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Device Security: How Border Searches Are Really Used

onehitwonder writes "Newly released documents reveal how the government uses border crossings to seize and examine travelers' electronic devices instead of obtaining a search warrant to take them, according to The New York Times' Susan Stellin. The documents reveal what had been a mostly secretive process that allows the government to create a travel alert for a person (regardless of whether they're a suspect in an investigation), then detain that individual at a border crossing and confiscate or copy any electronic devices that person is carrying. The documents come courtesy of David House, a fund-raiser for the legal defense of Chelsea Manning, formerly known as Pfc. Bradley Manning." A post at the ACLU blog (besides being free of NYT paywall headaches) gives more details, and provides handy links the documents themselves.

35 of 223 comments (clear)

  1. Any different than those other governments? by bogaboga · · Score: 2

    The documents reveal what had been a mostly secretive process that allows the government to create a travel alert for a person (regardless of whether they're a suspect in an investigation), then detain that individual at a border crossing and confiscate or copy any electronic devices that person is carrying.

    Can some fella convince me that the government here, is any different as compared to those other governments?

    Ohh wait, those governments are not democratic but ours is...

    1. Re:Any different than those other governments? by Charliemopps · · Score: 5, Insightful

      Ohh wait, those governments are not democratic but ours is...

      No it's not. If you're only allowed to vote for 1 of 2 people that mostly agree on everything, your vote doesn't really count. If you're voting democrat or republican YOU are the problem.

    2. Re:Any different than those other governments? by Anonymous Coward · · Score: 4, Insightful

      For one thing, you are free to post on slashdot about it without serious concern that you'll be dragged away to a secret prison. Yes, there *are* government abuses in the land of the free, but realistically, they're pretty rare. It is the freedom that exists that allows you to hear about them in the first place, and to have that discussion.

      And yes, we are a democracy, but like all large organizations, the ship of state turns slowly. We do screw up, spectacularly (Dred Scott, Volstead act, etc), but on the whole, these things do get corrected. It just takes decades, not the minutes or hours that modern society working on "internet time" seems to want.

      It has been 50 years since the famous march on Washington. While there is still a ways to go, if you look at what has changed since then, it is dramatic: in the 60s, DC was still segregated: African Americans riding the train south had to get off in Baltimore and move to the "colored cars" at the back. There were riots and conniptions in the 70s & 80s about integrating schools. When was the last time you heard about people firebombing school buses in the US?

      Yes, all of this stuff about the NSA is disturbing, and it should be. But realistically, the mere fact that we are discussing it here is a good thing, and for all the grandstanding in Congress, there will be changes. They'll be slow; there will be bodies of dead pioneers along the sides of the paths of progress; but change will happen.

      And here's your chance to poke at your representatives. Ask them (or tell them) how unhappy you are. Granted, your comment will likely just wind up as a checkmark on a tally sheet prepared by an underpaid congressional intern, but the existence of those tally marks does have an effect in the long run. Politicians aren't totally stupid and beholden to their funding sources. You start seeing 90% of the tally marks in the column for change, and you start thinking.. there's not enough money in the world to buy ads to support the 10% column, I'd better start thinking about it.

    3. Re:Any different than those other governments? by TheGratefulNet · · Score: 4, Insightful

      voters are not the problem. the system, being rigged to ONLY allow D or R to get in, is the problem.

      people like you keep perpetuating the myth that american voting system matters at the national level. it does not. stop being stupid, ok? the sooner we remove this myth, the sooner we can get on with fixing THE SYSTEM.

      voters are not the main problem. we'll always have idiots who vote against their own best interests, but the last few cycles, D or R would not have mattered one bit when it comes to privacy and removing PATRIOT (etc).

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Any different than those other governments? by gstoddart · · Score: 5, Insightful

      For one thing, you are free to post on slashdot about it without serious concern that you'll be dragged away to a secret prison.

      The problem with everything you say is it can be countered with "for now".

      As your government gives itself more and more power to intrude on your lives, ignore your Constitution, or use one set of laws to skirt around another the abuses magnify.

