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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."

337 of 627 comments (clear)

  1. Arrest him and throw him into Gitmo by ghoul · · Score: 5, Insightful

    And by him I mean the CBP officer guilty of breach of national security.

    --
    **Life is too short to be serious**
    1. Re:Arrest him and throw him into Gitmo by misexistentialist · · Score: 3, Funny

      Should get a medal, revealed this scientist to be weak.

    2. Re:Arrest him and throw him into Gitmo by wvmarle · · Score: 5, Insightful

      ... and sit in jail himself waiting for the results?

    3. Re:Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 5, Interesting

      And by him I mean the CBP officer guilty of breach of national security.

      That's what I thought.
      I see the possibility of a CPB officer taking bribes (or blackmail) from a foreign entity, (government or business) to copy the phones of people who may have access to interesting things. So many are already on the payroll of drug runners.

    4. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 5, Informative

      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?

    5. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 1

      That's not how border security works. They don't need a warrant. The courts have decided this.

      There was nothing illegal that happened here.

    6. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 4, Informative

      For visitors, this is true. But for citizens it gets to be a lot more difficult. It's well understood that as a citizen, they cannot for any reason refuse you entry to the country. They can arrest you the second you enter, but they can't refuse citizens entry. After all, where will they send you if they don't allow you entry? And once they arrest you, all standard constitutional rights are now active. Your warrant claim is only tested for foreigners.

    7. Re:Arrest him and throw him into Gitmo by TWX · · Score: 1

      That doesn't make any sense.

      --
      Do not look into laser with remaining eye.
    8. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 2, Funny

      These are basic Trumped up politics. The constitution applies to them, especially the second amendment, but not to you.

    9. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 5, Insightful

      It's a clear violation of the constitution to conduct baseless, warrantless searches like that, border or not.
      I don't give a shit if the courts have said it's okay. The courts used to say slavery was okay.

    10. Re:Arrest him and throw him into Gitmo by frovingslosh · · Score: 2

      That was my thought too, but I was thinking lock away the supposed scientist that just let some oaf bully him into giving up access to a JPL phone that might have had important security related information on it. The oaf will never learn and will continue to enjoy playing the bully, but people need to learn not to give in to them.

      --
      I'm an American. I love this country and the freedoms that we used to have.
    11. Re:Arrest him and throw him into Gitmo by OhPlz · · Score: 2

      Stand for something or stand for nothing.

    12. Re:Arrest him and throw him into Gitmo by wvmarle · · Score: 5, Insightful

      I believe he did the smart thing, and probably the best when it comes to making a stand.

      Under protest unlock the phone, get it done, then report the incident to his employer (as breach of security - employer being NASA has a bit more standing) and report to the press (allowing for public outrage to ensue).

      This way he has a fair chance of getting a lot of attention for the case - and it appears it worked, at least the story made it onto /.. If instead he had been held in jail at the border, it may have been a lot harder to get the story out quickly. Now the end result is the same (the story is out & hopefully NASA is enraged over the breach of security, more so than had he stayed in jail and they had gotten him out a week later without the phone having been unlocked), without him having to suffer unduly.

    13. Re:Arrest him and throw him into Gitmo by pegr · · Score: 4, Insightful

      The officer may be guilty of misrepresentation, but I blame NASA for not telling folks how to handle a NASA phone. CITIZENS have no requirement to answer any questions or facilitate a search. Leave the phone and keep walking.

    14. Re:Arrest him and throw him into Gitmo by Z00L00K · · Score: 1

      Not sure if that's a national security issue when it comes to NASA/JPL.

      It would be a lot more fun if he was employed by NSA.

      At least this now highlights that anyone traveling to the US should use "dumb" phones instead, preferably some old device with obscure hardware interface. There's no rule that you have to use a standardized phone interface. Ancient mobile phones are already expensive as collectors items.

      Or if enough people deny the border control access to their devices and they are held for investigation that could also be fun - the authorities have to house them and feed them. After a while it would rack up a stink, both literally and politically.

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    15. Re: Arrest him and throw him into Gitmo by cyber-vandal · · Score: 2

      Have you actually been to jail?

    16. Re: Arrest him and throw him into Gitmo by vipw · · Score: 2

      Then maybe we should change the law.

    17. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 2, Funny

      Have you actually met his wife?

    18. Re:Arrest him and throw him into Gitmo by mwvdlee · · Score: 1

      He was just following orders given by a treasonous boss.

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    19. Re:Arrest him and throw him into Gitmo by mwvdlee · · Score: 2

      You judge people by what you know.
      GP seems to judge scientists by their (un)willingness to throw a temper tantrum.

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    20. Re:Arrest him and throw him into Gitmo by Bongo · · Score: 1

      At least this now highlights that anyone traveling to the US should use "dumb" phones instead, preferably some old device with obscure hardware interface.

      I'm planning a visit to USA just as soon as I finish converting my data to binary smoke signals gathered into a jar.

      Besides, as far as I can tell, USA became a great nation largely due to a lot of enterprising migrants coming to take advantage of vast natural resources, from places like tired old Europe. And that's great. And I'm sure China is still kicking itself for those emperors who decide that China was "the world" and the rest of the planet was just wastelands of barbarians, not fit to even explore. North America could have been colonised by China. Like, wow.

      And I get it that it was largely the excesses of extreme PostModern culture which have made much of the core of USA say, f**k it, let's vote in someone who manifestly is NOT infected with PoMo, and oh look this guy keeps spouting racist stuff, great he's definitely not PC, let's vote for him! Thank you France and Germany for extreme PoMo which so successfully infected USA's academia. Thank you alt-left liberals and extreme reverse-colonialism and extreme catastrophic global warming predictions and extreme anti-prosperity consciousness and all that. Yep, the opportunity was created, and the first opportunist con-man took advantage.

      Be that all as it may, one would really hope that border security would be a boring, mundane, technocratic, "do what works and what's efficient" undertaking, free of all that cultural wars stuff. It should be as interesting as plumbing or basket weaving. But instead, y'all seem to have turned it into this politicised pork contracts and hyperbole about stopping terrorists, and brown people, and it is like WTF, you'd expect that from--with all due respect to a small undeveloped African nation who setup the president's nephew as Supreme Director of National Borders to run the system, with consequent hilarity of obnoxious and silly rules, like the time my mom was told she had to change from her trousers into a skirt because women are not supposed to wear trousers (name of small African nation redacted)--but here we have king of silly rules as none other than the greatest nation on earth. Wow.

    21. Re:Arrest him and throw him into Gitmo by geekmux · · Score: 5, Insightful

      I believe he did the smart thing, and probably the best when it comes to making a stand.

      Under protest unlock the phone, get it done, then report the incident to his employer (as breach of security - employer being NASA has a bit more standing) and report to the press (allowing for public outrage to ensue).

      This way he has a fair chance of getting a lot of attention for the case - and it appears it worked, at least the story made it onto /.. If instead he had been held in jail at the border, it may have been a lot harder to get the story out quickly. Now the end result is the same...

      When an individuals actions make the difference between a breach of security happening vs. not happening, I'd say the end result is not the same. I'm thinking NASA would agree, since they're the ones forced to do an investigation and assess impact right now over the transfer of sensitive information to unauthorized persons, which absolutely happened.

      Sadly, based on policy, the person responsible for allowing a data leak to happen could now face considerable punishment. For his sake, let's hope that common sense prevails and his employer realizes the only entity truly responsible for this breach and coercion against a US Citizen is the US Government.

    22. Re: Arrest him and throw him into Gitmo by realxmp · · Score: 3, Interesting

      NASA more standing than the oldest US LEO?

      That is a possibility, some areas of NASA's research is more important to national security than protecting the borders from dodgy porn or similar. The exact nature of certain valving arrangements on liquid fuel rockets might be of interest to North Korea for example. Or some of their more advanced jet propulsion research might be of interest to Russia. The thing is that customs officer had no real good reason to search the phone and plenty of reasons why he shouldn't. Even if he did have the legal right to do it, it might not be the sensible thing to do.

    23. Re:Arrest him and throw him into Gitmo by wvmarle · · Score: 4, Interesting

      Sadly, based on policy, the person responsible for allowing a data leak to happen could now face considerable punishment.

      So now it's getting interesting. NASA forbids him to reveal the PIN code (and let's assume there's a law in place that underpins this).

      The border inspection requires him to unlock it (and for the sake of the argument, let's just assume they have the legal right to do so - I'm sure the immigration official told the guy so, and being an authority figure, the scientist has or at least should have no reason to doubt this).

      The result of this is that one law requires something another law forbids. Talking about being caught between a rock and a hard place!

    24. Re: Arrest him and throw him into Gitmo by Joce640k · · Score: 5, Insightful

      That's not how border security works. They don't need a warrant. The courts have decided this.

      There was nothing illegal that happened here.

      Even if you're a returning US citizen?

      This word "freedom". I don't think you (or most of the USA) knows what it means even though you spend your entire lives repeating it.

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    25. Re: Arrest him and throw him into Gitmo by Joce640k · · Score: 5, Insightful

      Papieren, bitte!

      --
      No sig today...
    26. Re: Arrest him and throw him into Gitmo by Ihlosi · · Score: 3, Informative
      Even if you're a returning US citizen?

      The only benefit that US citizenship has in this situation that they can't put you on the next flight back to where you came from. But they can still give you the special search treatment.

    27. Re:Arrest him and throw him into Gitmo by geekmux · · Score: 1

      Sadly, based on policy, the person responsible for allowing a data leak to happen could now face considerable punishment.

      So now it's getting interesting. NASA forbids him to reveal the PIN code (and let's assume there's a law in place that underpins this).

      The border inspection requires him to unlock it (and for the sake of the argument, let's just assume they have the legal right to do so - I'm sure the immigration official told the guy so, and being an authority figure, the scientist has or at least should have no reason to doubt this).

      The result of this is that one law requires something another law forbids. Talking about being caught between a rock and a hard place!

      Yes, it's one hell of a Catch-22. It will become very interesting once corporations adopt self-destructing MDM policies that automatically wipe the phone after X number of failed PIN attempts, as employees might be inclined to do exactly that to protect company data in situations where coercion is being introduced.

    28. Re: Arrest him and throw him into Gitmo by Type44Q · · Score: 3, Insightful

      You're likely confusing jail with prison; a lot of adult males, even those with clean records, have spent a couple hours in jail at one point or another. This is especially true in the hospitable, Christian and open-minded South (sic).

    29. Re:Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 1

      Traditionally, when caught between two laws, or law and company policy, or two company policies, the only result is that the employee is in the wrong.

      No matter what happens, one's superiors always somehow end up in the clear, because YOU are the one who breached the rules or the law. You're a scapegoat before anything ever even happened, just waiting for your butcher turn.

    30. Re: Arrest him and throw him into Gitmo by Gilgaron · · Score: 3, Informative

      That isn't remotely true, you don't even get a fun badge or anything with security credentials

    31. Re: Arrest him and throw him into Gitmo by Gilgaron · · Score: 2

      If the work phone can get into the company network, and it is compromised, then the company network is compromised... of course he doesn't have that crap on his phone, but the TSA can make you open your laptop too.

    32. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 1

      If a policeman tells you to run a red light then gives you a ticket for running that red light it isn't a crime. If he was under duress by an authority to violate his agreement with NASA, management would be idiots to reprimand him for unlocking his phone. The court case would be over in 10 seconds.

    33. Re:Arrest him and throw him into Gitmo by SharpFang · · Score: 4, Interesting

      Not "after X number of PIN attempts" but after entering the "Wipe me" special PIN.

      The officer has no means of discerning if the number they received is the one that unlocks the phone or one that wipes it.

      There's even a milder option: Plausible Deniability sandbox. A special PIN that gives access to the phone in "guest mode", unlocks it to something that looks just like a generic phone content of a random citizen, while the real content remains hidden.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    34. Re:Arrest him and throw him into Gitmo by SharpFang · · Score: 4, Insightful

      Nope, you're not getting it.

      Scientist X is in the process of being cleared for carrying secret data.

      Scientist X is handed bogus data package, informed the data is secret and not to be revealed.

      Agent Y performs an illegal search; operation one might expect from an enemy agent, because law-abiding agents of USA would never breach the law.

      Agent Y pressures scientist X to reveal the secret content.

      If scientist X bows to the pressure and reveals the content, he's deemed unfit to handle genuine secret data. Agent Y did his work right; no actual secret data was revealed, but the weak link was identified and will be eliminated from the process.

      If scientist X successfully resists the search, he is deemed fit to handle genuine secret data.

      -----------------

      Of course we all know it's total bullshit. But one can still dream.

      --
      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    35. Re:Arrest him and throw him into Gitmo by sh00z · · Score: 1

      A civil contract cannot ask you to do anything illegal and someone cannot ask you to break civil contract unless what you're doing is illegal. If the border agent had the legal power to ask and not following instructions would be deemed illegal, then Mr NASA is fine. If the border agent did not have the legal power, then Mr NASA could sue them for coercing him into breaking a civil contract, assuming he can show damages. The simplest way would be for NASA to show 'damages' and to sue for the full market value of whatever secret information was on the phone or to which the phone had access.

      It's not a civil contract. NASA employees take the same Oath of Office as the President (changing only "to the office which I am appointed"). There are no conditions under which "not following instructions" in this case could be deemed illegal.

    36. Re:Arrest him and throw him into Gitmo by jarlsberg71 · · Score: 1

      I've often thought about having a "Sandbox" PIN. It might have access to the phone and the camera, and maybe a dummy camera-roll, but any VPN apps or other internal software is kept in another box. It would be great for companies that allow people to BYOD.

      --
      E8B8B
    37. Re:Arrest him and throw him into Gitmo by geekmux · · Score: 1

      Hmm, notify the border patrol that you work for a national-security-level organization (and in this case a *government* agency *and* well-known), and that you will provide the PIN, but you *must* phone them first to notify of the potential breach of security. Get the full identification of the officers involved. Phone, explain, give all details of the officers involved, and wait for clearance to give up the PIN to border patrol.

      You will wait for a while. But the officers in place will shit pepper bricks until the answering phone call happens either giving you permission, or telling them off.

      This is actually a sound tactic, but often people crossing borders are dealing with a time-sensitive schedule, and such an action may create quite a delay which the traveler cannot afford. To bolster the policy, perhaps corporations need to also reimburse their employees for any additional expense incurred when protecting sensitive company information.

      Note: if NASA has typical operational procedures for hardware security, border patrol caused the need for destruction of that phone. Once it is handled by someone below the required security clearance, it must be disposed of as it might have been tampered with.

      I highly doubt the requisite cellular device held classified information, which protecting classified data becomes far more black and white in this case. This is likely a device that is authorized to carry highly sensitive corporate information, so security clearances may not be as much a factor as simply an unauthorized person handling company data. The real impact with dealing with CBP will be any additional federal security mandates that impose protections that are similar to protecting classified information with regards to disclosure. Again, very ironic that our Government is wanting to violate their own laws for the sake of the War on Terror.

    38. Re: Arrest him and throw him into Gitmo by silentcoder · · Score: 1

      Considering the POTUS's past NASA comments and ethno-nationalist views on border security - I fear NASA would lose.

      --
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    39. Re:Arrest him and throw him into Gitmo by nedlohs · · Score: 1, Insightful

      Said scientist is not allowed to reveal the pass code to anyone. Scientist did reveal the pass code to someone. Thus scientist has shown themselves as incapable of handling sensitive documents.

      He caved after being to US border control and handed over the information because they threatened to detain him for a while if he didn't. Do you think he might cave if some other country made much more serious threats while he was outside of the US?

      A temper tantrum has nothing to do with anything.

    40. Re:Arrest him and throw him into Gitmo by Pascoea · · Score: 1

      allowing for public outrage to ensue

      There will be no outrage. There will be no hearings. There will be no condemnation. There will be no repercussions. Do you know why? Because having the name "Sidd Bikkannavar" sounds like he's brown. And the general public is scared of brown people because of Terrorism(TM). And we need to have more "National Security" to save us from the brown people.

      Doing a quick search of his name, the 1st page of Google comes up with The Verge, Gizmodo, Mic, IBI Times, Mashable, and The Wrap carrying the story, and a link to his Facebook where he says he was detained. Notably missing from this list, CNN, Fox, MSNBC, NPR, etc. etc. It looks like the first one to print the article was The Verge, over 20 hours ago. If the "big guys" were going to make a stink about this they would have already.

    41. Re:Arrest him and throw him into Gitmo by wvmarle · · Score: 1

      So what Trump claims about the big media not reporting about important events is true. Never thought anything he said would turn out to be true.

