New US Customs Guidelines Limit Copying Files and Searching Cloud Data (theverge.com)

The U.S. Customs and Border Protection Agency has updated its guidelines for electronic border searches, adding new detail to border search rules that were last officially updated in 2009. The Verge reports: Officers can still request that people unlock electronic devices for inspection when they're entering the U.S., and they can still look through any files or apps on those devices. But consistent with a statement from acting commissioner Kevin McAleenan last summer, they're explicitly banned from accessing cloud data -- per these guidelines, that means anything that can't be accessed while the phone's data connection is disabled. The guidelines also draw a distinction between "basic" and "advanced" searches. If officers connect to the phone (through a wired or wireless connection) and copy or analyze anything on it using external devices, that's an advanced search, and it can only be carried out with reasonable suspicion of illegal activity or a national security concern. A supervisor can approve the search, and "many factors" might create reasonable suspicion, including a terrorist watchlist flag or "other articulable factors."

Comments

Because they already have access

[Anonymous Coward]

They don't need new access to the cloud because they already have full access.

erase before entry

[dmitrygr]

I've been asked by them to unlock my phone. I happily do. Same for laptop. This is because, expecting this shit, I SCP all the things I care about to me home computer before returning to USA and erase my laptop and phone. They are welcome to inspect the "welcome to android" screen on my phone and "no bootable disk found" screen on my laptop.

Re:erase before entry

[BrookHarty]

> They are welcome to inspect the "welcome to android" screen on my phone and "no bootable disk found" screen on my laptop.

Yeah, thats a red flag for "I like cavity searches"

Re:erase before entry

[cfalcon]

You just tell them you always wipe your shit in case it is stolen in transit. It isn't false just because one government or another is the most likely thief, it's a 100% true statement.

I don't think erasure is always going to work if they plug stuff in, but the newest phones at least have a key that everything is encrypted with that can be wiped. It's still a risk. On a computer of course, you can be pretty safe if you delete an encrypted partition and overwrite with zeros or whatever pattern your religion dictates.

Re:erase before entry

[dgatwood]

Yeah, this is what I don't get. Anyone who would actually have something to hide would not carry it unencrypted across the border, because they would know that the border security people might decide to search it. So apart from catching the most incredibly stupid criminals (who would probably get caught for other reasons even without this search), the only thing this rather bizarre policy will do is cause Americans to become lackadaisical about our fourth amendment rights. Then again, maybe that's the point.

Re:erase before entry

[shadowknot]

Starting a reply to a post that ends "cavity searches" with a sentence about wiping your shit creates an unwelcome mental picture. :-P

Re:erase before entry

[rogoshen1]

things like DUI checkpoints and implied consent laws started this bullshit trend years ago :(

in before the chorus of "but driving is not a right.. yadda yadda". That's a complete fig-leaf, and just opens the door to further encroachment on the 4th and 5th

Re:erase before entry

[Obfuscant]

USB key can be cleanly erased after last protected access is needed and prior to customs activity

If you don' t need access to that hidden partition anymore, why not just remove it?

just format and load with vacation pictures to overwrite previous data.

Just load a partition on the USB stick with vacation pictures and leave the boot stuff alone. It is unlikely customs is going to try to boot from your USB stick, so all they'll see is vacation pictures. Or make the default boot on the USB be the plain windows partition on your hard drive, and if you want to use the hidden one stop the boot and edit the command line to boot it. Or just use grub and stop the normal boot on the laptop to edit it to boot the hidden partition. When customs turns on the laptop they'll boot into the vanilla windows.

Or they may be smarter than you think and know to look for hidden partitions and apparently unallocated space on a disk. One of the digital forensics books I read a few years ago talked about that trick to hide data, so I expect the forensic toolset it recommended would raise a red flag even if they couldn't immediately boot into the sensitive information.

Re:erase before entry

[AHuxley]

Re 'Yeah, this is what I don't get. Anyone who would actually have something to hide would not carry it unencrypted across the border, because they would know that the border security people might decide to search it."
People actually do lie to enter another nation and attempt to say they are not supporting and funding banned groups.
Images, messages, contacts, of the person supporting and funding such banned groups then gets discovered.

Re "who would actually have something to hide"
Some cults and faiths see the support for such banned groups as part of the faith and people carry their faith with them.
The images of meetings, protests, banners, slogans, books, messages of support for past actions.

When entering a nice normal nation they lie and present as not been a supporter. Their digital life shows the truth.