      Yes, all of this stuff about the NSA is disturbing, and it should be. But realistically, the mere fact that we are discussing it here is a good thing

      So, you can say to yourself now "well, they haven't taken this away yet" and convince yourself everything is OK. But in a few years if they've taken that and even more away from you, it's too late.

      Complacently thinking everything is fine when it's increasingly not just means that by the time you've got nothing left there's not a damned thing you can do about it.

      Slowly expanding the scope of these things over time means you should be worried, because eventually that 100 mile 'border' zone can cover your entire country, and searching your digital devices or scanning through all of your information can be used for everything they feel like.

      Nobody plans on ending up in a police state, but if you don't stop the steady march while you can, it's all too easy to wake up one day and realize just how badly screwed you are. Joseph McCarthy demonstrated how easily things can change.

      "All that is necessary for the triumph of evil is that good men do nothing. --Edmund Burke"

      --
      Lost at C:>. Found at C.
    5. Re:Any different than those other governments? by Anonymous Coward · · Score: 2, Informative

      You might want to check history of passports as an hint that crossing borders has not always been so traumatic, even when borders were as well established as now (ref to Europe before WWI)

    6. Re:Any different than those other governments? by gstoddart · · Score: 4, Insightful

      Slippery slope is an argument people resort to when they lack a real argument.

      Fine, but one day when you can be detained anywhere based on arbitrary things, ask yourself if your willingness to pretend that nothing is happening was the problem.

      It's a fact that they've been steadily cutting into Constitutionally protected things, and that it's getting worse. Just ask anybody in a state where these 'border' stops covers the whole state.

      If you want to act like it isn't getting worse and isn't likely to continue to do so, then you haven't been paying attention.

      Dismissing the argument on the basis that it's a slippery slope and therefore invalid is the height of willful ignorance.

      --
      Lost at C:>. Found at C.
    7. Re:Any different than those other governments? by Kielistic · · Score: 2

      A distinct, established and visible trend is slightly different than slippery slope. And although the slippery slope argument is a logical fallacy so is disregarding things because someone made a logical fallacy.

      Basically "just because it's a slippery slope doesn't mean it's not a downward spiral".

  2. Re:Just upload your encrypted data online by Rob+the+Bold · · Score: 5, Insightful

    This isn't exactly shocking news.

    To save them and you the inconvenience of physically handing it over, I guess?

    --
    I am not a crackpot.
  3. Re:Just upload your encrypted data online by Lincolnshire+Poacher · · Score: 5, Informative

    This isn't exactly shocking news.

    Oh, I disagree! The USG has established 100-mile 'non-Constitution' zones around the national borders. Due process and security of personal information is suspended.

    How is that not shocking?

  4. What's the point by sl4shd0rk · · Score: 5, Insightful

    Only reasons I see to examine everyone's electronic devices are:

    A) keep privatized prison populations growing
    B) revenue from confiscated electronics
    C) revenue from war on drugs

    I guess that's believable

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    1. Re:What's the point by Zocalo · · Score: 5, Insightful

      D) Install the NSA's secret backdoors.

      In the light of recent developments, if I were to get any of my devices searched at the border of a country (any country) and it wasn't confiscated outright, my default stance now is to treat the device as compromised until I can nuke it from orbit, do a complete re-install of the OS and reload any data from backups.

      --
      UNIX? They're not even circumcised! Savages!
    2. Re:What's the point by SuricouRaven · · Score: 5, Insightful

      Installing backdoors would be too easily detected, eventually. But if I were running a secretive national spy agency, I'd have the border patrol grab any certificate files, credentials or VPN keys as a matter of routine to go into the big database. Never know when they might come in handy.

      If anyone objects, claim it's to fight terrorism or child porn.

    3. Re:What's the point by dkleinsc · · Score: 2

      D) Harass anyone the government doesn't like, e.g. reporters who have written stuff critical of US war efforts.
      E) Find out privileged secrets by illegally searching attorneys representing defendants on high-profile cases, e.g. Chelsea Manning's counsel.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  5. Re:Is that against the law? by Impy+the+Impiuos+Imp · · Score: 2

    Not if they abuse it to target and gain access to things they couldn't legally inside the country. It seems to be coming to a head here -- here are documents showing exactly this -- the illegal motivation.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  6. Re:Just upload your encrypted data online by rfolkker · · Score: 4, Interesting

    It's not shocking, considering the current disregard for personal privacy currently administered by the government. It may be shocking if you take out the fact that many people are already aware of the fact that we have lost the war on privacy, and now are just going through the dance pretending that it's something we can win.

