a tyrannical government or corporation or such and hence are inherently rights.
And you think the trouble is chicken and egg. The trouble runs deeper. To argue something is innate and inalienable is to believe, at one level, that something cannot be infringed, broken, or removed. Yet is clear that the argument for innate and inalienability is precisely such that rights are recognized so they will not be infringed, broken, or removed. To frame the discussion as if your rights are all but that which are written down chains you not only to the very finiteness of past experience and imagination but chains you to alterations to the paper they are written on. It is why the 9th Amendment as written is so clear and dear: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The words "innate" and "inalienable" rights are a rallying cry that we do not step down the dark path we now tread. And trying to semantically dissecting the words only further dissects are freedom.
I think that's the reason for the rallying cry of "kill all the lawyers". In the end, though, it should have always been "kill all the legislators".
Eurohacker European paranoia, gun rights, and h
I've travelled all over the world and the following is the complete list of border security issues I've endured over the last 10 years:
1. Brisbane, Australia, 2003: They made me throw out a brick of cheese I'd purchased in New Zealand. They told me that, had it been in the original unopened factory packaging, they'd have let it through.
2. Penang, Malaysia, 2006: They had me open up my laptop and start it. The guard then picked it up, held it up high to look at the bottom, then lost his grip and dropped it. It bounced off the conveyor, and landed on, then cartwheeled down the flight of steps immediately behind the conveyor all the way down to the next floor. The guard looked absolutely horrified and practically fell down the steps himself going after it and bringing it back up to me, apologising profusely all the while, then waited while I made sure it still worked. I'm posting with that laptop now, BTW, which I still keep around for reading stuff online when I'm too lazy to get the good one out of my bag.
3. Beijing, China, 2010: Got read the riot act for having "smuggled" a cigarette lighter with me on a flight from Frankfurt. I told them, truthfully, that they saw it at the security checkpoint in Frankfurt and did not offer to take it away from me. The border guard in question accused me of lying. I responded, "Please go give them a call and ask them if they take away cigarette lighters from outbound passengers on international flights, because I am pretty sure they will tell you that they don't. I'll be happy to wait while you check." He came back about 5 minutes later and said, "You can go." He kept the lighter, though.
4. Newark International, USA, 2011: Had a half-metre ethernet cable confiscated as a potential weapon. Me: "Weapon? Huh?" Bitchy old TSA lady: "You could strangle somebody with that thing." Me: "That would have never occurred to me in a million years, until you suggested it just now. Well done." She started to say something after that, but her 2 colleagues both started chuckling, and she gave me a look that could have curdled vinegar. After about 10 seconds, one of the others said, "Maddy's having one of her good days--On your way, son", and off I went.
Il n'y a pas de Planet B.
Neither. It's because the US insists on these procedures for flights that will enter US airspace.
I was in Doha earlier this year, and I walked past the departure gate for a flight going to the US - looong line of people, shoes off, waiting for the full-scan etc. On my flight to the UK there was the walk-through metal detector and x-ray scan of my carry-on bag, but my shoes stayed on and nobody asked to pat me down.
Ho! Haha! Guard! Turn! Parry! Dodge! Spin! Ha! Thrust!
Nope. They can ask, but they have no legal authority without a warrant. People ARE challenging their inspection stops and refusing to cooperate.
-- Will program for bandwidth