    42. Re:Arrest him and throw him into Gitmo by ghoul · · Score: 2

      Nurenberg has it as settled law. Just following orders is not an excuse. Illegal order have to be disobeyed (like the acting Attorney General did) or you are equally guilty.

      --
      **Life is too short to be serious**
    43. Re:Arrest him and throw him into Gitmo by TWX · · Score: 2

      And the counter-argument to this is that he knows his research, and someone working for a civilian entity he knows the difference between what's been declared sensitive and what's actually sensitive based on cooperation with the ESA, with Russia, etc, so while he makes his objections he does not push them full-bore because he knows that there's nothing truly secret there.

      --
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    44. Re: Arrest him and throw him into Gitmo by dnaumov · · Score: 1

      That's not how border security works. They don't need a warrant. The courts have decided this.

      There was nothing illegal that happened here.

      Even if you're a returning US citizen?

      This word "freedom". I don't think you (or most of the USA) knows what it means even though you spend your entire lives repeating it.

      Yes, even if you are a US citizen and yes, the "border" means up to 100km from actual border.

    45. Re: Arrest him and throw him into Gitmo by Ecuador · · Score: 1

      Where in the world would you even get that bizarre idea?

      In his mom's basement obviously.

      --
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    46. Re:Arrest him and throw him into Gitmo by The-Ixian · · Score: 1

      All CBP has to do is subject everyone to the same procedure and this wouldn't be the problem that it is.

      Just search everyone's phone and give everyone the same light CBP touch.

      --
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    47. Re: Arrest him and throw him into Gitmo by Jason+Levine · · Score: 2

      Here's the map of those "border zones."

      Note that only 13 states don't have a portion of them within the zone and many states have all or most of their area within the border zone. For example, all of Maine is in the border zone. If you live in Maine, theoretically you could have your car searched without a warrant at any time because you're within 100 miles of the border. I live in NY and it's hard to tell for sure on the map, but I think I live barely outside of the zone. Still, most of New York State is within the zone including all of New York City.

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    48. Re:Arrest him and throw him into Gitmo by Jason+Levine · · Score: 3, Insightful

      And the sad thing is, why couldn't a potential terrorist do this also? Give a fake social media account filled with nothing but liked cat videos and posts about how wonderful it is that Beyonce is pregnant. Give a PIN code that unlocks the phone into "totally not a terrorist user" mode with a browser history of innocuous searches, a bunch of games (e.g. Angry Birds), and other completely normal content. Then, when the border guard lets them in, unlock the phone into "secret evil terrorist" mode.

      NOTE: I'm not in favor of what the NASA scientist was put through. Just pointing out that, even in the face of someone arguing "we need this to keep us safe," this doesn't make sense since it could be sidestepped so easily.

      --
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    49. Re:Arrest him and throw him into Gitmo by Jason+Levine · · Score: 4, Insightful

      Trump is like a stopped clock. Occasionally, he says something true, but the reason why he said the thing and the reason why it's true are completely different.

      --
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    50. Re:Arrest him and throw him into Gitmo by fgouget · · Score: 2

      So now it's getting interesting. NASA forbids him to reveal the PIN code (and let's assume there's a law in place that underpins this).

      With NASA being a government agency it's possible there is a law but it still seems unlikely. I'd rather expect it to be part of his employment contract or a related NDA (non-disclosure agreement). Then it's not two laws being at odds, it's a contract and a law. It seems like the law should prevail, but should it really?

      Let's say a Boeing employee travels to France and a border officer there requires that he provides the password for his professional phone. Should he hand it over? Wouldn't every American accuse the French government of being in cahoots with Airbus and thus argue that the Boeing employee's NDA trumps (the hypothetical) French law?

      I think what this shows is that we don't want border officers to have unlimited search powers.

    51. Re: Arrest him and throw him into Gitmo by JeffOwl · · Score: 3, Informative

      Yes, you can say that, but it doesn't matter what you, or me, or anyone else here who isn't on the SCOTUS think. The Supreme Court of the United States is the ultimate arbiter of what is and what is not constitutional. Once they say it is, it is, until they come back later and say it isn't. This is part of the basis for the debate between the strict constitution types and the living document types.

    52. Re: Arrest him and throw him into Gitmo by MitchDev · · Score: 1

      "Freedom" and "Democracy"

      The plutocrats have America in their grip and aren't about to let go

    53. Re: Arrest him and throw him into Gitmo by slashrio · · Score: 1

      Nein, nein!
      Das muss sein: "(Sieg Heil!) Ausweiss bitte!"
      Uebrigens, I think it's already breach of security to bring a NASA phone with sensitive data out of the country.
      One is supposed to know the law, and law says that phones can be searched upon entry in the USA.
      And how about entry in Chile, can't it be searched their also?
      No, bad idea to have brought that phone without at least removing the sensitive data.

      --
      "Trump!!", the new Godwin.
    54. Re:Arrest him and throw him into Gitmo by jbrown.za · · Score: 1

      ... but you *must* phone them first to notify of the potential breach of security. Get the full identification of the officers involved. Phone, explain, give all details of the officers involved, and wait for clearance to give up the PIN to border patrol ...

      I don't see any TSA agent having the patience to allow you to do this. From my experience, any attempt to rationally discuss a "request" is met with a very heavy handed response.

    55. Re:Arrest him and throw him into Gitmo by wvmarle · · Score: 1

      LOL very well said.

    56. Re:Arrest him and throw him into Gitmo by slashrio · · Score: 1

      'the Acting Attorney General' was a hypocrite. Any 'good' AG should have resigned 'du moment' Schwarz died.

      --
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    57. Re:Arrest him and throw him into Gitmo by MitchDev · · Score: 1

      Simple solution, do NOT place classified info on phones or computers that are traveling out of the country and coming back in. Or ship them freight instead.

      The government (both parties) couldn't have been happier with 9/11 allowing them to push the police state to the extent they have, and it's only going to get worse...

    58. Re:Arrest him and throw him into Gitmo by SharpFang · · Score: 1

      It's not nearly as contrived. Think of a multi-user phone, one shared between two people. The user is chosen transparently, by PIN and can't access the other user's files unless specifically shared.

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      45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    59. Re: Arrest him and throw him into Gitmo by Anonymous Coward · · Score: 1

      ACLU needs to update their map. Didn't CBP declare 100 miles around international airports to also be "border zones".

    60. Re: Arrest him and throw him into Gitmo by FacePlant · · Score: 1

      For your scenario to play out, either the NASA network allows devices to connect without the use of a VPN, or this guy's VPN client does not require him to manually authenticate each time. That's a much bigger story than border guards haras citizen due to non-waspy name.

      --
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    61. Re:Arrest him and throw him into Gitmo by cellocgw · · Score: 4, Informative

      You've clearly never actually read a security agreement document. At least for civilians, any threat of harm to one's self or family is sufficient cause to relinquish the classified material to whomever is making the threat.
      Personally, the thought of having to spend more time with a Wyatt-Earp-Syndrome border guard thug meets my threshold of "harm" . Just state that you're giving up the materials unwillingly under threat, and at least in theory you're in the clear.

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      https://app.box.com/WitthoftResume Code: https://github.com/cellocgw
    62. Re:Arrest him and throw him into Gitmo by Solandri · · Score: 1

      Ironically, that is almost exactly what the Colombian drug lords used to do to obtain the IDs of US DEA agents entering Colombia.

      This is one of those cases where transparency is more important than security. Because the lack of transparency actually compromises security.

    63. Re: Arrest him and throw him into Gitmo by Gilgaron · · Score: 1

      Well besides that when they see the encrypted portion where the work connection software resides they're going to try to claim he's required to open that, too, at best they'll have a record of what software you're using. Even the best software is going to be more vulnerable if it is easy for the attackers to know what they're up against. At worst, once open, they put in some NSA software that will phone home once they log into the secure vault on the phone. You have to treat it as compromised even if they didn't get into the authenticated VPN client. The average TSA guy isn't going to comprehend anything that is export controlled, anyhow, even if it was in the clear, but that doesn't mean letting him in to poke around is a good idea.

    64. Re:Arrest him and throw him into Gitmo by Archangel+Michael · · Score: 2

      It isn't an illegal search, because he was transiting onto US Soil. There are special cases where 4th and 5th Amendment protections do not apply, and the border is one of those. Yes, even for US citizens. This is why Customs can search your luggage when you are entering in the country.

      My suggestion (check with your attorney first) is to offer to "unlock the phone" and navigate anywhere on the phone that the Customs people want to see, to verify that there is no dangerous material on the phone, but never relinquish the custody. There is much easier ways to smuggle info that could be in a phone across the border, like encrypted Email or files storage.

      As a libertarian, the whole specter of security theater is ludicrous on just about every level, except for the statists who want to control everyone else's lives.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    65. Re:Arrest him and throw him into Gitmo by thegarbz · · Score: 4, Insightful

      That's not sad in the slightest. That is a natural consequence of liberty being at odds with freedom. I say let the terrorists in. I'll actually start worrying about them when there isn't a 1000x higher chance of being gunned down as I walk through Chicago than actually getting killed in a terrorist attack.

      I don't ask that I government official stands next to me and individually pre-tastes every bit of food I eat either on the off chance that some of it may contain salmonella.

      Now that I think of it, that's the opposite of sad, that's a sign of a rational mind at work. I'm not going to quote anyone. I'm just going to say don't give up your liberty for security. It won't end well for you.

    66. Re: Arrest him and throw him into Gitmo by John+Napkintosh · · Score: 1

      If you live in Maine, you cannot theoretically have your car searched without a warrant or probable cause. Probably cause needs to be more than just "I want to" or "I think you did something", but in reality it can be many things and is hard (or just exhaustive) to prove wrongdoing on the part of the officer who really had no actual probable cause. Really they aren't supposed to be able to pull you over either without a reasonable suspicion, but that is hard (or just exhaustive) for the same reason.

      --

      Long signatures suck.
    67. Re:Arrest him and throw him into Gitmo by Motherfucking+Shit · · Score: 1

      Simple solution, do NOT place classified info on phones or computers that are traveling out of the country and coming back in. Or ship them freight instead.

      No, that's a pain in the ass solution. The simple solution would be for the government to not conduct illegal searches, and not harass its citizens.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    68. Re:Arrest him and throw him into Gitmo by Motherfucking+Shit · · Score: 1

      So what Trump claims about the big media not reporting about important events is true.

      He didn't claim the media doesn't report "important events," he claimed they don't report terrorist attacks, which is patently untrue. This story has nothing to do with terrorism and does not, in any way whatsoever, corroborate Trump's bullshit.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    69. Re:Arrest him and throw him into Gitmo by WheezyJoe · · Score: 1

      This. I immediately thought the CPB officer was on Putin's payroll, instructed specifically to seek out a brown-skinned man who will claim he is with NASA.

      Mission accomplished. Well-done, comrade. Pick up your new Camaro at the pre-arranged location, and your family in the motherland will be rewarded with TWO loaves of bread plus a signed poster of Putin shirtless (and a dollar "finder's fee" goes to Trump).

      --
      Take it easy, Charlie, I've got an Angle...
    70. Re:Arrest him and throw him into Gitmo by Marxist+Hacker+42 · · Score: 1

      Why was the phone in Chile to begin with? Should not have been allowed to remove it from JPL premises

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    71. Re:Arrest him and throw him into Gitmo by haruchai · · Score: 3, Informative

      "There are special cases where 4th and 5th Amendment protections do not apply, and the border is one of those"
      The "special cases border" is also a moving target and now extends 100 miles inland from the physical border.
      https://www.aclu.org/other/con...

      So if you live in Seattle, San Francisco, ALL of Florida, 2/3rds of New England, New York, Charleston, Augusta, Washington, DC & Philly - among many other places where up to 200 million Americans live, you're a "special case" at any time.

      --
      Pain is merely failure leaving the body
    72. Re:Arrest him and throw him into Gitmo by networkBoy · · Score: 2

      You'll have to call [employers] lawyers. This is not my phone, it is theirs and I am forbidden from giving out the code.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    73. Re:Arrest him and throw him into Gitmo by zedaroca · · Score: 2

      Both Nasa employees, ordinary people and terrorists should have this. The evil group here is clearly the border patrol. If it wasn't evil, or at least contrary to the country's values, it would be legal inside the country.

    74. Re:Arrest him and throw him into Gitmo by F.Ultra · · Score: 1

      It's even sidestepped far earlier since no terrorist worth their name would go through customs with a "secret evil terrorist mode" on their phone in the first place, these people know that they can be searched and forced to give up their pin and thus plan accordingly.

    75. Re:Arrest him and throw him into Gitmo by dinfinity · · Score: 1

      Leave the phone and keep walking.

      They did not let him, according to TFA:
      "More importantly, travelers are not legally required to unlock their devices, although agents can detain them for significant periods of time if they do not. “In each incident that I’ve seen, the subjects have been shown a Blue Paper that says CBP has legal authority to search phones at the border, which gives them the impression that they’re obligated to unlock the phone, which isn’t true,” Hassan Shibly, chief executive director of CAIR Florida, told The Verge. “They’re not obligated to unlock the phone.”

      Nevertheless, Bikkannavar was not allowed to leave until he gave CBP his PIN."

    76. Re: Arrest him and throw him into Gitmo by farble1670 · · Score: 1

      This word "freedom".

      What country do you hail from, where you can carry suitcases of baking powder through customs without the threat of search?

      I don't think you

      I don't think you've ever traveled outside whatever country is the site of your mom's basement.

    77. Re: Arrest him and throw him into Gitmo by ghoul · · Score: 1

      But But The Constitution has slavery built into it. Dont over idolize the Constitution. It was the best effort of White middle class landowners of an Agrarian Economy. It was ahead of its times but doesnt mean it covered every issue we face in modern life. A Constitution is meant to change as society changes. Thats what Constitutional amendments are for.

      --
      **Life is too short to be serious**
    78. Re:Arrest him and throw him into Gitmo by surd1618 · · Score: 1

      Personally i think this methodology would be unethical. Besides, if someone is ever expected to carry any material that sensitive, precautions should be taken that preclude one agent caving in from releasing the sensitive data. I would buy 2 or 3 microSD cards, copy the data onto them in a hidden encrypted partition, hide them in the strap of my carry-on luggage, and never let it out of my sight.

    79. Re: Arrest him and throw him into Gitmo by 14erCleaner · · Score: 1

      Over 1 million people have US Top Secret clearances.

      --
      Have you read my blog lately?
    80. Re:Arrest him and throw him into Gitmo by z0idberg · · Score: 2

      The officer may be guilty of misrepresentation, but I blame NASA for not telling folks how to handle a NASA phone. CITIZENS have no requirement to answer any questions or facilitate a search. Leave the phone and keep walking.

      Good idea. The suspicious* dark skinned guy being questioned by armed** CPB agents at an airport should just put the phone down in front of them, pick up his hand luggage and walk away through the airport ignoring their requests to stop. What's the worst thing that could happen right?

      *why else would they want to get into his phone.
      **I assume CPB agents are armed. If not I am sure there was someone of authority close by with a deadly weapon.

    81. Re:Arrest him and throw him into Gitmo by MitchDev · · Score: 1

      Accidentally posted this in the wrong part of this topic...

      I agree, but whatcha gonna do to make that happen?

      The police state is getting worse everyday...

    82. Re:Arrest him and throw him into Gitmo by geekmux · · Score: 1

      ...in which case they'd be charged with obstruction and destruction of evidence. No easy out here.

      When accusations or justifications are truly baseless, it becomes difficult to identify "evidence" that may or may not have been destroyed, along with identifying any legal obstruction.

      If I don't even have the Facebook app on my phone, but hold an account, am I to be accused of obstruction because I haven't made it pathetically easy to rape and pillage my personal information via my cellular device? I think not.

    83. Re: Arrest him and throw him into Gitmo by slashrio · · Score: 1

      I don't have to say that.
      And, if there's nothing bad in saying it, then why should I not have said it?

      --
      "Trump!!", the new Godwin.
    84. Re:Arrest him and throw him into Gitmo by h4ck7h3p14n37 · · Score: 1

      I believe he did the smart thing, and probably the best when it comes to making a stand.

      He also proved that he cannot be trusted to keep secrets.

      The right thing to do would have been to refuse to provide the PIN, be denied entry and then let JPL deal with it.

    85. Re:Arrest him and throw him into Gitmo by wvmarle · · Score: 1

      Be denied entry... and then? Send him back to his home country? Oh wait, that'd be the country he's just been refused entry to...

