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by mortov
4664 days ago
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I guess you need to make sure your devices are wiped or left at home. A backup just means you have your own copy of what just got taken off you at the border for no good lawful reason. Having my own copy would not reassure me of much. |
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While jurisprudence is still a bit fuzzy on this (it has flipped back and forth on a few appeals in a few separate cases, and never been conclusively decided by the Supreme Court), there have been ruling upholding the fact that you can't be forced to hand over your password due to the fifth amendment, unless the Government can already show that they know via other means that you have incriminating files on there.[1]
On the border, you would probably be safe from mandatory disclosure of your password without the border patrol getting a court order, and of course the whole point of this complaint is that the government is using border crossing as an end-run around the courts, being able to do searches that a court wouldn't otherwise approve.
So, using full-disk encryption that you trust, on all electronic devices that you carry, and making sure that they are cold shutdown, is probably sufficient. You should of course have a backup as well, as the border patrol may impound your devices while they try to decrypt them.
All in all, how much effort we have to do to defend ourselves from our own government is getting ridiculous. I don't know how to convince the American public of this, but we are not only violating the privacy of tons of people, but killing people who choose to drive rather than fly[2] due to the excess hassle that our "security" systems provide.
1: https://en.wikipedia.org/wiki/Key_disclosure_law#United_Stat... 2: https://www.schneier.com/blog/archives/2013/09/excess_automo...