>in the US and UK
???
Of all the issues with the US justice system, being compelled to disclose passwords isn't one of them. It is an issue for UK, though.
???
Of all the issues with the US justice system, being compelled to disclose passwords isn't one of them. It is an issue for UK, though.
This is not totally true. It is also a US issue: CBP has been asking for passwords (or to unlock the device) for phones and computers for more than a year now. Last year, multiple people got turned around because they disagreed with US policies and political views that differ from those of the US's current president.
Rules at the border tend to be pretty restrictive almost everywhere. You can literally get in trouble for having a sandwich in your bag. I'd wager Hong Kong border control was also empowered to request phone passwords and turn away refusers long before this change.
It’s not even good for business. Business laptops and phones have trade secrets to conduct regular company activities.
Normalizing the surveillance dystopia we live in ON HN is beyond my understanding.
As I said, I don't agree with it, but it's normal and has been for longer than anyone here has been alive.
You already don't. Even in countries with protections against arbitrary search and seizure, those go out the window when you're at the border. "No" isn't a valid response if border agents wants to search your luggage.
CBP is also asking, not compelling. You don't have to give them your password. If you don't, and you're a foreigner, you may be turned away. If you're a citizen, and I remember correctly, they can seize your device for up to two days if they want.
But they're not going to put you in prison for refusing like the U.K. and Hong Kong will.
(If you're not a citizen, all bets are off)
https://www.aclu.org/news/privacy-technology/can-border-agen...
I think the 48h detention is across the board (without a judge involved, border or not the border). ACLU says device seizure is up to 5 days barring "extenuating circumstances", whatever that means.
> We’ve received reports of phones being held for weeks or even months.
And also actually per law. And yes, being forced to give out passwords and make profiles public as a rputine thing is much worst then being forced to give out password when there is actual warrant.
I've contacted multiple lawyers and the answer got was they've tried cases like these before and they always lose so they don't take them anymore. Though this was pre-Trump, now it's suddenly in vogue to take up longshot border or immigration cases.
In the U.K. or Hong Kong, "justice" would entail prison.
so they were not in US technically?
There are plenty of articles that actually explain that the practice is illegal, but the gov doesn't really care about its legality + there is no organization able to fight it, and even if there were, the Supreme Court would likely be in favor of the US gov.
What is private life if it can be broken for no reason? What is freedom of speech if it doesn't apply to the people who don't agree with you?
> What is private life if it can be broken for no reason? What is freedom of speech if it doesn't apply to the people who don't agree with you?
totally but that's a different thing a little
Under the present administration I wouldn't be surprised if for example ICE tried the $5 wrench method.
US citizens are, of course, allowed in even if they refuse, but they will confiscate a citizen's phone in exchange for a custody receipt (Form 6051-D) and they are supposed to return it to the US citizen after they break into the phone / crack the encryption. If they can't crack it, they can choose to never return the phone to the US citizen. And it can be a very stressful situation in which citizens may not know what their rights are in the moment (or can't afford to replace their phone or lose access to it because how would you even get an Uber from the airport or coordinate a pickup if you don't have a phone).
You can choose to bring burner phones or make sure your phone is freshly factory reset, but if you're a non-citizen that can also be a reason to be refused entry, and if you are a citizen that can "get you on a list", leading to getting "SSSS" stamped on every boarding pass for every flight you take, in every country in the world, for the next many years. If your boarding pass gets "SSSS" written on it, you will get pulled aside by security and all your bags get individually hand-searched prior to every single flight (even transfers/connections/layovers). This will be a global thing, not limited to USA flights.
Non-citizens are also sometimes asked for a list of your social media accounts and the passwords to their social media accounts. Refusing to provide your passwords can be used as a reason to refuse entry to the USA. If the USA believes you have a social media account that you failed to tell them about, that can also be a reason to refuse entry.
Source? Given 5th amendment protections I'm guessing this only covers snitching on others, but that's standard subpoena law. If you're issued a subpoena to produce documents on someone else (eg. a customer of yours), you can't refuse. It's called protection against "self-incrimination" for a reason.
Your comment isn't helpful either