    86. Re:Arrest him and throw him into Gitmo by OhPlz · · Score: 1

      He could be screwed anyway. He may not have had permission to take the phone beyond our border in the first place.

    87. Re:Arrest him and throw him into Gitmo by OhPlz · · Score: 1

      Border security doesn't relate to terrorism?

    88. Re:Arrest him and throw him into Gitmo by TechnoJoe · · Score: 2

      and for the sake of the argument, let's just assume they have the legal right to do so

      That is both a HUGE assumption and quite wrong.

      They have the legal authority to search the physical device, BUT NOT to compel you to reveal any pin/passcodes. They can't compel you to reveal the contents of your mind, even if their search is hindered by not having it, and courts have ruled that way.

      Social Media at the Border: Can Agents Ask for Your Facebook Feed? (No).

      If I spent more time on this, I could get you better sources. The real different is whether or not you're a US Citizen. A citizen cannot be denied entry; a green card holder can.

    89. Re: Arrest him and throw him into Gitmo by Joce640k · · Score: 1

      Me? I've visited two other countries so far this year (and it's only February).

      From my house I can drive to three different countries in half a day without even seeing a checkpoints.

      (unless it's an old abandoned one)

      --
      No sig today...
    90. Re: Arrest him and throw him into Gitmo by farble1670 · · Score: 1

      Don't keep me in suspense. Which countries?

    91. Re:Arrest him and throw him into Gitmo by Reziac · · Score: 1

      I'm wondering why he took a JPL phone containing potentially-sentitive info out of the country in the first place. THAT is the initial security breach.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    92. Re:Arrest him and throw him into Gitmo by frovingslosh · · Score: 1

      His boss likely made him take it so that he could be reached if "needed".

      --
      I'm an American. I love this country and the freedoms that we used to have.
    93. Re:Arrest him and throw him into Gitmo by Reziac · · Score: 1

      Probably, but why couldn't he take a burner phone instead?

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    94. Re:Arrest him and throw him into Gitmo by Ol+Olsoc · · Score: 1

      And by him I mean the CBP officer guilty of breach of national security.

      It was a fucking scientist for God's sake. These agents of Satan have led us down a primrose path of evolution, vaccines, and global warming. If the leave th eUS they should not be allowed back in. Only when we get rid of this sciency bullshit and return to the infallible book of science, will America be great again.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    95. Re:Arrest him and throw him into Gitmo by Ol+Olsoc · · Score: 1

      Said scientist is not allowed to reveal the pass code to anyone. Scientist did reveal the pass code to someone. Thus scientist has shown themselves as incapable of handling sensitive documents.

      He caved after being to US border control and handed over the information because they threatened to detain him for a while if he didn't. Do you think he might cave if some other country made much more serious threats while he was outside of the US?

      A temper tantrum has nothing to do with anything.

      If the scientist had sensitive data on his phone, the Border Patrol is the least of his worries.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    96. Re:Arrest him and throw him into Gitmo by Ol+Olsoc · · Score: 1

      Personally i think this methodology would be unethical. Besides, if someone is ever expected to carry any material that sensitive, precautions should be taken that preclude one agent caving in from releasing the sensitive data. I would buy 2 or 3 microSD cards, copy the data onto them in a hidden encrypted partition, hide them in the strap of my carry-on luggage, and never let it out of my sight.

      If you are carrying classified information and the border guard demands to see it - or TSA for that matter - you tell them that they will need to call the local FBI and have someone with a clearance to review what they are demanding to see. They need to comply or be in violation of the law, putting themselves at risk of imprisonment.

      Regardless, an inherently insecure device like a smartphone is no place to be stowing data like that.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    97. Re:Arrest him and throw him into Gitmo by Ol+Olsoc · · Score: 1

      That was my thought too, but I was thinking lock away the supposed scientist that just let some oaf bully him into giving up access to a JPL phone that might have had important security related information on it. The oaf will never learn and will continue to enjoy playing the bully, but people need to learn not to give in to them.

      Not how it works. If you are under threats of violence or imprisonment by a border guard, you merely need to remind him that you will accept a properly identified FBI agent to review the data.

      IF you had classified data on a secure device, and IF you are being strongarmed by some border guard and IF he forces you to reveal your passcodes, well then afterwards you call the FBI and he will be an extremely unhappy ex-border guard, awaiting trial on theft of sensitive data. You do not have to give your life or health to protect the data. The guy that has you in a headlock is the one committing the crime.

      The story is bollocks anyhow. Perhaps the person submitting might be willing to tell us how much of this sort of data he stores on his Smartphone. Or maybe not.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    98. Re:Arrest him and throw him into Gitmo by frovingslosh · · Score: 1

      Some bosses can't deal with the complexities of having more than one phone number to bother an employee with.

      --
      I'm an American. I love this country and the freedoms that we used to have.
    99. Re:Arrest him and throw him into Gitmo by ghoul · · Score: 1

      Breaking News : Trump announces a Science Ban. No one to be allowed entrance the US of A if they believe in Evolution or Global Warming.
      You ask how will they test for it?
      Same way they will test an Iraqi who says he's a CHRISTIAN Iraqi and not a MUSLIM Iraqi.
      The CBP will know. They have powers .....

      --
      **Life is too short to be serious**
    100. Re:Arrest him and throw him into Gitmo by Reziac · · Score: 1

      When I need to switch phones, I move my SIM card from one to the other. But yeah, I know the type.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    101. Re:Arrest him and throw him into Gitmo by Demena · · Score: 1

      Thusly all progress is due to unreasonable men......

    102. Re:Arrest him and throw him into Gitmo by Demena · · Score: 1

      Escalation of privileges is possible. Give no privilege.

    103. Re:Arrest him and throw him into Gitmo by Demena · · Score: 1

      No. What it shows is that you don't want non-american border officers to have unlimited search powers. You forgot exceptionallism.

    104. Re: Arrest him and throw him into Gitmo by Ihlosi · · Score: 1
      How is this a benefit?

      I don't know about you, but after eight or more hours on a plane I'd like to get at least eight hours of sleep and a shower before I board another plane.

      I agree it's not a huge benefit though.

    105. Re:Arrest him and throw him into Gitmo by surd1618 · · Score: 1

      I don't know too much about the culture of working for the gov. Is it possible that this is forgivable on account of it's someone from NASA and not say DOD?

    106. Re:Arrest him and throw him into Gitmo by Ol+Olsoc · · Score: 1

      I don't know too much about the culture of working for the gov. Is it possible that this is forgivable on account of it's someone from NASA and not say DOD?

      Pretty simple - Classified information on an unclassified phone - not good. It can happen, you'll get a security violation

      An uncleared person forcing you to reveal that data - an actual crime on their part. If this is a device that is secured, the password is also classified.

      If there is a question, call the FBI and they will clear it.

      However, I am inclined to think that this possibly sensitive information stuff is just anti-border guard FUD. NASA is pretty sensitive to this sort of thing. If there was, the employee would have known what to do.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  2. What information? by Anonymous Coward · · Score: 1

    Everything. If they had it for more than a couple minutes, then they very likely have a carbon copy of its entire contents.

    1. Re: What information? by unixisc · · Score: 1

      No, just copy all contents of the flash drives in the phone to something, and give it back to him. If they need to revisit that later for any reason, they have what they need

    2. Re:What information? by Anonymous Coward · · Score: 1

      Everything. If they had it for more than a couple minutes, then they very likely have a carbon copy of its entire contents.

      My company will provide loaner laptops if an employee needs them. Traveling oversees definitely counts and not just because of the boarder. Take a clean laptop and remote back in to your system via the secure vpn on the loaner laptop. That is about as safe as you get. I suppose if you were moving oversees it might be more difficult but I'd still avoid hand carrying anything at all that you don't want copies across any border. Protect your right to privacy and cherish it.

      I'm so tired of everyone wanting to sacrifice freedoms for some illusion of security..

    3. Re: What information? by Demena · · Score: 1

      A misspelling of americhump. The permutations of that word in this context are fascinating.

    4. Re:What information? by JaredOfEuropa · · Score: 3, Insightful

      Depending on how the phone or that corporate laptop is set up, they will also gain access to (parts of) the corporate network. Do border cops have the authority to search that as well? I'm all for protecting my privacy and the privacy of my clients by applying good security practises, but protecting your privacy is not at all the same as protecting your right to privacy. You can bring a blank laptop through customs and work through VPN, but you shouldn't have to. How about waking up your government to the fact that today's mobile devices constitute a hell of a lot more than the electronic equivalent of physical work-related papers and books, and contain acutely privacy-sensitive material that cops have no business poking their noses into? (Good luck with that...)

      And what if they come across an encrypted file or a password vault, do they also have the right to ask for access to those? Because if they do, then you're also going to have to change the passwords on perhaps hundreds of accounts. If a cop copies the keys to my front door, you bet I'll be changing the locks, and that goes double for digital keys; I have very little faith in their cyber-security.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    5. Re: What information? by tepples · · Score: 1

      The US Constitution and laws made by the Congress pursuant thereto are written in English, an Indo-European language.

  3. wha? by Anonymous Coward · · Score: 1, Insightful

    Federal government law enforcement agency requires federal government employee to unlock federal government owned phone for inspection. Controversial!

    1. Re:wha? by unixisc · · Score: 1, Insightful

      Yeah, I just don't get why JPL would be upset at another government department accessing their material. Since there's nothing criminal, and the CBP is not a foreign spy agency, what they should have done should have been to require the CBP to show authorization to access that level of secrecy

    2. Re:wha? by toastjam · · Score: 2

      Can't they be upset precisely because CBP did not show authorization to access that level of secrecy?

    3. Re:wha? by Darinbob · · Score: 2

      More like undertrained and underpaid bottom rung employee decides to exert his authority.

    4. Re:wha? by hey! · · Score: 2

      It should be controversial if he exceeds his authority. And if you expect a border agent to treat a private citizen better than an another government official you're naive.

      In an atmosphere of pervasive fear it is especially important to constrain officials to operating with the limit of their authority.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    5. Re:wha? by OhPlz · · Score: 2

      I don't even work in government, but we're trained not to expose any data to our own people unless they have a valid reason to see that data. I imagine government agencies would have similar policies.

    6. Re:wha? by ChromeAeonium · · Score: 1

      The CIA and your local DMV are also government departments.

    7. Re: wha? by Anonymous Coward · · Score: 2, Insightful

      That's not how security clearances work. Every person privy to whatever might have been on that phone would have to have the proper clearances to view it. The only thing that would have made sense is for this individual to forfeit the phone at the border and let NASA tell the border guys to fuck off, which probably would have worked just fine. Property of the US govt doesn't have to be subject to US laws, its that whole sovereign immunity thing. I'm sure the phone was encrypted (they needed a PIN) so leaving it with the border guards wouldn't have revealed anything. I'm sure this guy is getting a few lectures on proper protocol for handling devices containing classifieds information.

    8. Re:wha? by Gilgaron · · Score: 1

      You're not allowed to show classified information to people--even with sufficient clearance!-- if they don't have a 'need to know' the information. Border Patrol most certainly does not have 'need to know' anything scientific that is a matter of national security.

    9. Re:wha? by unixisc · · Score: 1

      I overlooked the cited portion, but you're right. When I get a work phone, I don't give family or friends that number. In this age of cellphones, where all of us have our own and carry it around, if Sasha needs to call me, she has my number

      I can understand it some 20 years ago, when laptops and phones were expensive, and therefore employees used those for both work and personal use. These days, when just about everybody can afford both, there is little justification for putting the names of your friends or families on work equipment. From a personal POV, particularly since none of that data is private: the employer legally has access to it.

    10. Re:wha? by unixisc · · Score: 1

      No. If I go abroad, I'd take my own phone w/ me and use things like WhatsApp audio or video calling to contact family members (in addition to the normal text messaging on WhatsApp). Your company doesn't ask you to make your international calls on roaming, does it: they'd probably install a VOIP app on your phone like 8x8 or MagicJack and ask you to use that. Anywhere you'd travel for work, there'd probably be WiFi, and that can be used to run either app to make the calls.

    11. Re:wha? by unixisc · · Score: 1

      I thought that sensitive stuff is automatically classified at birth. His email definitely! Besides, if his phone is well encrypted, he may well have been allowed to put classified stuff there, since that would be backed up on their private cloud.

    12. Re: wha? by slashrio · · Score: 1

      So, the government could now sue a CBP officer for forcefully accessing data which he doesn't have the security clearance for?
      Nah, after what Clinton got away with, I doubt anyone could be convicted for that.

      --
      "Trump!!", the new Godwin.
    13. Re:wha? by flink · · Score: 1

      Federal government law enforcement agency requires federal government employee to unlock federal government owned phone for inspection. Controversial!

      Of course it's controversial. Did the officer show proper security clearance? Did he have a need-to-know? Was there a completed dd2875 on file for the officer? Did the officer give the scientist a chance to validate his credentials and need to know with the program manager?

      Another interesting question would be what is red material doing on a cell phone, especially one that was taken out of the country? I suspect there was no classified material unless this scientist was grossly negligent. Probably just some FOUO communications. Still bad, but not as bad as it could have been. I imagine he will still get chewed out for not just surrendering the locked phone instead of unlocking it though.

    14. Re:wha? by Cederic · · Score: 1

      Other way around. I have work numbers on my personal phone.

      I bought a phone I like and want to use. I occasionally carry a work issued device because it includes unlimited 4G data and a secure way to view work email.

      Use the work device as a phone? I don't hate myself that much.

  4. Yawn... by js290 · · Score: 2

    Govt searches govt property. So who's for more govt?

    --
    "Tempers are wearing thin. Let's just hope some robot doesn't kill everybody." --Bender
    1. Re:Yawn... by ghoul · · Score: 1

      This guy works on image analysis for telescopes in other words spy satellites which just happen to be large telescopes pointed downwards. Dont worry NASA will get its own back. Just who do you think launches the spy satellites? Are you telling me NASA has not put backdoors into the satellites used by DHS and the cops. This CBP agent may suddenly get pulled over because his license number showed up as wanted for kiddie porn. God help him if he happens to be a black male during that traffic stop.

      --
      **Life is too short to be serious**
    2. Re:Yawn... by JBMcB · · Score: 1

      This guy works on image analysis for telescopes in other words spy satellites which just happen to be large telescopes pointed downwards.

      The NRO runs the spy satellites and the Air Force launches them. NASA has nothing to do with them besides providing rockets and launch platforms.

      https://en.wikipedia.org/wiki/...

      --
      My Other Computer Is A Data General Nova III.
    3. Re: Yawn... by Anonymous Coward · · Score: 1

      That's what the cops say. And when was the last time a police officer lied?

    4. Re:Yawn... by SethJohnson · · Score: 1

      This is a very good suspicion. By downloading a full image of his phone's storage, the FBI or NSA gets photos of all the places he's been along with GPS breadcrumbs. It could very well be that this engineer crossed paths unintentionally with another surveillance target while traveling. Checking these breadcrumbs helps them determine whether they should add him to the surveillance list.

      I wholeheartedly disagree with his compliance with their requests. I just want to support the AC's rationale for why the engineer was selected.

    5. Re:Yawn... by grcumb · · Score: 2

      This guy works on image analysis for telescopes in other words spy satellites which just happen to be large telescopes pointed downwards.

      The NRO runs the spy satellites and the Air Force launches them. NASA has nothing to do with them besides providing rockets and launch platforms.

      You're right, but there's still a decidedly non-zero chance that the hi-res optics he has access to see a lot of classified things.

      --
      Crumb's Corollary: Never bring a knife to a bun fight.
    6. Re:Yawn... by popoutman · · Score: 4, Insightful

      This is a very good suspicion. By downloading a full image of his phone's storage, the FBI or NSA gets photos of all the places he's been along with GPS breadcrumbs. It could very well be that this engineer crossed paths unintentionally with another surveillance target while traveling. Checking these breadcrumbs helps them determine whether they should add him to the surveillance list.

      And that is a fishing expedition, and not allowed under the law, without a specific warrant.

      --
      - This sig deliberately left blank. Nothing to see, move along.
    7. Re:Yawn... by Wisp · · Score: 1

      That completely depends on the kind of work he is doing. Although you have to get a clearance it rarely means you have access or work on classified data.

  5. No, this isn't by hackwrench · · Score: 1

    First, the United States is not a monolithic entity. Second, educational standards across the country and over time are different, and lately have been generally regarded as poor. Third, 9/11 happened and many people think that everyone getting a trophy affects kids more than being raised by parents affected by this tragedy and the subsequent clamp-down by US authoritarians.