    The US government has had a taste of knowing everything, and now thinks that it is our best interest to suspend/revoke/rewrite privacy laws because they just hinder investigations. Nevermind the fact that the rights of citizens should come first by our own principals.

    Either way, shocking or not, this has been going on for over 10 years now, and will only get more invasive as new ways are revealed, and we become more complacent to the methods already used.

    Even though there are those of us that disagree with this, and fight it as much as we can, it will not change the fact that the general population already has the mentality of "If you have nothing to hide...", and the government continues to keep it's mis-fires localized and on the "fringe", people will continue to give up their rights until we reach that ever lovable point of no return (which I honestly believe we have already passed).

  7. Re:Just upload your encrypted data online by ArcadeMan · · Score: 2

    I didn't know all email and FTP servers were located in the USA.

  8. Re:Just upload your encrypted data online by N0Man74 · · Score: 5, Insightful

    This isn't exactly shocking news.

    Oh, I disagree! The USG has established 100-mile 'non-Constitution' zones around the national borders. Due process and security of personal information is suspended.

    How is that not shocking?

    Yeah, but many of this have been fully aware of this for some time... Shocking news would be if the general public and mainstream media gave a fuck.

  9. Let's see what the constitution says about this... by jcr · · Score: 4, Informative

    The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    I keep looking for an exception for the government's imaginary 100-mile no-constitution zone, and it's just not in there. What the customs service is doing is a crime.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
  10. You got it backwards by davidwr · · Score: 2

    So instead of giving it to the border patrol, you tell them to get there own copy from the NSA.

    There, fixed that for you.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re: You got it backwards by Anonymous Coward · · Score: 2, Informative

      So instead of giving it to the border patrol, you tell them to get *their* own copy from the NSA.

      There, fixed that for you.

    2. Re:You got it backwards by oPless · · Score: 2

      So instead of giving it to the border patrol, you tell them to get their own copy from the NSA.

      There, fixed that for you.

  11. Re:Chelsea? by mrbester · · Score: 2

    *Her* name (and gender) is whatever the fuck *she* wants to call *herself* and be referred to as. That some "official" document says otherwise is irrelevant.

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  12. Re:Let's see what the constitution says about this by compro01 · · Score: 2

    The exception is an exceedingly narrow definition of what constitutes "unreasonable".

    --
    upon the advice of my lawyer, i have no sig at this time
  13. hey, look over there! new iphones. by noh8rz10 · · Score: 3, Insightful

    horrifying news about civil rights, but obama shouldn't sweat it because new iphones are being announced in an hour so everybody's attention will swing to that.

    1. Re:hey, look over there! new iphones. by ArcadeMan · · Score: 2

      New iPhone with a fingerprint scanner, wink-wink. Know what I mean?

    2. Re:hey, look over there! new iphones. by Rob+the+Bold · · Score: 5, Insightful

      When are you guys gonna elect some libertarian guy who at least stops your evil forgein policies?

      I'm afraid we need more than a wink and promise from a presidential candidate, but rather real checks and balances restored. Depending on the good character of the guy that gets elected not exceed his authority seems unreliable.

      --
      I am not a crackpot.
  14. Re:time to impeach by Anonymous Coward · · Score: 5, Insightful

    ... So anybody who cares about their civil rights, regardless of political persuasion (liberal, conservative, republican), needs to support and donate to republican candidates...

    The solution to the problem of an overreaching Democrat president is not, nor ever will be, to elect Republicans. The only peaceful solution is to never elect a Dem or Repub again.

