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US-Born NASA Scientist Detained At The Border Until He Unlocked His Phone (theverge.com)
Sidd Bikkannavar works at NASA's Jet Propulsion Laboratory. After racing solar-powered cars in Chile, he had trouble returning to America.
mspohr quote The Verge:
Bikkannavar says he was detained by U.S. Customs and Border Patrol and pressured to give the Customs and Border Protection agents his phone and access PIN. Since the phone was issued by NASA, it may have contained sensitive material that wasn't supposed to be shared. Bikkannavar's phone was returned to him after it was searched by CBP, but he doesn't know exactly what information officials might have taken from the device...
The officer also presented Bikkannavar with a document titled "Inspection of Electronic Devices" and explained that CBP had authority to search his phone. Bikkannavar did not want to hand over the device, because it was given to him by JPL and is technically NASA property. He even showed the officer the JPL barcode on the back of phone. Nonetheless, CBP asked for the phone and the access PIN. "I was cautiously telling him I wasn't allowed to give it out, because I didn't want to seem like I was not cooperating," says Bikkannavar. "I told him I'm not really allowed to give the passcode; I have to protect access. But he insisted they had the authority to search it."
While border agents have the right to search devices, The Verge reports that travelers aren't legally required to unlock their phones, "although agents can detain them for significant periods of time if they do not." They also report that Bikkannavar "was not allowed to leave until he gave CBP his PIN," adding that the cybersecurity team at JPL "was not happy about the breach."
The officer also presented Bikkannavar with a document titled "Inspection of Electronic Devices" and explained that CBP had authority to search his phone. Bikkannavar did not want to hand over the device, because it was given to him by JPL and is technically NASA property. He even showed the officer the JPL barcode on the back of phone. Nonetheless, CBP asked for the phone and the access PIN. "I was cautiously telling him I wasn't allowed to give it out, because I didn't want to seem like I was not cooperating," says Bikkannavar. "I told him I'm not really allowed to give the passcode; I have to protect access. But he insisted they had the authority to search it."
While border agents have the right to search devices, The Verge reports that travelers aren't legally required to unlock their phones, "although agents can detain them for significant periods of time if they do not." They also report that Bikkannavar "was not allowed to leave until he gave CBP his PIN," adding that the cybersecurity team at JPL "was not happy about the breach."
And by him I mean the CBP officer guilty of breach of national security.
**Life is too short to be serious**
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?"
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.
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!
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.
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.
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.
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)
The Border guard was just being sure the guy wasn't trying to sneak any climate data into the US
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.