  6. Re:I don't mean to go all 'Papierin, mein herr,' b by Scutter · · Score: 5, Informative

    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?"
  7. Factory reset before you get off the plane. by quenda · · Score: 5, Insightful

    Wow, am wondering if I should be doing a factory reset before the plane finishes taxiing.
    Or will they then demand my Google/Apple password?

    Nah, I'm white. I'll wait 'till they come for us.

    1. Re:Factory reset before you get off the plane. by Darinbob · · Score: 4, Interesting

      Basically don't make any funny faces, give back any sass, or make eye contact while going through security or customs lines. The only joy in life these guys have is hassling people. It's a boring job, they're never going to get promoted and they know it, so they're going to take out their bullying instinct whenever they can. This is not government policy, these are individuals trying to prove that they have authority over you.

    2. Re:Factory reset before you get off the plane. by Darinbob · · Score: 1

      Haha, when's the last time you went through the security check point at an airport?

    3. Re:Factory reset before you get off the plane. by hey! · · Score: 5, Informative

      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.
    4. Re:Factory reset before you get off the plane. by Miamicanes · · Score: 5, Insightful

      I'd be more worried that they'd install NSA-grade bootloader-compromising malware capable of surviving anything short of JTAG-reflashing everything from the motherboard BIOS to the hard drive, videocard, and network card firmware, and turn my kick-ass laptop into one that mysteriously crashes for no apparent reason thereafter, even after I've reinstalled Windows multiple times (without even getting into the fact that it would be permanently compromised from a privacy and security standpoint). Think: Sony rootkit on steroids, with the nearly-unlimited of the US government and support from the legal system behind it (for the few who don't know, Sony's rootkit was distributed as a file that auto-ran if you inserted certain audio CDs to play them on your computer. It literally REFLASHED YOUR DRIVE'S FIRMWARE to disable functions used by ripping software).

      The question isn't whether the NSA has malware like that. They absolutely do. Google "Advanced Persistent Threat" ("APT"), and know that it's common knowledge that the US, Russia, Britain, China, and Israel (plus countless more) ALL have state espionage agencies with the resources to develop and deploy APTs... and they actively do it every single day.

      The NSA is full of self-perceived super-patriots who've willingly sacrificed every shred of their own privacy, and see nothing wrong with inflicting large-scale collateral damage to American citizens' computer hardware in the holy name of protecting the American homeland from any threat... major or minor, real or perceived. To their mindset, if deploying malware to the laptops of 14 million American citizens crossing the border in some given year causes Windows (or any network hardware that might be subsequently used by those laptops) to occasionally crash for no apparent reason thereafter, but enables DHS to prevent a single terrorist attack, it's 100% worth it, and as far as they're concerned, anyone who thinks otherwise is an evil commie terrorist-loving scumbag who hates America.

    5. Re:Factory reset before you get off the plane. by terminal.dk · · Score: 1

      I agree. Factory reset before crossing the borders, and restore your iCloud backup when you have passed it.
      Of course it will kill the hotel Internet, but if that is what the US wants, that is what the US gets.

    6. Re:Factory reset before you get off the plane. by gnasher719 · · Score: 1

      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 [aclu.org] of the "border zone" on their website.

      Don't tell Theresa May, or she will declare all of the United Kingdom to be "Border Zone".

    7. Re:Factory reset before you get off the plane. by stealth_finger · · Score: 1

      Yeah that is a lie. "I've been stopped and searched inside the US" Unless you smelled distinctly of pot or are acting dangerously suspicious, no one has the authority to do any search of your person within the US.

      Unless you live within 100 miles of a border where the constitution doesn't count, which includes airports and is most of the US. Look it up.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    8. Re:Factory reset before you get off the plane. by Cederic · · Score: 2

      Odd. I find making eye contact and smiling works very well. They're doing a boring dull shitty job and they know it, you know it, and why not treat them as humans.

      It also shows I'm not nervous, I don't feel threatened by them, I'm comfortable engaging with them and I don't feel I have anything to hide.

      Of course, ask me for the disk encryption password for my work laptop and it's going to be a more difficult conversation. One that involves an unfortunate level of memory loss and a recommendation to contact the information security team at my employer, who will be delighted to assist and could I perhaps get a cup of coffee while we wait?

    9. Re:Factory reset before you get off the plane. by thegarbz · · Score: 1

      Technically CPB agents may need reasonable suspicion

      OMG the many isn't pasty white! TERRORIST!

      That's about the level of thinking that goes into this process.

    10. Re:Factory reset before you get off the plane. by thegarbz · · Score: 1

      I'd be more worried that they'd install NSA-grade bootloader-compromising malware capable of surviving anything short of JTAG-reflashing everything from the motherboard BIOS to the hard drive, videocard, and network card firmware, and turn my kick-ass laptop into one that mysteriously crashes for no apparent reason thereafter, even after I've reinstalled Windows multiple times (without even getting into the fact that it would be permanently compromised from a privacy and security standpoint). Think: Sony rootkit on steroids, with the nearly-unlimited of the US government and support from the legal system behind it (for the few who don't know, Sony's rootkit was distributed as a file that auto-ran if you inserted certain audio CDs to play them on your computer. It literally REFLASHED YOUR DRIVE'S FIRMWARE to disable functions used by ripping software).

      Are we still talking about border security here? I'm more worried that the mental strain of reading the fingerprinting procedure out to passengers will cause them to uncontrollably drool and short out my device.

    11. Re:Factory reset before you get off the plane. by rahvin112 · · Score: 1

      There is a reason the ACLU has that border zone map on their website and it's to draw attention to the issue the courts have allowed to happen. There is solid supreme court precedent on the CBP having the right to basically search anything they want at entry and the only way it's going to change is if people get mad enough that congress takes that power away from CBP.

    12. Re:Factory reset before you get off the plane. by Xyrus · · Score: 1

      Wow, am wondering if I should be doing a factory reset before the plane finishes taxiing.
      Or will they then demand my Google/Apple password?

      Nah, I'm white. I'll wait 'till they come for us.

      Good plan. I heard it worked well in Germany.

      --
      ~X~
    13. Re:Factory reset before you get off the plane. by WaffleMonster · · Score: 1

      Wow, am wondering if I should be doing a factory reset before the plane finishes taxiing. Or will they then demand my Google/Apple password?

      Factory resets are worthless.

  8. Re: Trump doesn't run borders by Anonymous Coward · · Score: 1

    Wow, you're a special type of sheep aren't you.

  9. Re:I don't mean to go all 'Papierin, mein herr,' b by Anonymous Coward · · Score: 1, Informative

    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.

    Sigh. Border search exception.

  10. Exporting the Sensitive Information... by Anonymous Coward · · Score: 1

    Exporting the sensitive information from the US in the first place may be considered an offence (think rocket information == weapons information). You would need to be careful claiming that as a defence against search at the border.

  11. Racism at work by whoever57 · · Score: 5, Insightful

    Is there anyone here who doesn't think that the reason the guy was detained was because his skin color was too dark?

    --
    The real "Libtards" are the Libertarians!
    1. Re:Racism at work by MightyMartian · · Score: 2

      What percentage of Muslims do this. Go on, provide the statistic and how you arrived at it.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:Racism at work by Demena · · Score: 1

      With that surname he would be more likely to be buddhist from my memories.

    3. Re:Racism at work by Fringe · · Score: 1

      I don't think that. For several years I was "randomly" picked for a thorough search every time I boarded a flight back from Europe... which was every other month. I'm blue-eyed, white, clean-shaven, born in the U.S. and was usually in a nice business suit. We used to joke that it was because it's safer to search someone like me, as you know you won't find anything and you won't be accused of bias.

      You are making an accusation based on a single incident. It could have been an agent responding to Sidd being, e.g., belligerent, or some other country on his passport, or even just misinterpreting a recent memo.

    4. Re:Racism at work by mjwx · · Score: 1

      That, and his name. Very dangerous combination, darkened skin (not black) and middle-eastern sounding name. Must be terrorist. Works at JPL so even has access to rockets.

      Those of us who've had experience dealing with people from that part of the world, his name sounds more Indian in origin... And his skin is not even that dark.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    5. Re:Racism at work by wvmarle · · Score: 1

      That particular skin colour is probably (part of) the problem.

      Many Muslim terrorists appear to be originally from Middle East or northern Africa (or at least from such descent). Most people from those regions are actually not that dark tinted, a far cry from those further south (around the Sahara - very dark skin tones), lighter than typical Indian skin tones. Though I've encountered much lighter coloured Indians as well, skin tones quite similar to those of the Middle East.

      I suspect nowadays that light colour is perceived as the "wrong" colour. Just like black skins are associated with criminals, lightly tinted skins may become associated with terrorism, and all the prejudices with it.

    6. Re:Racism at work by tsstahl · · Score: 1

      With that surname he would be more likely to be buddhist from my memories.

      Memories? Of which life?

    7. Re:Racism at work by Cederic · · Score: 1

      Sounds quite American to me. Maybe I just work at a very diverse company but that name would not be remotely out of place for our employees in America.

      Plus I don't know any Indians called Sidd, although I guess it could be an abbreviation for one of those fantastic 23 character long names that even the Indians can't pronounce (or spell).

    8. Re:Racism at work by thegarbz · · Score: 1

      What you are is a calculated response in order to make the fact that they profile people of colour disappear in statistical muddle. It's the same reason why they will separately question 18 year old girls, 90 year old grandmas for security reasons because you know ... terrorism.

      Now that said I support it. Racial profiling isn't racist it's application of statistics to increase the likelihood of a positive match. If you're hunting ISIS, there's little sense in randomly pulling over blond haired blue eyed girls with a cross dangling around their neck. Sure terrorists could work around it but statistically random sampling is a huge waste of time given the number of people that come through airports.

      At least I would support it if I thought any of what the border guards do actually would make any difference. Somehow they don't make me confident that even someone claiming to be a terrorist on the way through carrying only ISIS memorabilia would actually be stopped from coming into the country.

    9. Re:Racism at work by TechnoJoe · · Score: 1

      Doubtful. If it was his skin color, they should have backed off when they saw his NASA credentials and US Passport.

      My money is on a double-agent taking an image of his phone, but the question is for whom? Someone on our side (FBI/NSA/CIA) or theirs (Russia/China)?

  12. He should not have had a NASA phone in Chile by laing · · Score: 1

    He violated US export regulations by bringing his NASA phone with him. It's understandable why they wanted to search it.

    1. Re:He should not have had a NASA phone in Chile by Anonymous Coward · · Score: 1

      For the most part, yes. I work for NASA. I have a government laptop but not a phone. I am expressly forbidden from taking the laptop out of the USA. Within the USA, I can travel with it freely, provided its encrypted (and it is, of course). We're not allowed to take unencrypted data off our facility site. If we have to ship a hard drive of data (happened before!), we have to encrypt that before shipping.

      We're not allowed to access _any_ NASA systems outside the country. This includes any email, webmail or on a device. Time cards are out, etc. Nothing. So he shouldn't have taken the phone with him because it had no work use at all.

      Now, we are allowed to use government hardware for personal use. Most of us don't have a second laptop; I use mine for occasional personal use, as do my coworkers. Those who have NASA phones don't have a phone of their own. But the expectation is that nothing on the laptop is private to NASA; my boss could come search my laptop if he desired to do so.

    2. Re:He should not have had a NASA phone in Chile by Overzeetop · · Score: 1

      True (well, I suppose - I never did international travel with NASA when I was there), but JPL is not NASA - it is a government contractor. Note that Sidd Bikkannavar was not identified as a government employee working for NASA, but rather that he worked at JPL. The only people NASA has in Pasadena are, essentially, contract managers. All the work is done by Cal Tech and outside contractors, if I remember my contracts correctly. The line is very blurred there from a public perspective, but from a contract one it is clear. It may have been NASA hardware, or it may have been CalTech hardware, or it may be hardware of another contractor.

      It does make me wonder if Android should add a "PIN to Wipe" to their "PIN to Unlock" screen.

      --
      Is it just my observation, or are there way too many stupid people in the world?
  13. Could be worse by RevDisk · · Score: 5, Interesting

    Back when I was in the Army, I unfortunately had a clearance. Which means when you go on TDY, you become a classified material pack mule. In this particular case, in addition to a bunch of sealed envelopes, I had to carry a stickered laptop. Unshockingly, electronics certified to handle classified material are labeled clearly to include the words "US Government Property" and "Protect from unauthorized disclosure". I was also traveling on a government purchased ticket using government ID. But in civvies, because post-9/11.

    Sadly didn't have my crypto carrier card as I wasn't carrying crypto material, that one gets you waved past any security checkpoint. TSA had semi-recently been spun up. Naturally US military people are high risk on aircraft, so we got selected for 'random searching'.

    TSA: Sign into the laptop and turn it over.
    Me: Uhm. No? It's a classified laptop, and I have no proof you have proper clearance.
    TSA: We handle government laptops all the time.
    Me: Not my problem. You can swab it for explosives all you want, but if it leaves my line of sight, I'm grabbing the real cops to arrest you while I call the FBI to report theft of classified material.

    They squawked like a bunch of chickens. Dumped out all of our stuff, triple checked everything. Sadly none of our stuff was easily breakable, because well, soldiers. Not for a lack of trying. They also tried to make us miss the flight. Like we cared, as again, government travel voucher. This was before body cavity searches and sexually assaulting folks, but it got pretty hands on. Laptop however remained within my line of sight and turned off the entire time. You could almost taste the bureaucrat rage. Got the "special" random selection treatment every time I flew (again, usually on govt dime) for a long while afterwards, so I guess they did get the last laugh.

    Hell, that's TSA and pretty expected. Fed buddy was made to bin his bottled water, but his loaded Sig and spare loaded magazines were fine. CBP made me dig out receipts to prove the booze I picked up in Ireland were from the duty free shop. I had him hold my SAW (a not small belt fed machine gun) while I dug around for the bottles and receipt. He didn't even blink. Never underestimate a government employee's ability to follow stupid rules.

    1. Re:Could be worse by blindseer · · Score: 5, Funny

      A friend of mine was on his way to one of those "fun" places in SE Asia. The TSA agent insisted on the soldiers, in full uniform, put their rifles through the X-ray machine. He, a Speicialist, began to protest but was quickly quieted by a senior officer. I guess the man in charge thought is was just easier to fulfill the idiotic request than voice any protest.

      Just what did this TSA flunky think they could find "hidden" inside these rifles? Might someone sneak a fingernail clipper inside? I'm not absolutely certain but I'm quite sure they had bayonets in their packs.

      --
      I am armed because I am free. I am free because I am armed.
    2. Re:Could be worse by Grishnakh · · Score: 4, Funny

      I see a good way of cleaning up the TSA here. Send military people, fully armed, on commercial flights, carrying classified information, with orders to protect--at all costs--this material from anyone without clearing accessing it. Anyone who attempts to take the material can be shot on sight.

    3. Re:Could be worse by ChrisMaple · · Score: 1

      Excellent. We need more people like you.

      --
      Contribute to civilization: ari.aynrand.org/donate
    4. Re:Could be worse by Goldsmith · · Score: 5, Informative

      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.

    5. Re:Could be worse by Anonymous Coward · · Score: 2, Insightful

      SE Asia? Probably checking there was no cocaine hidden in the barrels.

    6. Re:Could be worse by Miamicanes · · Score: 4, Insightful

      TSA confiscates nail clippers from pilots, too. The fact that there's a literal AXE hanging behind them in the cockpit (so they can smash the window and escape if the plane crashes and they somehow manage to survive long enough for the axe to be useful) has no effect on TSA's logic.

    7. Re:Could be worse by Strider- · · Score: 3, Interesting

      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.

      In a past life, I was a contractor who spent 3 months bouncing between FOBs in Iraq and Afghanistan. The day before I flew home, I was on a CH-53 flying back towards Kuwait where i caught commercial back to Canada. I was sitting next to the door gunner, and as we flew along I think we crossed a range, and he let loose a dozen or so rounds out of the .50 cal. I spent the entire trip home thinking "Please don't swab me, please don't swab me..." and thankfully they didn't. Of course, trying to explain where you had been for three months when you had two in/out visas from Kuwait and a blank spot in between was another matter...

      --
      ...si hoc legere nimium eruditionis habes...
    8. Re:Could be worse by mhotchin · · Score: 4, Insightful

      The logic is that the TSA doesn't 'know' the person in front of them is, actually, a pilot. He's just *dressed* like a pilot. If the TSA waves through pilots, then the bad guys will just pretend to be pilots.

