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US-Born NASA Scientist Detained At The Border Until He Unlocked His Phone (theverge.com)
Sidd Bikkannavar works at NASA's Jet Propulsion Laboratory. After racing solar-powered cars in Chile, he had trouble returning to America.
mspohr quote The Verge:
Bikkannavar says he was detained by U.S. Customs and Border Patrol and pressured to give the Customs and Border Protection agents his phone and access PIN. Since the phone was issued by NASA, it may have contained sensitive material that wasn't supposed to be shared. Bikkannavar's phone was returned to him after it was searched by CBP, but he doesn't know exactly what information officials might have taken from the device...
The officer also presented Bikkannavar with a document titled "Inspection of Electronic Devices" and explained that CBP had authority to search his phone. Bikkannavar did not want to hand over the device, because it was given to him by JPL and is technically NASA property. He even showed the officer the JPL barcode on the back of phone. Nonetheless, CBP asked for the phone and the access PIN. "I was cautiously telling him I wasn't allowed to give it out, because I didn't want to seem like I was not cooperating," says Bikkannavar. "I told him I'm not really allowed to give the passcode; I have to protect access. But he insisted they had the authority to search it."
While border agents have the right to search devices, The Verge reports that travelers aren't legally required to unlock their phones, "although agents can detain them for significant periods of time if they do not." They also report that Bikkannavar "was not allowed to leave until he gave CBP his PIN," adding that the cybersecurity team at JPL "was not happy about the breach."
The officer also presented Bikkannavar with a document titled "Inspection of Electronic Devices" and explained that CBP had authority to search his phone. Bikkannavar did not want to hand over the device, because it was given to him by JPL and is technically NASA property. He even showed the officer the JPL barcode on the back of phone. Nonetheless, CBP asked for the phone and the access PIN. "I was cautiously telling him I wasn't allowed to give it out, because I didn't want to seem like I was not cooperating," says Bikkannavar. "I told him I'm not really allowed to give the passcode; I have to protect access. But he insisted they had the authority to search it."
While border agents have the right to search devices, The Verge reports that travelers aren't legally required to unlock their phones, "although agents can detain them for significant periods of time if they do not." They also report that Bikkannavar "was not allowed to leave until he gave CBP his PIN," adding that the cybersecurity team at JPL "was not happy about the breach."
I'm not prepared to give up my (and everyone else's) 4th Amendment Rights on the off-chance that we might maybe catch a dirtbag. The cost of making that collar is just too high.
"Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
That doesn't make any sense at all. You don't get a secret service escort just because you have a security clearance. I was a radar repairer in the Army and had a TS clearance, frequently travelled with classified radar schematics. They didn't dispatch the damn secret service just to escort me from one post to another. That's not how it works. Where in the world would you even get that bizarre idea?
But you don't have any 4th Amendment Rights at an airport. Searches and seizures at an airport are not subject to any requirement of reasonable suspicion, probable cause, or warrant. It's called the Border Search Exception ( https://en.wikipedia.org/wiki/... ), it has been in effect since the 1970s (or earlier?), and pretty much every related case was ruled in favor of the government.
Technically CPB agents may need reasonable suspicion to stop you and probable cause to search you, but in practice they routinely exceed their authority, and they usually aren't challenged when they do. People just acquiesce to get it over with. That's a problem because if it remains customary long enough the courts will inevitably tend to view it more positively.
Additionally, the "Border Zone" in which CPB operates is within a hundred miles of the US border including coastlines. This means cities like Pittsburgh, Fort Wayne, Sacramento and Portland are "border cities". Two thirds of Americans live where they can be stopped and searched by CPB. The ACLU has a convenient map of the "border zone" on their website.
Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
Back when airport screeners were contractors they had the right to make that mistake and get a funny story out of it, but government employees can't legally ask you to turn that laptop on in public. The question itself was enough to get that guy arrested. When I was in civil service with DoD, I would travel without any government electronics if possible, because despite the laws, the TSA was a liability. Traveling internationally, forget about it, I don't think I was allowed to bring anything that had ever been in my lab with me. This NASA guy was on a personal trip to Chile with a phone with sensitive info on it... that's just stupid on his part. Get another phone for the trip.
I used to do development and testing for explosives detectors. Nitro-toluenes are very, very hard to get off your skin and clothes. I was pulled aside for random searching and swabbed for explosives. So I come up positive for DNT residue. I thought this was great, because I wasn't sure the machines they were using at the time would pick up the very small amount of residue from somone who used appropriate lab attire (in-field positive test!). I then told them that the reading wasn't likely a false positive and that I worked with explosives. Maybe I should have led with my Navy ID and an explanation that I was a scientist in the civil service, but they did NOT like that I admitted to having explosives residue on me.
As a matter of law, because he is not the owner, he cannot grant permission to search. Since he divulged his access, he and the TSA agent can be prosecuted under the CFAA.
IANAL.
That being said, anyone carrying anything they wish to keep confidential within 200 miles of a boarder, or while not in your own home effectively has no rights at all. Not as a matter of law, but as a simple matter of fact. Not just 4th amendments rights either. The police shoot dead unarmed people at least two times a week on average. As a simple matter of statistics, you are 300 times (times, not percent) more likely to be killed by a police officer than you are by a terrorist.
You people supporting these actions are insane.
Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.