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Comment by keerthiko | Hacker News Reader

from the article:

> "They threatened me with a minimum fine of $5,000 or five years in prison if I refused to provide the password to my phone."

this isn't real/legal/enforceable (as the law currently stands) is it? how does one protect ourselves against this turn of events upon entry when the immigration officer's claim fails the smell test?

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CBP has broad search authority at borders without warrants, and while they can't criminally charge you for refusing to unlock your device, they can deny entry, seize the device, and ban you from future entry - effectively making the "5 years in prison" threat misleading but the practical consequences still severe.

In layman’s terms we don’t call that misleading. It is false. Perhaps an outright lie.

?? This has been called out for more than a decade I think. Within 100 miles of the border CBP has broad discretion and rights are limited in these types of circumstances.

The question is about the threat of a $5000 fine/5 years of prison, not whether CBP can conduct inspections.

By not travelling to the US if you're not willing to do it

Don't see how it wouldn't be legal as long as the target of the request isn't a citizen

IANAL, but I would expect that it's extremely unlikely to be fined or imprisoned when you can simply be deported prior to entry. Technically until you pass through border control, you aren't "in" the country you are traveling to, so they can simply refuse entry and deport you.

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