      See 'Catch Me If You Can'.

      So, not *completely* stupid. The completely stupid part is taking toenail clippers away from anyone at all.

    9. Re:Could be worse by Anonymous Coward · · Score: 1

      The TSA's logic has absolutely nothing (0's to at least five significant digits) with actually protecting anyone or providing safety for anything at all. Their only raison d'ètre is to acclimate the population to being searched, accused and seeing their children molested by those "above themselves" on a daily basis, with the threat of the entire law enforcement apparatus coming down on them for "terrorism" should they balk at the dehumanizing treatment.

      After all, terrorism is like every other business; they want to keep a monopoly and won't accept rival startups.

    10. Re:Could be worse by Ihlosi · · Score: 1
      Why would CBP care if you paid duty in Ireland or not?

      That wasn't the purpose of the question. They wanted to know whether those bottles were bought from a shop and therefore contain what's on the label, or whether they were not bought at the duty free shop and therefore could have been refilled with something that provides a little more kick.

    11. Re:Could be worse by RevDisk · · Score: 2

      Probably because I admitted it was potcheen, which is Irish moonshine. I assume he wanted to make sure I was carrying the legal kind, not the illegal kind. Or he was making sure it was actually duty free. He asked if I was importing alcohol or tobacco. I said yep, potcheen and a 21 year old Glenlivet that I picked up in Shannon. He asked to see the bottles and receipt.

      So I forked over my SAW until I snagged the bottles. Then traded. He looked at the receipt for about a second then moved onto the next guy.

    12. Re:Could be worse by RevDisk · · Score: 1

      You'd love this article if you're a nitro-toluene guy: http://blogs.sciencemag.org/pi...

      Because adding hexanitroisowurtzitane isn't quite nerve wracking enough. You know, stuff that gets more stable when you add TNT. Someone added 98% hydrogen peroxide, then crystallized with acetonitrile. Same crazy chemists co-crystallized the beta-phase of HMX with CL-20, which I'm sure deeply interested the USAF folks.

    13. Re: Could be worse by RevDisk · · Score: 1

      Sadly, I own my own home. And my water heater just died, so it's yet another trip to Lowes this week. Still have to reseal the driveway, lay down engineered hardwood flooring in the living room, finish the trim work in the bathroom, always more landscaping, put in more curtains, the list never ends. Still, I got it for a very good price and I like having the extra space around the house.

      Happily am putting 10% (combined) into the 401K, plus $50 every week into direct investments. Retirement is on track. My parents were from the age were companies had pensions, so they're already retired and have an annuity for the rest of their lives. Actually, they just got back from a wine tour in Italy. I would like to travel more, but I mostly do more long weekend road trips rather than one or two week long trips per year. Spent a very nice long weekend in Harper's Ferry on kinda an extended date. My siblings and I are renting a cabin up in NY wine country on a lake for a vacation this year, house looks incredible.

    14. Re:Could be worse by swb · · Score: 1

      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.

      I doubt it would have worked, I think most security people are in the don't-believe-anything-they-say mode. The only thing that overrides it is force majeure -- a higher ranking individual within their own organization, or another security agency with greater power and authority and the ability to apply it to the conflicting agency on the spot.

      What I wonder about is how many TSA people have pissed off local or state PD, only to later feel the power of local authority. Probably nothing like experiencing a felony traffic stop, having your car impounded and spending the night in jail to re-evaluate the limits of power.

    15. Re:Could be worse by Grishnakh · · Score: 1

      TSA agents are not on airplanes in-flight. Are you stupid or just completely ignorant about air travel in the US?

    16. Re:Could be worse by whoever57 · · Score: 1

      What about TSA agents themselves?

      Why are pilots searched if the TSA agents can leave their posts and return to them without being searched?

      --
      The real "Libtards" are the Libertarians!
    17. Re:Could be worse by CrashNBrn · · Score: 1

      The logic of the TSA. They confiscate Zippos, but not matches nor disposable " Bic" lighters.

    18. Re:Could be worse by chpoot · · Score: 1

      To rate how good/bad better/worse things are, it's worth listening to the WNYC "On the Media" broadcast "What we know about the border". It begins with one of their own journalists being stopped and takes it from there.

  14. Congress and the courts know by AHuxley · · Score: 2, Informative

    what can be asked for when moving in and out of the USA.
    Having diplomatic immunity from another country is really the only way around that...
    If been from the USA was legally special, everyone from the USA would demand rights not to be searched..
    So Congress made sure everyone entering the USA would face equal, fair questions and searches.
    If a person would like not to be searched, find a way to get full diplomatic immunity...
    i.e. persons and property can be examined. No probable cause, no warrant, no "suspicion" protection to stop every search request.
    You can be searched, asked questions, have to show a device is what it should be.
    Until federal courts or Congress sets new laws or comments on the need for "suspicion" of criminal activity all searches are legal.
    Copies of your data are fine too. e.g. a camera can have its digital files looked at or recovered if deleted.

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Congress and the courts know by Gramie2 · · Score: 1

      Except that a former Norwegian Prime Minister with a diplomatic passport was detained at Dulles Airport because he had visited Iran in his official capacity.

      No one is actually safe from these buffoons, encouraged by the buffoon-in-chief.

    2. Re:Congress and the courts know by AHuxley · · Score: 1

      Thats fine in the USA but entering the USA is legally different.
      AC that laptop can be turned on, data copied and the device returned.
      Think of a digital camera. It can be turned on, all images looked at to see if a persons travel history is the same as what they said it was when asked.
      The camera card can be examined for images that got deleted or any use of encryption. The encryption might hold, the use of most encryption is detectable given the US federal budget.
      The images can be recovered and more questions asked.
      If everyone demanded "rights" as they entered the US then nothing could be searched and no questions asked. The normal inspections would slow up with the need for court orders for every bag inspection..
      US citizens could just wonder in with anything they wanted in their bags...

      --
      Domestic spying is now "Benign Information Gathering"
    3. Re:Congress and the courts know by TechnoJoe · · Score: 1

      If been from the USA was legally special, everyone from the USA would demand rights not to be searched

      Actually, being a US Citizen IS legally special. Specifically (IANAL):

      • Under international treaties ratified by Congress, a citizen of a country cannot be denied entry into their country. They can be detained/arrested but not denied/deported.
      • Property can be seized, but must be returned, eventually.

      Ultimately, this is what the person should have done. Refused to turn over the PIN, and then call NASA and tell them CBP confiscated his phone. Let someone above his pay grade sort it out. If his bosses want to turn over the PIN to CBP, they can turn it over.

    4. Re:Congress and the courts know by AHuxley · · Score: 1

      Every digital file can be opened. Encryption use can be questioned.
      The facts surrounding any file can be asked about. e.g. a recovered photo.
      i.e. you can be asked about a photo, have any device searched for a photo when questioned at the time.

      --
      Domestic spying is now "Benign Information Gathering"
  15. Re:I don't mean to go all 'Papierin, mein herr,' b by NonUniqueNickname · · Score: 5, Informative

    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.

  16. Use a burner phone going out of country every time by sasparillascott · · Score: 2

    The new administration is going to go for mass/personal surveillance even more than the prior administration (which was terrible) - count on these guys making a copy of every bit of personal data and messaging on that phone.

    I'd get a burner phone with very limited personal data on it and use that for international traveling unless you don't mind the govt getting a copy of everything on your daily driver phone and saving it forever to be possibly used against you when the time comes (and the tyrant is right, we can elect anyone). JMHO....

  17. Re:Trump doesn't run borders by mmell · · Score: 3, Insightful

    The US Government. Not a monarchy. Three branches. Checks and balances. Deal with it.

  18. Re:Stop complaining you crybabies! by Darinbob · · Score: 5, Insightful

    Why shut up? One of the few benefits left in this country is that we are allowed to criticize our government. This is actual our moral and civic duty to bitch at the government, otherwise the power goes to their heads and they start turning authoritarian. Democracy is not just something that happens every 2 years after which we go home and put up with whatever bullshit the government spits out.

  19. If this happens to you by guruevi · · Score: 1

    Ask them to contact your attorney and the attorney for whatever organization you're with and let them fight it out. Off course they'll insist they have the authority, but if your device is marked as classified, they don't.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  20. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1, Informative

    AFAIC, you really have little right to criticize the government if you voted for it, meaning you voted for the people you're criticizing. Doing so just makes you a hypocrite.

  21. Re:I don't mean to go all 'Papierin, mein herr,' b by Anonymous Coward · · Score: 4, Insightful

    Then pretty much every case was decided wrong. It's happened before you know. See, for instance, the moving to detention camps of US citizens of Japanese descent during WWII, which was ruled constitutional by the same screwed up institution. Heavy emphasis on "US citizens" there, because it's kind of important.

    There is nothing in the Constitution that says there's a 'border search exception' to the 4th amendment, and there's nothing in the Constitution that grants the government that power. This is wrong and it needs to be stopped.

    What they should do at the border is verify that you're a US citizen, do their tax thing if you bought stuff overseas, and that's it. People not covered by the Constitution (as in, non-US citizens) we can do what we want just as they can with us when we visit their countries--but this harassment of US citizens has to stop and I don't give a damn what happened on 9/11 that they use as a made up excuse for their illegal behavior. I feel trapped in my own country now because despite being a natural born citizen I don't feel safe leaving. I'm not afraid of other countries (well, most) but I'm very much afraid of my own government when I return.

    Now, I don't know if this person is a US citizen or not. A non-US citizen working for the US government is an interesting conundrum but at the very least the power tripping border guard should've checked with someone before proceeding on.

  22. Re:Trump doesn't run borders by ChrisMaple · · Score: 1

    The courts cannot legally act as legislators, but they do anyway. It is the courts that are destroying the balance of power.

    --
    Contribute to civilization: ari.aynrand.org/donate
  23. Re:I don't mean to go all 'Papierin, mein herr,' b by CaptainDork · · Score: 2

    Actually, the person who handed over the phone probably did not have standing to claim 4th amendment rights.

    The phone is not his.

    It belongs to NASA.

    For reference, see this about Microsoft:

    “Standing has been a barrier in cases that seek to vindicate people’s privacy rights,” said Jennifer Granick, a Stanford Law School professor. “It’s a serious issue in conducting constitutional litigation, and this case is no different.”

    Four court decisions listed by U.S. District Judge James Robart in Seattle all reached the same conclusion -- Fourth Amendment protections can only be cited by individuals, and not vicariously by third parties. The most recent was a 2014 U.S. Supreme Court ruling that the family of a driver who was shot and killed by police after a high-speed chase couldn’t invoke that right on his behalf related to a lawsuit over his death.

    --
    It little behooves the best of us to comment on the rest of us.
  24. it's been like that for a while (EFF) by ooloorie · · Score: 2

    Here is the EFF advice for crossing borders with digital devices, from 2011:

    https://www.eff.org/wp/defendi...

    1. Re:it's been like that for a while (EFF) by naughtynaughty · · Score: 4, Informative

      Some more up to date advice:

      https://www.wired.com/2017/02/...

    2. Re:it's been like that for a while (EFF) by tepples · · Score: 1

      That site misdetects my tracking blocker as an ad blocker.

    3. Re:it's been like that for a while (EFF) by thegarbz · · Score: 1

      That site misdetects my tracking blocker as an ad blocker.

      I didn't realise there was a difference.

  25. Re:Trump doesn't run borders by Darinbob · · Score: 2

    The president can not make a ban based on religion, and yet that is what he claimed this was even though the wording in the order itself made it muddled. Thus, put it on hold until the lawsuits go through. This is not judicial activism, this is the courts doing what they are supposed to do - the president does not have the power to dismiss a lawsuit unilaterally and so the courts must get involved.

    So the original judge, appointed to Dubya, is a leftist hack? No one is getting killed over this. If we cared about safety we would have had the ban on Saudi Arabia and Pakistan as well. This is 100% about Trump keeping a poorly thought out campaign promise.

  26. Re:sensitive information in a foreign country !!!! by ChrisMaple · · Score: 1

    And if he was really concerned with protecting data on his phone, instead of surrendering it he should have dropped it on the floor and crushed it. Unlocking it then becomes moot.

    --
    Contribute to civilization: ari.aynrand.org/donate
  27. Re:No words... by ooloorie · · Score: 1

    Key disclosure laws are common around the world:

    https://en.wikipedia.org/wiki/...

  28. Re:Stop complaining you crybabies! by Darinbob · · Score: 4, Insightful

    So what? Being a hypocrite is within our rights. Of course you criticize who you vote for! We've done that in the US ever since the very first election; we do it at the presidential level and at the level of the local dog catcher. Even when a president gets a majority vote, in both electoral and popular vote, the president is still accountable to the people and the people are free to express their opinion on the matter.

  29. What's JPL's policy on taking equipment abroad? by scottpig · · Score: 3, Interesting

    If the guy's abroad on a personal trip, why's he carrying his JPL issued phone with him? That seems like a security no-no.

    I've never worked at NASA but I have been issued equipment by government contractors and taking it out of the country while on personal trips was expressly forbidden. I never traveled abroad on company business but my understanding was that for at least some destinations the security department would require you to take a different laptop that only had the data you needed for the trip on it instead of your usual one. I'm not sure if that was for every destination or just for the more hostile ones.

    1. Re:What's JPL's policy on taking equipment abroad? by Anonymous Coward · · Score: 1

      I work for NASA. I have been issued a government-owned laptop but not a phone.

      Government property can be carried domestically without issue. There's a form I'm supposed to carry at all times but it really only matters going out of the facility gate. No one at the TSA knows about this NASA form. Internationally....nope. Can't take the laptop out of the country. I'm not sure about phones but I suspect it's the same story.

      Almost none of what NASA does is classified. Some of it falls under ITAR or EAR materials, but that material is viewable by US Citizens and Permanent Residents who work for a US company. Thus, it wouldn't be an issue for the TSA agents to see some of the data.

    2. Re:What's JPL's policy on taking equipment abroad? by RTR_1 · · Score: 1

      I used to be a NASA Civil Servant (now a NASA contractor) and for the last few years we were NOT given permission to take our government-provided smart phones out of the country for any reason (probably because too many got lost or stolen). It could be a Cal Tech phone and not really a NASA one? Or he's just stupid?

  30. Re: I don't mean to go all 'Papierin, mein herr,' by Anonymous Coward · · Score: 1, Insightful

    BS, if it's crossing and physical, search it. If it's crossing and electronic (data), then don't bother because it's coming in either way (network) and to search it means risk of permanent retention and data abuse.

  31. Re:Definition of left by hackwrench · · Score: 2

    Depending on your definition, pretty much everyone involved with government is Leftist. https://www.reddit.com/r/expla...

  32. Doesn't matter by Snotnose · · Score: 1

    Until a celebrity gets the same treatment it won't matter, because 99% of the sheeple don't follow /.

    Let this happen to Beyonce and rejoice.

  33. Re:Stop complaining you crybabies! by Yosho · · Score: 5, Insightful

    Actually, you have the right to criticize the government as much as you want, regardless of who you voted for or even if you didn't vote at all, thanks to something call the first amendment. Suggesting otherwise makes you anti-free speech.

    --
    Karma: Terrifying (mostly affected by atrocities you've committed)
  34. Re:Stop complaining you crybabies! by Grishnakh · · Score: 2

    The First Amendment fails to keep you from being a hypocrite and an idiot though.

    If you didn't think the candidate would be very good (and apparently they're so bad you're out there complaining about him), then why did you vote for him?

  35. Re:Stop complaining you crybabies! by Grishnakh · · Score: 2

    Just like the other poster said: if you complain about the person you voted for, and then you go and re-elect him, you're a moron and a whiner, and your criticism is useless.

  36. Re:No words... by OhPlz · · Score: 1

    That's when you give them the code that wipes the device.

  37. Re:I don't mean to go all 'Papierin, mein herr,' b by Woldscum · · Score: 1

    Why did he take NASA issued equipment out the US? What if another country did the same search?

  38. Getting data across the border by naughtynaughty · · Score: 4, Funny

    Just put your data on a micro SD card and hide it in a Rubiks cube

  39. Re:Stop complaining you crybabies! by Yosho · · Score: 1

    Being a hypocrite and an idiot have no effect on your rights.

    I didn't vote for whoever you're talking about. Why are you assuming I did?

    --
    Karma: Terrifying (mostly affected by atrocities you've committed)
  40. Re:No words... by ooloorie · · Score: 1

    That may seem clever, but it may well subject you to criminal penalties (destruction of evidence).

