Australian man says border force made him hand over phone passcode by threatening to keep device indefinitely
Australian man says border force made him hand over phone passcode by threatening to keep device indefinitely
Tech entrepreneur who lives in the US says he has been held up at Sydney airport for hours three times in the past year
Searching people's devices without reason, and especially forcing people to provide their passwords or unlock their devices has always felt extremely unjust and draconian to me, but doing that to citizens feels illegal, or at least should be.
They're allowed to take the device without a warrant. They are not allowed to force you to give the password. They are breaking the law here.
There's a constitutional rights free zone 100 miles out from the border, so CBP thinks they can do whatever the fuck they want to do.
This is key:
"Officers routinely ask travellers to provide their passcode or password to devices so they can be examined, but they do not have the power to compel passengers"
If they ask for your password, you can confidently say no. Let them have the device, and leave once cleared. Ensure your devices are encrypted.
They even asked for his password manager's password. FFS.
Lose the device. It's better than giving into that illegal activity
^ 100% this. My data's backed up. I can get a new phone and sue the government later for confiscating a personal asset without due cause. Fuck that Gestapo shit.
Also, I disable biometric locks when traveling through airports and similar situations. They can easily "compel" biometrics from me, but not a password.
I don't have any concerns for my local coppers wanting to take my phone - it's too risky for them to do that without due cause - but the same can't be said for federal power trippers like Border Force (what a fucking stupid name - sounds like something Trump came up with).
That's fucked, I hope this story gets sent around to local MPs and gains a bit of traction. Civil and digital liberties have been on the decline for decades now under the guise of "anti-terrorism" or "security", and this is a perfect example of how that can manifest into something that directly affects the lives of law-abiding citizens.
This is why it's a good idea when travelling internationally to either wipe your phone completely before going through customs or using an old phone. Backup data on your phone and redownload it when out of customs.
Fine. Keep it. I can remotely wipe it from a PC or another phone while you're still unable to get into it. Stupid fascists.
Unfortunately they thought of that too. (This is from an article linked within):
The policy document reveals that the owner of the device must not be allowed to gain access to the device until an officer has completed the examination. That means mobile devices must be put into flight mode and have their SIM card removed, and laptops must have batteries removed if possible, rather than just shut down.
It also suggests that for Apple iPhones where the passcode is not known, officers consider holding any computer the owner has.
Yeah. You basically have no rights when crossing into the border, even as a citizen. They will make you unlock your devices if they feel like it. Make sure you travel with a burner if you’re concerned. It’s not right and we shouldn’t have to but not enough people care enough to change it. It’s a shame.
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