  15. Re:Just upload your encrypted data online by It+doesn't+come+easy · · Score: 3, Interesting

    Definitely shocking, and likely unconstitutional. According to the ACLU, about 197 million (or nearly 2/3rds) of the US population live within 100 miles of the US border. It is highly unlikely that the newly proclaimed 100 mile wide "constitution free zone" would hold up in court if it essentially permanently suspends constitutionally guaranteed rights to 2/3rds of the population. Not even the US Government can get away with that (at least, not yet).

    --
    The NSA: The only part of the US government that actually listens.
  16. Re:Just upload your encrypted data online by dbIII · · Score: 5, Insightful

    Access to offshore routers (eg. East side of the Pacific ones owned by Telstra) has been confirmed as well. All your traffic is 0wned by the US.

  17. Re:Chelsea? by dbIII · · Score: 3, Insightful

    every silly whim of this traitor

    The "treason" charge didn't seem to happen and Manning was certainly never convicted of that. Oliver North didn't get charged for treason for selling weapons to a terrorist group that had killed over a hundred US Marines only a year prior, selling them via a declared enemy of the USA no less. Manning doesn't even show up on the scale.

  18. Re:Chelsea? by gsslay · · Score: 3, Insightful

    Did someone remove the right to decide your own name too? They're falling so thick and fast now, I may have missed it.

    You have the right to decide whatever name you want to be called by. I have the right to form an opinion of you based on that name. If I really hate your name, I may choose not to use it, but that won't stop it being your name. That's as far as our respective rights go.

    Gender identification is a bit more involved. But declaring it a "silly whim" just shows you know nothing about it.

  19. Re:Just upload your encrypted data online by Em+Adespoton · · Score: 5, Insightful

    I guess you missed the part about it being encrypted?

    I doubt it; did you miss the recent news regarding the NSA?

    People are still trying to figure out if TrueCrypt is compromised.

  20. Re:time to impeach by mrchaotica · · Score: 5, Insightful

    Have you noticed the deafening silence from the Republicans (including even Tea Partiers) who were crowing about impeaching Obama over Obamacare? You should think about why they choose to clam up now that they have an actual legitimate reason to want him impeached.

    The answer, of course, is that the Republicans are just as complicit in the totalitarianism as the Democrats are.

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  21. Re:Just upload your encrypted data online by Em+Adespoton · · Score: 5, Informative

    Why use TrueCrypt instead of mainstream encryption with a long key length?
    https://www.schneier.com/blog/archives/2013/09/the_nsas_crypto_1.html

    If you're really paranoid (no offense), you can encrypt with every known algorithm in series. Then only one of them has to actually work.

    I'll take the last one first; although it's counter-intuitive, encrypting with every known algorithm doesn't actually increase security all that much. One of the main reasons is that as long as the algorithms used are known, an analyst can use the predilections of the various algorithms against the series, actually decreasing the number of possible outcomes. Of course, to do this the attacker would actually have to have some level of cryptanalysis training, but we're talking NSA here. They'll identify and use these tricks if they think it's worthwhile.

    As for the first, one of the things that TrueCrypt (which is pretty bog standard mainstream encryption, and it uses only known and tested algorithms -- it's the implementation we're questioning here) provides that baked-in solutions usually don't, is plausible deniability. TrueCrypt allows you to encrypt data into the slack space of an already encrypted archive, thus allowing you not only to have two sets of data depending on the passphrase used, but to easily overwrite one set by modifying the other.

    This means that if you're forced to give up your password at, say, the border, you can give the original password; they'll decrypt the archive, and if any data inside the encrypted image is modified, byebye secondary encrypted dataset. This means that you can protect not only against forced release of data, but also against modification (which can also be done with a hash check, but any fiddling will lose access to the original data).

    Of course, anyone suspecting such a setup may write something to the inner archive to wipe your outer archive if it exists, just to prevent you from moving that data in the first place, but that's about as far as they can go.

    If, for example, Miranda had been transporting a truecrypt archive on his thumb drive, had memorized the password to the Snowden files (or not even been given it) and then had a scrap of paper with the password to his more benign data on him, the confiscated USB drive would have shown absolutely nothing. IF he ever got the drive back with the data intact, he'd still have all the Snowden data (providing the password came through some other channel -- which wouldn't be difficult).