  41. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    I'm not talking about any candidate in particular, I'm speaking abstractly. Fill in the blank with any candidate you want. I'm also not talking about legal rights here; you're reading too much into my earlier comment.

  42. Re:Trump doesn't run borders by Darinbob · · Score: 4, Insightful

    They act as legislators only by clarifying laws that are brought before the court during a lawsuit. And yes, the laws are indeed vague many times. They are made vague because it's easier to get them passed that way.

    So for example, someone commits a crime, during the trial the defendant complains that evidence was seized illegally, or that he didn't know about certain rights; this gets brought before the courts to decide. The courts do not seek out these cases on their own. Then there's a conflict at the heart usually; the executive has some authority to do searches and obtain warrants, but the constitution forbids unreasonable searches, both sides have very good points. So the courts have to decide. Very often the conflict is between what current legislators think the meaning should be and what the current executive thinks the meaning should be. It's a tug of war, both sides want to enhance their own power while diminishing the power of the other side.

    Note that almost nothing gets to the supreme court without there being a real solid conflict at the core with complex legal issues involved (except maybe the bush v. gore case). This is because most cases trickle up through the court systems, there have been appeals already and usually a disagreement between different circuit courts. Many of these "activist judges running amok!" cases would have that accusation no matter which way they ruled.

    Citizen's United case is cited as an "activist court" decision, people hate that decision on the left and the right. Politicians love it though so it won't change anytime soon. However it was a real case brought all the way to the court with very good justification on both sides of the issue. Just because the decision was awful (and I think it was) does not mean the supreme court was being activist. Their job was to settle the dispute. And they decided that a group of people has the same rights as a single person, essentially, and that you could not restrict the free speech of a group of people even if that happens to be a corporation. People don't hate that decision because it violates the constitution or various laws, but because it violates how we want the law to be. The only way to fix that is with a constitutional amendment.

    Now if congress does not like how a court rules, then the congress already has the power to override this, if they can get a law passed to clarify rules and enough votes to overcome a veto. But it's easier to just bitch that the courts are out of control because it agrees with the executive branch on occasion. If they don't like the courts then they need to be more clear with the laws and make sure the laws don't conflict with each other or conflict with the constitution. Also, complaining about the courts is an easy way to get re-elected.

    There's a long history here too. Jefferson hated that Marshall did not allow the executive more power and accused that court of being "despotic", the same dispute that started to give the constitution actual weight instead of just a pretty piece of paper that could be ignored when politically convenient.

  43. Re:Definition of left by Demena · · Score: 2, Informative

    Pretty much everyone human is leftist. Even Republicans.

    The US uses its own (wrong) definitions that confuse the rest of the world.

  44. Re: I don't mean to go all 'Papierin, mein herr,' by bigfinger76 · · Score: 4, Informative

    All men created equal, it says.

    If by 'it' you mean the Declaration of Independence, then you'd be correct. The Constitution, however, does not contain these words.

  45. Re: If You Don't Like To Follow Trumperica Rules T by Demena · · Score: 1

    After you, sir.

  46. US Citizen by Anonymous Coward · · Score: 1

    I knew as a Canadian I am privileged to cross the US border but I had no idea a US citizen had to deal with this. I always assumed if a Canadian border guard gave me shit I (and I had nothing to hide) I could tell them to go fuck themselves. Who are they and what added rights have they been given to keep me out of my country? And I will tell them to go fuck themselves if they try this garbage with me and I can't think of a thing they could to do retaliate (again, because I have nothing to hide).

    So then the question becomes, why do Americans have to deal with such bullshit? The guy is a citizen (it's irrelevant that he was born there - a citizen is a citizen either way). What right does some powertripping asshole have to detain him? I really don't know the rules, so I'll ask: what if he resists and just drives off? If he's he's not committing an offense and if has nothing to hide, what right does one man have to tell another man he can't enter his own country? This kind of shit makes me very angry.

    1. Re:US Citizen by Straif · · Score: 1

      Canada border services has pretty much the same powers as their American counterparts. They can't keep you out of the country since you are a citizen but your goods and possession are subject to almost any search they want to perform, without a warrant.

      So while telling the border agent to "go fuck themselves" when they ask for your laptop won't keep you out of the country, it will most likely mean you are going home sans 1 laptop until such time that they 'decide' it's no longer of interest for them to hold it.

      --
      Of course that's just my opinion...... you could be wrong!
  47. Re:Stop complaining you crybabies! by Darinbob · · Score: 2

    Re-elect? I wasn't talking about that. I was talking about being elected period.

    And if you're voting for the lesser of two evils, then how is it hypocrisy to complain that the lesser evil is still evil?

    Most people these days vote against one candidate by voting for the opponent. They're not usually thinking "I love every single thing this person says" when they cast the vote. For example, Dubya runs against Kerry; should the people who complained about some of the things Dubya gone and voted for Kerry even if they didn't like Kerry? Should the people complaining about Obama have gone and voted for Romney even if they don't like Romney? No. If you prefer candidate A over candidate B then you should vote for candidate A even if that candidate isn't perfect.

  48. Climate data by Camel+Pilot · · Score: 5, Funny

    The Border guard was just being sure the guy wasn't trying to sneak any climate data into the US

    1. Re:Climate data by Drethon · · Score: 1

      The Border guard was just being sure the guy wasn't trying to sneak any climate data into the US

      I'm pretty sure that was an executive order...

  49. Re:Stop complaining you crybabies! by Demena · · Score: 2

    Oh, Yes!

    Two political parties, 300 million voters.

    You are expecting a one-to-one relationship on every possible issue?

    Look dear, you need to take some basic lessons in thinking if you are attempting a species upgrade. Human thought can be sophisticated.

  50. Re:"Bikkannavar says he was..." by Anonymous Coward · · Score: 1

    He's got a foreign sounding last name, and that makes him a potential terrorist.

    Unless you have a native American name, you have a foreign-sounding last name in the USA. Unfortunately, the descendants of the first batch of invading foreigners are having a hissy fit about subsequent foreigners following in their footsteps.

  51. Re:Not a real American by Demena · · Score: 2

    You are a native american then?

    If not, then as you say, fuck off home. Back where _you_ came from.

  52. Re:Stop complaining you crybabies! by Demena · · Score: 1

    I made no claim to that. The only reason that I responded was because it is extremely rare to find such bald stupidity. Even the least of us reason better than that. There were so many flaws with his (lack of) reasoning that trying to address anything would have been like trying to address an ever growing fractal image while the actual significance reduces. An exercise in futility and a miserable task to attempt.

    So, I just addressed the basic stupidity. You can not get one to one correspondences with different numbers and to expect so borders on the insane.

    It might seem a bit ad hominem but that is not the intent. The intent was to address the basic flaw from which fractal silliness follows before we descended into it.

  53. Don't get a burner phone, get a drop phone by Anonymous Coward · · Score: 1

    I'd get a burner phone with very limited personal data on it and use that for international traveling

    Why? That seems super annoying.

    Instead get the burner phone, and do nothing with it. Take your real phone, and enjoy it. Then as you are traveling through customs, if they ask to see your phone hand it over... the burner phone that is, and provide them the PIN. If you swap in the SIM on the plane they can't say it's not your primary phone, and how would they know anyway... they are just going to attach the device to some system that sucks data. So give them something to suck on, as it were - and everyone is happy. The show goes on!

    Posting Anon so only the CIA knows who I am. Hi Bob! How are the kids?

  54. Re:I don't mean to go all 'Papierin, mein herr,' b by EvilAlphonso · · Score: 3, Interesting

    To date, my electronic devices have only been inspected (beyond "can you turn it on?") by the US border control. Granted, there may be others in the world but I normally don't travel to totalitarian hell-holes.

    One of my previous employers made a policy in 2008 about what devices could be taken through the US border control and under which circumstances. Exec summary: if not on official business, no device from the employer can be taken to the US. If on official business, a loaner laptop is handed out and it will be re-imaged on return.

  55. Not A Chance With Our Guys... by Frosty+Piss · · Score: 1

    Our aircrew flying back from a one way trip carry classified laptops all the time. TSA can look in the bag we carry them in, but they can't touch the laptop. Not a chance. Ever. For any reason. Not going to happen. Tough shit. And they are not curriers, their aircrew in civies.

    --
    If you want news from today, you have to come back tomorrow.
  56. Re:Its his OWN fault ! by Z00L00K · · Score: 1

    He may very well have represented NASA on the site in Chile - it was electric cars, something that NASA has an interest in.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  57. Follow Proper Procedure: Call Company's Legal Dept by BBF_BBF · · Score: 2
    The proper procedure is: If stopped by any US agent and asked to reveal passwords for equipment issued by one's employer is to refuse to reveal the password until permission is granted from one's employer.

    The phone/computer/whatever IS NOT YOUR PROPERTY and ALL THE INFORMATION on it is the property of YOUR EMPLOYER.

    So just kindly tell the border agent that one must obtain permission from one's employer before revealing proprietary company information. Pretty much tell them that one has to get permission from one's company's legal department to reveal the unlock code for any company equipment because it's not one's own decision to make to reveal company proprietary information to a third party. That's pretty much standard policy for any company.

    However, if it's one personal device, it's definitely it's within one's right to not give the border agents the password, but then it's also the border agent's right to detain you till you do, or till some other agreement is reached. Unless you can contact a lawyer immediately and have the funds to pay one, then without a lawyer helping you out, it's going to be difficult for you to navigate the legal minefield.

  58. hmm by superwiz · · Score: 1

    Why would JPL not wipe any sensitive info from phone cache after it gets locked (or worse gets put in a plane mode). If nothing else, if there is lost luggage or a plane crash, wouldn't they want to make sure that national-secret level info is not in the wrong hands? And after the phone is unlocked, why isn't there a separate security handshake before any sensitive data is populated in the phone's apps from the network?

    --
    Any guest worker system is indistinguishable from indentured servitude.
    1. Re:hmm by Gilgaron · · Score: 1

      They could remote wipe the phone, but he probably wasn't allowed to call it in... if they copy the encrypted partition before giving the phone back then the bad guys have however long they need to try to crack it.

  59. Re:Stop complaining you crybabies! by Rockoon · · Score: 2

    And if you're voting for the lesser of two evils, then how is it hypocrisy to complain that the lesser evil is still evil?

    It is hypocritical to help evil and then complain about the evil you helped.

    If you vote for the lesser of two evils, you are still supporting evil.

    --
    "His name was James Damore."
  60. Re:Not a real American by Demena · · Score: 1

    I too had believed that to be the case. I have recently read that there is some reconsideration of this from a number of disciplines so my judgement is currently served. But even the Americas are not native to America. It all comes from what was before.

    But all you do is reinforce my point. There is no "home". We are a migratory species. That is why we have survived so far.

  61. Re:Trump doesn't run borders by Darinbob · · Score: 3, Interesting

    There are laws that the president cannot break. Treaties are laws. He would need congressional approval to break the treaties, including UN treaties. The president cannot increase the number of green card holders without congressional approval. Deportations require review by the courts, as constitutional due process applies to everyone in the US, legally or not. Opposite of that, the president also can't make all illegal immigrants legal by himself. Current immigration law forbids discrimination of immigrant visas on the basis of race, sex, or place of residence; though the president can impose stricter background checks ("extreme vetting"). Of course presidents have often overreached here.

    Congress has the plenary power to regulation naturalization in the constitution, and because the constitution does not mention immigration the supreme court has held that this clause gives congress plenary power to regulation immigration. Nowhere in the constitution is the president granted powers over naturalization or immigration, although the executive does enforce these laws and regulation with some latitude granted by congress.

    Unless you can point to the clause in the constitution that says otherwise, this is the job of congress. Which is one reason everyone was so angry at unilateral action taken by president Obama.

  62. Not New by JimSadler · · Score: 1

    Clear back in the mid 1980 era we had engineers on domestic flights that were held at airports until FBI folks could bring in an engineer to inspect the circuits with a fear that we could be handing over technology to foreign agents. It was an odd sort of thing as apparently the fear was that an engineer could hand over a circuit board while in flight, to a person who would transfer to another flight leaving the US. Usually our people were carrying either computer boards or robotic boards, none of which were in violation of any guarded secrets.

  63. Re:Stop complaining you crybabies! by Darinbob · · Score: 1

    Yes, the candidates were not really "evil". It's a figure of speech. It means voting for the candidate that is the least imperfect.

  64. He didn't have authority to grant permission by buss_error · · Score: 5, Informative

    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.
    1. Re:He didn't have authority to grant permission by Perl-Pusher · · Score: 1

      Not only are you not a lawyer, you also know nothing about export control. This story is crap. Not only does he not have any expectation of privacy on that device he had to sign a waiver saying as much when he was given it. And if there were anything sensitive on it he would be in jail not posting on Facebook.

  65. Re:Follow Proper Procedure: Call Company's Legal D by dargaud · · Score: 1

    Now, slightly different case. Hear me out:
    - You work for a FOREIGN gov agency on critical material (say nuclear for instance)
    - You are invited to the US for a collaboration, so you take work (encrypted) laptop with you.
    - You are not allowed by your gov to give access to anyone
    - At US border, TSA asks for access.
    What do you do ? What CAN you do ?

    --
    Non-Linux Penguins ?
  66. Re:I don't mean to go all 'Papierin, mein herr,' b by JaredOfEuropa · · Score: 3, Insightful

    In other words, "think of the children". A poor excuse for this sort of thing if there ever was one... because if it is an excuse, why stop at border checks? Why not have cops bust down people's doors on a regular basis to go through their porn pile? Do random stop-and-searches?

    There may be valid reasons for allowing searches at the border that are not allowed elsewhere, but finding kiddie porn isn't one of them.

    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  67. Re:Follow Proper Procedure: Call Company's Legal D by ledow · · Score: 2

    "but then it's also the border agent's right to detain you till you do"

    Or get a warrant to say it's necessary.
    Which would probably be refused.

    The fear of "we'll just hold you until you co-operate" is not due process.

    You object.
    You wait.
    Then you call in the lawyers (in this case JPL's, I imagine).
    Because - as stated - they have no right to demand the passcode.
    Hell, I'd be making them sign an NDA. As in YOU PERSONALLY sign the NDA to tell me what you'll do with the information in the phone. They'll refuse, of course they will, but it's not like I'm being uncooperative, I'm asking you to document, receipt and provide data security for that thing you're trying to access, which is a core part of evidence preservation anyway.

    But there is a reason that I a) wouldn't enter the US, b) wouldn't try to take any electronic devices even if I did.

    This guy worked for JPL. Imagine what that's doing to your foreign workers and people on business trips from other countries. They just aren't going to want to do business with you if their secret patents are being shared willy-nilly around the TSA offices without some kind of guarantee.

    Hell, if they asked for my social media, I'd refuse beyond showing them my (locked-down) public Facebook page. If that gets me detained, even theoretically, then I'm not risking going at all.

    The US is so anti-foreigner nowadays that they are basically going to cut themselves further off from the world than their own ignorance takes them anyway.

  68. Re:Use a burner phone going out of country every t by AmiMoJo · · Score: 1

    Burner phones are not very convenient for individuals though. Expensive to keep getting good ones, and of course you need a burner laptop as well.

    With the phone I do a backup and factory reset. With an encrypted device it's safe. With the laptop the SSD is encrypted and it needs a USB drive with the decryption software on it to boot. I don't carry that USB drive with me, I just keep an image of it online so I can download it when I get where I'm going. Instead, I throw a Windows install on it that I show to the border security people if they ask.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  69. Re:Trump doesn't run borders by Damouze · · Score: 1

    Checks and balances...

    --
    And on the Eighth Day, Man created God.
  70. Re:Trump doesn't run borders by gnasher719 · · Score: 1, Insightful

    The Ninth Circus arrogated a power they do not have.

    Many people disagree with you. Most important, the right-wing judge whom Trump wants to add to the Supreme Court of the USA disagrees with you. In public. If _that_ man says that a court is right and Trump is wrong then you can believe it. (Like when _the NSA_ says that backdoors in phone encryption is bad for national security, then you can believe it).

  71. Social engineering by CptLoRes · · Score: 1

    If you find yourself in need of access to some restricted information, just pretend you are from CBP and get them to unlock the phone/computer for you. Pretty much makes encryption worthless.

  72. Re:Follow Proper Procedure: Call Company's Legal D by Ihlosi · · Score: 1
    > What CAN you do

    Two words: Diplomatic incident.

