2y ago

Fifth Circuit Says Law Enforcement Doesn’t Need Warrants To Search Phones At The Border

www.techdirt.com Fifth Circuit Says Law Enforcement Doesn’t Need Warrants To Search Phones At The Border

In 2014, the Supreme Court made it clear: phone searches require warrants. While it did note the case involved a search “incident to an arrest,” the precedent was undeniable. If a phone…

cross-posted from: https://lemmy.zip/post/1899058

Archived version: https://archive.ph/OfNYb
Archived version: https://web.archive.org/web/20230825183014/https://www.techdirt.com/2023/08/25/fifth-circuit-says-law-enforcement-doesnt-need-warrants-to-search-phones-at-the-border/

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2y ago

Fifth Circuit says law enforcement doesn’t need warrants to search phones at the border

www.techdirt.com /2023/08/25/fifth-circuit-says-law-enforcement-doesnt-need-warrants-to-search-phones-at-the-border/

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2y ago

Fifth Circuit: Law Enforcement Doesn’t Need Warrants to Search Phones at Border

www.techdirt.com /2023/08/25/fifth-circuit-says-law-enforcement-doesnt-need-warrants-to-search-phones-at-the-border/

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2y ago

Fifth Circuit Says Law Enforcement Doesn’t Need Warrants To Search Phones At The Border

www.techdirt.com /2023/08/25/fifth-circuit-says-law-enforcement-doesnt-need-warrants-to-search-phones-at-the-border/

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26 comments

Talk about burying the lede, the plantiff in this case was a fucking immigration lawyer and used to work for the DHS who got his attorney client privilege denied and got forensically searched (meaning they copied his data). This is insane gestapo shit. They knew who he was. https://www.themalikfirm.com/about/adam-a-malik2/

I literally have nothing to hide, but conveniently have just reset my phone whenever I’m flying into the US.
- Unfortunately, "the border", as defined in US customs law, extends 100 miles inland from the coast. That covers the entire urbanized eastern and western seaboards, or 2/3 of the US population.
  https://www.aclu.org/know-your-rights/border-zone
  
  Holy shit. If I'm mathing correctly, that's like 12% of the entire land mass of the contiguous US.
  
  They've also been trying to claim that international airports are "external boundaries", and that their power extends 100 out from there. So even "safe" places like, say, Denver or Indianapolis or St. Louis wouldn't be safe if they have their way.
  
  And into most of Canada :)
- My company will give you a blank laptop if you have confidential information on it when traveling to the US. The policy is always to comply and hand over everything if asked so they want to minimize any risks of information falling into the wrong hands.
  That policy also applies for traveling to China. So it’s pretty telling that my company thinks the US and Chinese governments are both risks to its intellectual property.
  
  Well, they are...
  At least China doesn't try to hide it I guess
- You can setup Syncthing to be able to quickly redownload everything after you reset your phone.
  
  Well, but I specifically don’t want to quickly resync anything while I’m in the US. I’ll have what I need of documents on a Proton Drive or similar.
  I’ll turn back on iCloud sync later.
  
  Oh this is nice. Thanks for the link!

Well, that’s fucking terrifying. Because the “border” legally extends 80 100 miles in from the actual border due to some other stupid ruling.
Edit: miles
- Even worse, 65.3 percent of Americans live within this zone.
- That's all within 100 miles of any airport that lands international flights and any coastal boundaries, regardless of distance from another country's border.
  
  Source on the airports part? I don't think that's true. The ACLU doesn't mention it: https://www.aclu.org/know-your-rights/border-zone

Things like this make me wish the traditionally anti government party wasn't a bunch of loonies, because they'd be the ones pushing this to public conscious in a way that might move the needle.
I don't doubt the intentions of (some) progressive members of government, but they're outgunned and have a long list of priorities. Getting legislation to reverse this isn't coming from corporatists, the infinite retention is going to seem like a feature to business.
- there is no anti government party. they're both only anti the one in power.

Of course they fucking do, it's the 5th circuit. It's a shitshow down there.

Not world news? But people in the US: These things can be fought back. Vote in every election local to national. Put pressure on your representatives. Donate to reps who do right by your values. Apathy is how they win. Sign up for EFF's e-mail alerts https://act.eff.org/
- I would argue that this is worldnews in that (if I understand it correctly) this impacts foreign travelers too, even those simply making connecting flights.

Lol where is this image from

Woow

America is the evil empire and must be destroyed

26 comments