  73. Self-destructing cellular policy and Catch-22. by geekmux · · Score: 1

    Our corporate devices are protected with an MDM policy that essentially wipes the phone after X number of failed attempts to unlock it.

    I'm wondering how would he have fared if his nerves got the best of him and he accidentally wiped his device prior to handing it over. Or if he would have wiped his device on purpose if his company held a corporate policy against coercive acts designed to avoid data breaches.

    This activity certainly begs the question as to what corporations should do in order to protect their data, which ironically it is often times US Government policy that mandates federal contractors protect sensitive data.

    Thanks to the War on Terror for this bullshit Catch-22.

  74. Re:Stop complaining you crybabies! by squiggleslash · · Score: 1

    OK, to state the blindingly obvious:

    1. You generally only have two options, and usually those options are "If you don't vote for me, the even worse one gets in." Trying to prevent Neo-Mussolini from being elected by voting for Neo-Nixon doesn't mean you support Neo-Nixon's views.

    2. All politicians do things they weren't associated with previously.

    3. All politicians support a range of policies, there's never going to be an exact match between a voter's and the person they vote for.

    4. Politicians require feedback from you, the citizen. Saying people who support a particular politician should shut up if that politician does something they don't support essentially ends that feedback loop.

    5. People change their minds.

    So no, nobody's a hypocrite for criticizing a government they voted for. When you're a little older, and vote for the first time, you'll learn this the hard way.

    --
    You are not alone. This is not normal. None of this is normal.
  75. Re:Trump doesn't run borders by Maritz · · Score: 1

    LOL. The last time an American was killed by an immigrant from those 7 countries was 1975. The Saudis, who did 9/11, are still allowed in. "Safety". Pathetic.

    --
    I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
  76. Re:"Bikkannavar says he was..." by stealth_finger · · Score: 1

    He's got a foreign sounding last name, and that makes him a potential terrorist.

    Unless you have a native American name, you have a foreign-sounding last name in the USA. Unfortunately, the descendants of the first batch of invading foreigners are having a hissy fit about subsequent foreigners following in their footsteps.

    And even then the natives came from somewhere else first. Following this logic unless you're African living in Africa (could even narrow this down to South Africa) you're an immigrant.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  77. Hindsight by nehumanuscrede · · Score: 2

    The good folks in US Intelligence might want to whisper a few things into the ears of Customs regarding their search rules.

    It is a bit more difficult to keep tabs on folks traveling abroad when they decide to leave their tracking devices. . . . . .er phones at home due to the issues experienced at the borders.

  78. Just a second. . . . by Salgak1 · · Score: 1

    . . . .why are we keeping "sensitive information" on a PHONE ?? If it's protected government information, then protect it ***properly***. Yes, it's a pain to label, wrap, register, and put into a courier pouch for transit. And get a validated courier ID card and a Transit Letter for the particular documents and/or items. But that is the protocol.

  79. Re:Stop complaining you crybabies! by mjwx · · Score: 4, Insightful

    Why shut up? One of the few benefits left in this country is that we are allowed to criticize our government. This is actual our moral and civic duty to bitch at the government, otherwise the power goes to their heads and they start turning authoritarian. Democracy is not just something that happens every 2 years after which we go home and put up with whatever bullshit the government spits out.

    That's the point.

    The same people who whinged and bitched about Obama now want you to shut up about their golden boy. They're so brainwashed that they cant even see they're party to destroying freedom in the US. If it means keeping the other team down, they'll happily sacrifice everything.

    Also dont get used to being able to criticise your government. They're already eroding that right by going after the press that isn't towing the party line. Those people telling you to shut up over the internet, they could be out in brown shirts telling you to do it in person sooner than you think.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  80. Re:Trump doesn't run borders by stealth_finger · · Score: 1

    Perhaps you forgot, Trump isn't allowed to run the borders. They are now run by the 9th circuit court of appeals. You don't like it, take it up with them.

    They unconstitutional took control of the borders and who enters and under which rules from the executive branch based on "I don't like what he is doing" without even mentioning the law that they used to do it.

    Give lefties an ounce of power and this is what you get.

    I'm curious, how much power do you think Trump has, or should have versus how much you think Obama had, or should have had?

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  81. Illegal search by Anonymous Coward · · Score: 2, Insightful

    NASA more standing than the oldest US LEO?

    You know what should have more standing than "the oldest US LEO"? (which the border authorities aren't, constables and sheriffs are, but we'll let that pass)

    The bloody constitution.

    The person was a US citizen.

    The search was not reasonable, and was therefore not legal. Because:

    o There was no warrant describing the place to be searched or the things to seize
    o There was no oath or affirmation
    o There was no probable cause

    The constitution explicitly says that the right against searches and seizures defined by the above shall not be violated. The constitution is what authorizes our form of government. No one who isn't a drooling sycophant could possibly read the 4th amendment any other way.

    While complying may have been the thing to do in the sense that the US government has indeed arrogated the power to do unconstitutional searches, and there could have been significant consequences based upon that unauthorized power, let's be 100% clear: The USG was acting entirely out of bounds here.

  82. You mean, "government out of control" by Anonymous Coward · · Score: 2, Informative

    There is no border search exception in the constitution. There is, however, an explicit set of prerequisites that must be met to search a citizen for sure, and probably any person as well, though in this case that doesn't even come into it.

    Before anyone starts yelling "but the courts", the courts gave themselves the power to make law that violates the constitution; the constitution did not. So they are acting illegally when they sanction such laws; congress is acting illegally when it makes such laws; border agents are acting illegally when they enforce such laws.

    As soon as someone says "there are exceptions to the constitution", you know they are making an incorrect argument. There is no such thing. The moment you accept that there are, it becomes merely advisory, and you then are advocating for a pure oligarchy. The only ambiguity in the constitution arises when one part is in conflict with another part; in that case, questions do arise with regard to which part holds sway; but in the case of search and seizure, there is no ambiguity. At all. This is an explicit limit on government.

    For those who have never read the constitution, it supplies the flexibility required to authorize such things in article five, which explains how the amendment process works. Not in article three, which defines the authority of the Supreme Court, and which contains not one word about the Supreme Court being able to alter the constitution according to their current whims.

  83. Jail has doctors that cover more then the ER and u by Joe_Dragon · · Score: 1

    Jail has doctors that cover more then the ER and under GOP healthcare plan may be the only place to go if you have pre-ex.

  84. Re:Trump doesn't run borders by stealth_finger · · Score: 1

    The President can make a determination on who gets to immigrate based on ANY CRITERIA WHATEVER. He doesn't HAVE to let ANYONE immigrate. That's a legal fact. Sorry to intrude reality on your sorry delusion.

    If it was just people immigrating that might be fine but he basically unilaterally stopped access for any holder of passports of these countries including holidaymakers, workers, that Iranian director guy who was going to some awards ceremony and people just passing through on connecting flights.

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  85. Extremely simple fix by kbdd · · Score: 1

    Have two pins, one that normally unlocks the phone, a second one that wipes the phone before unlocking it. Make sure you do not confuse the two when asked for the pin by CBP. Problem solved.

  86. Tourism drops by kaur · · Score: 3, Informative

    Travel / tourism to US is plummeting.
    The size of the effect varies by source:

    6.5% - http://www.reuters.com/article...
    17% - http://time.com/money/4662727/...
    25% - https://www.theguardian.com/tr...
    50% - http://ttgnordic.com/interest-...

    I am European.
    I have been to United States tens of times, both on company budget and on my own.
    I won't come back, unless pressed really hard by my employer.
    Why should I?
    The world is full of wonderful places.
    Why should I choose a country which is openly hostile to visitors?

    1. Re:Tourism drops by TechnoJoe · · Score: 1

      Why should I choose a country which is openly hostile to visitors?

      Um, Saudi Arabia will put you in prison if you try to bring in alcohol; show up intoxicated; bring in more Bibles than you need for your own personal use; or eat, drink, or smoke in public during the month of Ramadan. They will cut off your head if you try to smuggle in drugs (although I have less sympathy for this one).

      I wouldn't run the CBP the way it's being run now. However, if you think looking through facebook posts and electronics is "openly hostile," then you have been living a very sheltered life.

  87. Re:I don't mean to go all 'Papierin, mein herr,' b by Holi · · Score: 4, Insightful

    While that's a lovely fiction created by our government, it really does not pass constitutional muster.

    It really is cut and dry as written and not really open to "exceptions".

    "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."

    It is easy for the government to stay within the law, just issue a warrant stating what you are looking for, but the 4th is specifically designed to stop fishing expeditions. That along with the right to travel freely really makes these laws questionable on the surface.

    Kent v Dulles:
    The right to travel is a part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment. If that "liberty" is to be regulated, it must be pursuant to the law-making functions of the Congress. . . . . Freedom of movement across frontiers in either direction, and inside frontiers as well, was a part of our heritage. Travel abroad, like travel within the country, . . . may be as close to the heart of the individual as the choice of what he eats, or wears, or reads. Freedom of movement is basic in our scheme of values.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  88. Re: I don't mean to go all 'Papierin, mein herr,' by luis_a_espinal · · Score: 1

    All men created equal, it says.

    If by 'it' you mean the Declaration of Independence, then you'd be correct. The Constitution, however, does not contain these words.

    Which is why we have been in a need for amendments.

  89. Re:I don't mean to go all 'Papierin, mein herr,' b by luis_a_espinal · · Score: 1

    Why did he take NASA issued equipment out the US? What if another country did the same search?

    It is always a possibility for another country to conduct such a search, but the government (as well as companies that deal with sensitive information or IP) have guidelines that more or less resolve to this: 1. Do you need it for your job?

    2. Are you going to a country that is hostile to us, or

    3. That has a history of equipment check on US citizens.

    If you answer "yes" to any of these, you might still be permitted to carry the equipment (and no otherwise.)

    In the end, we are not talking about searches in Chile. We are talking about idiotic searches by US customs, of equipment belonging to NASA carried by a US born scientist, without any fucking cause.

  90. So, a CBP 'plant' can spy on Top Secret? Stupid by lamer01 · · Score: 1

    So now if someone wants to spy on top secret work done at certain agencies of the US Govt, all they have to do is plant spies at the borders. No need to infiltrate such agencies. Nice going stupid government.

    1. Re:So, a CBP 'plant' can spy on Top Secret? Stupid by Perl-Pusher · · Score: 1

      And you can put top secret information on a phone and just leave the country? I am astounded at the level of stupidity here. He could not carry a government phone carrying any type of restricted information out of the country. When he received that phone he would have had to sign a waiver of all expectation of privacy. But its the Verge reporting on a guys Facebook post. Since his last name isn't Clinton he would be jail.

  91. Re:Follow Proper Procedure: Call Company's Legal D by Anonymous Coward · · Score: 1

    That's fine. But if you have to catch a connecting flight in an hour, you really think this is all going to shake out in enough time?

  92. Re:I don't mean to go all 'Papierin, mein herr,' b by Bob+the+Super+Hamste · · Score: 3

    But we do have first amendment rights and also likely 5th amendment rights. Providing a password or pin likely is protected by both and has been ruled as such. In that situation I would have basically told them to piss off but in a much more polite fashion. It wouldn't have been the first time I have told a government agent what they don't want to hear. Then again I am a white guy with an anglicized last name who has a good job, good education, and clean background so I can get away with things like that without any real repercussions. By exercising my rights I hopefully can show others that they can do the same and also show the government agents that they don't have the power they would like to think they have.

    --
    Time to offend someone
  93. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    Voting for the "lesser of two evils" is why you have such bad candidates. Ergo, it's all your fault.

    Except for things like local elections, I've literally never seen an election with only two candidates.

  94. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    If you'd pick a better candidate in the first place, you wouldn't feel the need to expend so much energy in "holding them accountable".

    The Trump people are doing the right thing from their perspective: they're covering for him because it keeps them from looking like idiots for voting for him. What does that mean for you?

  95. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    Thus many conservatives complained when the neo-cons went on a massive spending spree when they had both houses of congress in the early 2000's. That was not what we had voted for and so we complained, and pulled our support leading to the Democrats taking over.

    Oh bullshit. It *IS* what you had voted for. You were just too stupid to recognize it. It's always been plainly obvious that GOP politicians will go on a spending spree whenever they're in power. So again, you prove my point: you have no right (I don't mean a legal right) to criticize the people you elected: it just proves that you're a moron for electing them.

    The only people who don't have credibility to complain are those who can't be bothered to vote.

    Wrong. Anyone who didn't vote for the winning candidate has every right to complain. Obviously, if you didn't vote for the winner, you're not getting what you were promised, and are not hypocritical in pointing out how the winner is doing a bad job. Basically, you can say "I told you so" to all the idiots who voted for the winner.

  96. Re:Trump doesn't run borders by T.E.D. · · Score: 1

    And they decided that a group of people has the same rights as a single person, essentially, and that you could not restrict the free speech of a group of people even if that happens to be a corporation. People don't hate that decision because it violates the constitution or various laws, but because it violates how we want the law to be. The only way to fix that is with a constitutional amendment.

    Well...given that our SCOTUS judges are mostly older folks, and everyone who voted for it was appointed by a Republican POTUS (it was essentially a party-line vote), you could also fix it in the long run by not voting for a POTUS from that party and making sure to vote for a POTUS from the party that nominated all the dissenters.

  97. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    Wrong. You hit it in #1: by assuming "you generally only have two options", and voting accordingly, you're guaranteeing a bad candidate gets elected, so it's really your fault and you're a hypocrite for complaining about the person you voted for.

    As for #4 and #5, I don't think this is what we're talking about here. We're really talking about people voting for a candidate based on either #1, or some dumb idea of what they think the candidate is going to do (see the AC responder who's a conservative and then complains about the GOP going on a spending spree) and then gets mad when the candidate does what was blindingly obvious to everyone who wasn't a blind-faith believer in that party and its obviously false rhetoric ("we believe in small government!!") when there's decades of history proving that that party does something entirely different when in power.

  98. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    You're a fucking moron, and it's proven by your assertion that there's only two political parties. Funny that you talk about "basic stupidity" and you can't even figure that out.

  99. But where's the evidence that theory's correct by hackwrench · · Score: 1

    I don't see the evidence that theory is the correct one out of other theories. There's too many other potential outcomes for being given trophies that that theory doesn't explain. For example, why don't they reach the conclusion, like I did, that trophies are essentially worthless.

  100. Re: Trump doesn't run borders by mmell · · Score: 1

    Neither can the President act as a legislator. Executive order != Law. Now, if both houses of Congress has ratified a bill for POTUS to sign into law, that'd be one thing. The courts would indeed be forced to consider only Constitutional issues in ruling. We're not discussing a law, we're discussing an Executive Order. These don't need to be unconstitutional to be overridden by the judiciary, only illegal.

  101. Re: Fail by mmell · · Score: 2

    What Law did the judiciary overrule in this case? When did Congress pass a bill for POTUS to sign into law?

  102. Re:"Bikkannavar says he was..." by Oswald+McWeany · · Score: 1

    And even then the natives came from somewhere else first. Following this logic unless you're African living in Africa (could even narrow this down to South Africa) you're an immigrant.

    The Native Americas in North America have been in North America longer than the ancestors of almost everyone living in South Africa. The white South Africans are obviously of European descent from the last handful of centuries, but also most of the black South Africans are descended from people that arrived in the region at various times over the last few millennia.

    Native Americans have been in the Americas at least 13,000 years.

    --
    "That's the way to do it" - Punch
  103. Re:I don't mean to go all 'Papierin, mein herr,' b by tepples · · Score: 2

    There is nothing in the Constitution that says there's a 'border search exception' to the 4th amendment

    The Fourth Amendment bans only "unreasonable searches and seizures". The exception considers searches at the border to be "reasonable".

  104. Re:Trump doesn't run borders by tepples · · Score: 1

    you could also fix it in the long run by not voting for a POTUS from that party

    That doesn't work reliably because of how gerrymandered the presidential electoral districts (i.e. the States) are. See the 2016 Presidential election.

  105. Re:Stop complaining you crybabies! by tepples · · Score: 1

    Then what action on election day is effective against evil?

  106. What was he doing ... by PPH · · Score: 1

    ... traveling overseas carrying sensitive information in the first place? Assuming he was authorized, there are procedures in place for this to avoid exactly this sort of misunderstanding. And they don't involve being the next person in a customs line at the border.

    --
    Have gnu, will travel.
  107. Re:Jail has doctors that cover more then the ER an by Sam36 · · Score: 1

    Nah, this is stupid baloney. If I am found unconscious in a ditch next to a wrecked motorcycle, trust me that ambulance isn't going to care if I have health insurance or not. I'll get a "free" trip to the hospital, no questions asked. They certainly won't turn you away.

  108. Re:I don't mean to go all 'Papierin, mein herr,' b by flink · · Score: 4, Insightful

    Heavy emphasis on "US citizens" there, because it's kind of important.

    I object to the citizen part being important. Much of the restraints placed on government by the constitution are worded with phrases like "The government shall not" or "No person shall be required to", with no mention of citizenship. If these are inalienable human rights, and if all men are created equal, then it shouldn't matter which country a person is from, the government has no business violating them.

  109. Re:I don't mean to go all 'Papierin, mein herr,' b by Dutch+Gun · · Score: 1

    Hmm... wasn't that about when the "war on drugs" kicked into high gear? How convenient for the government, not worrying about pesky Constitutional protections when searching for booty.

    --
    Irony: Agile development has too much intertia to be abandoned now.
  110. Re:I don't mean to go all 'Papierin, mein herr,' b by CaptainDork · · Score: 1

    Question not relevant.

    The relevant question is:

    What is NASA's policy regarding employees taking NASA phones with them when leaving the country?

    I don't know, and it doesn't matter.

    --
    It little behooves the best of us to comment on the rest of us.
  111. Re:I don't mean to go all 'Papierin, mein herr,' b by CaptainDork · · Score: 1

    Nice and all, but it's speculation.

    As regards this matter, the relevant question is the legality of the events precisely at the border with precisely this phone and this individual.

    If we're going to allow speculation, my money's on "profiling."

    --
    It little behooves the best of us to comment on the rest of us.
  112. Re:I don't mean to go all 'Papierin, mein herr,' b by jafiwam · · Score: 1

    Why did he take NASA issued equipment out the US? What if another country did the same search?

    And then went to a foreign country to hang out with a bunch of other people from all over the world (some of whom, may come from countries that would like to steal that data).

    I am not sure I blame the border security folks for thinking they should look at the phone. His situation is RIPE for being espionage or a victim of same.

    Getting pissy about the "secret data" when he's on the way back IN the country but taking it out without a care in the world about it? No sympathy here.

  113. I have an idea by TheDarkener · · Score: 1

    There should be a phone-lock app with 2 different unlock codes - one for normal every-day use and the other which, when used, automatically activates the camera + mic and livestreams/records not only from the camera but a screencast - so those searching the phones will be exposed to what they're actually searching for. Should have ability to disable turning off data/wi-fi so it can be ensured that it streams. I bet there'd be a sizable market for something like that.

    --
    It is pitch black. You are likely to be eaten by a grue.
  114. Re:No words... by Cederic · · Score: 1

    What evidence? Of which crime?

    Come on, there isn't even probable cause.

  115. Courts have nullified the constitution in practice by kbonin · · Score: 2

    There is almost no aspect of the Constitution which hasn't been carved into shreds by numerous court rulings, especially the Bill of Rights. The fourth amendment has been reduced in practice to barely, sort of cover a locked box in a house you own, which LEO may still break into and search under a list of circumstances that grows every year. (Acceptable "exigent circumstances" now includes "I thought I heard something".) And until Immigration and Nationality Act 287(a)(3) is rescinded, Border Patrol can literally ignore the constitution, which is similar to Title 14 section 89 of the United States Code which lets the US Coast Guard conduct unlimited warrantless armed no-knock searches of ANY boat for ANY reason including training.

    There are no branches of government which treat the Constitution with anything but utter contempt. This extends throughout most state and federal governments. Try "buying" land and building something on it without asking "master may I" every step of the way...

  116. Re:I don't mean to go all 'Papierin, mein herr,' b by thegarbz · · Score: 1

    It's just as well that Americans have defended their rights to carry guns so they can stand up to their evil government ... when they try to take away their guns.
    It's the only right anyone seems to care about.

  117. NASA/JPL problem by argee · · Score: 1

    Seems to me that NASA/JPL should have anticipated this, and come up with a solution BEFORE they sent this guy out.
    Lots of solutions have been proposed here, technical, legal, etc., but really the one that should pitch in is this particular
    employer.

  118. Re: Export Controls? by Perl-Pusher · · Score: 1

    B.S. I work for NASA and was previously in the Air Force. You cannot take a government phone with any kind of restricted information on it. Period, end of discussion. Since nobody at the Verge did much in the name of research beyond this guys Facebook posts, I wouldn't be surprised if a whole lot of information about this incident isn't left out. When I went out of the country on business I was specifically given a laptop that had nothing that could not be viewed by the public. I was also told and signed a form that stated I would not put any classified or restricted information on it and that I had no expectation of privacy. Its government property not yours, what if the the Chilean government had detained him? He is going to tell them no? That's why we have regulations in place on taking devices out of the country. In fact if you take your own phone you still have to sign a form saying your doing so and the it is not connected to a government email account. Every year we take a refresher course on the rules.

  119. Re:Government issued mobile device by Perl-Pusher · · Score: 1

    And the fact he had to sign a waiver saying that there was no restricted information on it and that he no reasonable expectation of privacy. But hey, the story was on the Verge and corroborated by Facebook so it must be true right?

  120. Who won the Cold War? by mydn · · Score: 1

    Your papers must be in order, comrade. THE SECURITY OF THE STATE IS AT STAKE! We should form a committee to ensure the security of the state. What could we call such a committee for state security?

  121. Re:I don't mean to go all 'Papierin, mein herr,' b by JesseMcDonald · · Score: 2

    The Fourth Amendment bans only "unreasonable searches and seizures". The exception considers searches at the border to be "reasonable".

    That's only half of the story. The 4th Amendment also says that no warrants shall be issued (in plain language: no permission shall be granted to perform a search or seizure) "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." The so-called "Border Search Exception" manufactured by the courts out of thin air is an unconstitutional warrant. There is no probable cause, no supporting Oath or affirmation, and no particular description of the place to be searched or the person or things to be seized. Ergo, there is no constitutional authority to issue a warrant, which would be the only legal basis to perform any search or to seize any property.

    Probable cause—or in other words a reasonable, and evidence-based, expectation that a particular search will turn up evidence of illegal activity sufficient to retroactively justify the search—is the only thing that makes a search "reasonable". If the majority of these searches do not uncover evidence of illegal activity then there is no probable cause and they are de facto unreasonable.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  122. Re:No words... by green1 · · Score: 1

    I hate to break it to you, the US has never been an "example to the world". But I will admit that it didn't used to be the laughing stock it became just over 15 years ago.

  123. Re:Not a real American by PPH · · Score: 1

    So, we're all Africans then?

    --
    Have gnu, will travel.
  124. Re:Don't vote for fascists if you value privacy. by Straif · · Score: 1

    The laws allowing for this search exist both in the US and most other countries and have for decades. This has absolutely NOTHING to do with who currently occupies the White House. Even if it did, I doubt if Trump's had time in the last 2 weeks to personally replace every border agent with the imaginary fascist thugs you seem to think exist.

    International travellers have been telling stories like these forever back to the days of being requested to open up your locked briefcase.

    The basic rule is if you don't want to comply, and you still want to enter the country in question, then either contact your employer for further instructions and wait it out or be ready to surrender your device which will be returned whenever border services decides they're done with it.

    There is nothing new here.

    --
    Of course that's just my opinion...... you could be wrong!
  125. Sensitive data by farble1670 · · Score: 1

    Since the phone was issued by NASA, it may have contained sensitive material that wasn't supposed to be shared.

    Then he probably should not have taken it on his race car driving vacation in Chile.

  126. Re: I don't mean to go all 'Papierin, mein herr,' by Anonymous Coward · · Score: 1

    All men created equal, it says.

    If by 'it' you mean the Declaration of Independence, then you'd be correct. The Constitution, however, does not contain these words.

    You are correct. I would also add, though, that the Fourth Amendment to the constitution does not make any distinction between citizens and non-citizens (i.e., it begins "The right of the people to be secure in their persons", etc.).You might say it is implied to apply only to citizens but I believe that would quickly put you into rather dodgy legal precedent.

  127. Re:Not a real American by Demena · · Score: 1

    No, not an ignorant argument. You have told me nothing I did not know (apart from your personal history) and that is my point. There was always a before and here is no 'home' to go to. Humans are a migratory species. Not as in annual migrations but as in moves everywhere and settles in. There is truely nothing human that is 'native' anywhere.

    Which is the (accurate) generalisation of my point.

  128. Re:Stop complaining you crybabies! by Demena · · Score: 1

    Moron? No, that would apply to people like you who so obviously lie and make false claims. Like you. Now would you please like to defend your assertion that there are only two political parties? It is not a claim that I made or would make since it is obviously intrinsically false. Your malice or your mistake I do not know (or care).

    Now you want to talk about basic honesty? A characteristic you seem to lack in equal measure to intelligence? You think a lie and a straw man will win you an argument? You think it demonstrates your intelligence? The fact that you seek to 'win' rather than seek the truth shows your maturity.

  129. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    Now would you please like to defend your assertion that there are only two political parties?

    I never asserted that, you did you fucking moron. Holy shit.

  130. Re:Stop complaining you crybabies! by Demena · · Score: 1

    Nor did I but you claimed I did.

    My advice to you is to stop digging....

  131. Re:No words... by ooloorie · · Score: 1

    What evidence? Of which crime? Come on, there isn't even probable cause.

    The crime/probable cause that justifies them unlocking your phone.

    If you pull this stunt at the border, they'll likely refuse admission.

    If you pull this stunt with a court, they'll charge you with destruction of evidence.

    The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party.

  132. Re:Stop complaining you crybabies! by Grishnakh · · Score: 1

    Um, aren't the two the same thing? To use D&D terminology, most "evil" people aren't chaotic evil, people who gleefully do sadistic horrible things in order to cause suffering for others. Most of them are the lawful-evil or neutral-evil types. These days, we call them "sociopaths" usually: they're people who have little or no conscience, and only work for their own benefit and self-interest, not anyone else's. "Self-serving" sounds like a pretty polite way to describe them. The only people who would fit the "chaotic-evil" description are true psychotics.

    From what I've seen of Trump, I don't think he's a psychotic, I think he's mostly self-serving though. Notice how some of his actions are directly benefiting his businesses. But that's not unusual for highly corrupt politicians. Hillary seemed to be just the same, just less obvious about it, and not in league with such horrible people (e.g. Bannon), and not likely to pick such horrible cabinet members who'll truly harm the country in a significant way (e.g. DeVos, Sessions). But I do think Hillary was (and still is) evil. But at least she would have done some somewhat useful stuff in order to appease her base and to get her place in the history books and get re-elected. I think Trump is doing the same now, but his base is very different and the policies they want are far more destructive.

  133. Re:"Bikkannavar says he was..." by stealth_finger · · Score: 1

    Humans came from Africa was my main point. Everyone else has spread from there. How many generations from a place do you need to be from there. Obviously more than ~2/300 but less than 13,000?

    --
    Wanna buy a shirt?
    https://www.redbubble.com/people/stealthfinger/shop?asc=u
  134. Yeah by MitchDev · · Score: 1

    I agree, but whatcha gonna do to make that happen?

    The police state is getting worse everyday...

  135. Re:Virtue signaling... by hackwrench · · Score: 1

    I ask for proof that participation trophies are the problem and you send me links to search results of books written by people in order to virtue signal?

  136. Re:Virtue signaling... by Mashiki · · Score: 1

    I ask for proof that participation trophies are the problem and you send me links to search results of books written by people in order to virtue signal?

    Your proof is right there. In those links. Or do you think that studies are virtue signaling? Or are you saying that you don't believe the studies, in which case I'm sure you have your own peered work that disproves that.

    --
    Om, nomnomnom...
  137. Re:No words... by OhPlz · · Score: 1

    What foreseeable civil or criminal proceeding was underway? None. And if there was, they'd have a search warrant naming the individual and what they're wanting access to. This was a fishing expedition, nothing more.

    Also, it's unlikely that US customs and border patrol would deny entry to a resident of the US. They could detain the guy, but to what end? The phone was wiped, there's nothing else to pursue. It's not actionable because he wasn't suspected of a crime, it wasn't evidence.

  138. Re:No words... by ooloorie · · Score: 1

    They could detain the guy, but to what end? The phone was wiped, there's nothing else to pursue. It's not actionable because he wasn't suspected of a crime, it wasn't evidence.

    Border control doesn't have to prove a crime; there is no innocent until proven guilty or due process. Admission for non-citizens to the US is not a right, it's a privilege. If you wipe your phone when they ask to inspect it, that is likely more than enough justification for them to exclude you.

  139. Re:Trump doesn't run borders by TechnoJoe · · Score: 1

    And they decided that a group of people has the same rights as a single person

    Not quite. What courts have ruled in previous decisions is that individuals have rights, and individuals don't lose rights just by joining a group. It might seem like I'm splitting hairs, but the difference is profound, especially in the Citizens United case.

    Quick background: Michael Moore, during the 2004 election cycle, released Fahrenheit 9/11, which advocated de-electing President Bush. Citizens United complained that this was a violation of the campaign finance reform, but the FEC said it was just a documentary and not advertising subject to campaign finance regulation. So Citizens United did the same thing, but on the other end of the political spectrum. Citizens United created a documentary on Hillary Clinton, and released it during the 2008 election cycle. This time, however, just when the content happens to be critical of a Democrat, the FEC said it was advertising subject to campaign finance regulation, and banned the movie as illegal campaigning.. Hence, the lawsuit.

    In arguing the case before the Supreme Court, the court asked how far such a ban could go. Roberts asked a 500-page book had a single sentence in it that said “vote for X” could be banned under this same law. The government said yes, if corporate money were used to pay for the book. Given the first amendment implications banning books, the court ruled it an unconstitutional violation of the first amendment.

    While I am not comfortable recognizing corporations as persons, I think they did the right think in this case given the circumstances.

  140. Re:Trump doesn't run borders by TechnoJoe · · Score: 1

    He would need congressional approval to break the treaties

    Not quite. The question of whether or not a President can unilaterally nullify a treaty has never been settled. See: Goldwater v. Carter (1979)

  141. Re:No words... by OhPlz · · Score: 1

    He's a US citizen.

  142. Re:No words... by ooloorie · · Score: 1

    In the message you were responding to, I was referring to general circumstances where key disclosure laws apply.

    Even in his case, it would have been risky to erase the phone. For example, if they suspected him of espionage, they might have taken erasing the phone as justification for detaining him and then searching his home with a fine tooth comb.

    Unless you know what you're being investigated for, erasing the phone may cause you more trouble than unlocking it. In fact, even just having the kind of software that can erase the phone in response to certain passwords would be viewed as suspicious by courts, as would "deniable encryption" software.

    I'm not saying that it's right, I'm simply pointing out the way it is: if you play such games with border control or police, the cost to you may be quite high.

  143. Re:Stop complaining you crybabies! by Rockoon · · Score: 1

    So you advocate not voting at all?

    Ah yes, the bullshit false dichotomy argument of the people supporting evil.

    Go away and dont come back until you learn your logical fallacies.

    --
    "His name was James Damore."
  144. Re:Stop complaining you crybabies! by Rockoon · · Score: 1

    It must be nice living in such a black and white world.

    The black and white world is the one painted by the evil supporters, whose arguments always rely on there somehow being only two choices

    --
    "His name was James Damore."
  145. Re:No words... by OhPlz · · Score: 1

    If he was suspected of espionage they should have secured a warrant. They also can't tear apart his home without a warrant. I get that you're taking the path of least resistance, but I'm at the other end. I'd rather risk further provocation in order to defend what I think is right. The problem is, not many people will do that anymore, the authorities know this, and our rights are becoming indefensible.

  146. Re:No words... by ooloorie · · Score: 1

    They also can't tear apart his home without a warrant.

    If he uses a password that causes his phone to self-destruct, that is just the kind of probable cause they may need to get a warrant.

    I'd rather risk further provocation in order to defend what I think is right

    Both key disclosure laws and border control are unsettled legal and moral areas, so I don't even presume to know what's right.

    The problem is, not many people will do that anymore, the authorities know this, and our rights are becoming indefensible.

    Government has become bigger and more intrusive, certainly. On the other hand, people probably have also become more knowledgeable and less respectful of government. I think that's part of the political upheavals we're seeing right now.

  147. Re:Not a real American by Demena · · Score: 1

    I think you need both to read more deeply and to be more specific. Generalities are generalities and specifics are specifics. Useful in differing situations. Do not confuse the two and the differing conclusions that may be drawn thereby.