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At the US border, the "border search exemption" enables warrantless bypassing of the 4th Amendment's restriction on search[1], and US vs Ramsey extends this to mail/parcel.[2] There is an EFF guide on the topic here for anyone interested, with more particular advice:

I'm a Kiwi - I travel a lot - it's pretty terrifying to us too - we're all pretty flabbergasted by this news story - I expect there's going to be a big fuss tomorrow

Normally NZ customs care most about biosecurity issues - to avoid their notice don't bring in loose food - eat it on the plane or toss it - wash your muddy boots/tent/hiking gear - that cute beagle sniffing at your bags on the carousel is looking for food, not drugs (the scary german shepherds are probably doing that out the back).

Packaged food is usually OK - but if you're unsure ask - at the very least declare stuff you're not sure about - I almost got dinged for bringing mooncakes back from Taiwan one year, turns out they're bad because they're too eggy, I was let off because I'd declared them (as 'cakes' rather than 'mooncakes', who knew I was supposed to). They have amnesty bins you can drop that apple in at the last minute without worry.

I suspect this is a one-off - probably the NSA thought he was someone else and leaned on the NZ government - but do do what others have suggested - encrypt your sensitive stuff, leave it on an overseas server and pull it in when you get here - remember the NSA WILL look at it because much of our internet traffic passes through the US so encrypt what you care about.

Most Kiwis are pretty ignorant of exactly how powerful customs are. The legislation they're citing this action as being taken under, the objectionable publications, gives phenominal powers to customs. I have a bit of experience with this because I know comics collecters who had huge collections seized in the 90s and never returned on the strength of their having a copy of Frank Millar's (then illegal in NZ) Hard Boiled.

They had no recourse on this.

"it's pretty terrifying to us too"

Isn't it? This story upsets me quite a lot. I've recently moved to the UK, but certainly plan on returning, intermittently or otherwise, and do not want to be subjected to this.

"probably the NSA thought he was someone else and leaned on the NZ government"

We told them to take a hike with the nuclear warships etc.; I wish we'd do the same with their data collection regimes. Unfortunately I definitely don't see that happening under Labour or National; and probably not under any of the parties either :(.

Upload everything to a server before you leave. Download it when you get there. Take no devices across borders except a throwaway phone for emergencies.

On it's face, this is not good advice, particularly as electronics are rather more expensive in NZ than in the states. However, it is entirely possible to sell all of your electronic gear (ebay, craigslist, amazon) and buy it again, at a cost. Of course, this is a great deal of pain to go through, and it strikes us all as egregious, unnecessary, and unjust.

It's not clear, however, why if customs can demand your passwords to your devices, why can't they demand your passwords to remote servers?

In any event, it is important to protest in the strongest possible way these encroachments upon our individual liberties. It's shocking that this needs to be repeated in 2013 in the West, but a citizen should not be deprived of life, liberty, or property without due process of law, and mere suspicion does not constitute due process. The state cannot be allowed to continue violating these rights.

I've spent some serious time in NZ, and was deeply impressed with the humanity of it's government and it's governmental workers. It is heartbreaking to see this Americanism make its way to a more innocent land.

Don't give in to this, Kiwis. Protest. Write letters to your representatives. Keep your dignity and your common sense. Don't let your security forces (at the border or anywhere else) do this sort of thing to visitors.

> It's not clear, however, why if customs can demand your passwords to your devices, why can't they demand your passwords to remote servers?

I don't know that there's any legal mechanism in their favor (I'm not very familiar with NZ law on this level), but there's a simple physical mechanism they have going for them. If you refuse to provide passwords to your devices, they can simply refuse to return them to you when they're done with their "inspection". If you're a citizen and you refuse to provide passwords to remote accounts, they have no lasting leverage. If you're not a citizen, they can simply deny your entry.

Edit:

> I've spent some serious time in NZ, and was deeply impressed with the humanity of it's government and it's governmental workers. It is heartbreaking to see this Americanism make its way to a more innocent land.

Two things... First, this is the kind of thing that had us moving there in the first place [Edit: for clarity, this wasn't an initial reason for our move, or even why we selected NZ, but it's definitely in the "pros" column]. I'm displeased with the adversarial/entitled tack that my country's government sometimes takes with its people, and I'm still hopeful that this is different elsewhere.

Second, I find it really sad that you'd label this "Americanism." I don't think it's entirely inaccurate to say that this is becoming a part of our culture, but there is still tons and tons of good which can be ascribed to that label as well. I hope that the bad isn't dwarfing the good to the extent where the term "Americanism" becomes synonymous with "McCarthyism."

> I don't know that there's any legal mechanism in their favor (I'm not very familiar with NZ law on this level),

New Zealand law does, in fact, allow this in certain cases, albeit not in the one Customs are claiming (objectionable material, i.e. porn).

First, this is the kind of thing that had us moving there in the first place ... I'm displeased with the adversarial/entitled tack that my country's government sometimes takes with its people, and I'm still hopeful that this is different elsewhere.

FWIW, my wife and I were in the middle of a move to California to work for Google, and we decided we didn't want to do that and that we'd rather live in NZ instead (I'm a kiwi but had lived overseas for 13 years, she's foreign produce). I've been very disappointed with some of what I've seen from a legal/political point of view since I came back but NZ is still streaks ahead of most other places I've lived from a quality of life standpoint (with some exceptions, primarily cost of living will shock you coming from the States). We're really happy with the decision we made and I feel like we have a much better life here than we would have had there. Where will you be living?

I hope that the bad isn't dwarfing the good to the extent where the term "Americanism" becomes synonymous with "McCarthyism."

Sadly, between the NSA and the TPP, as a foreigner it's getting harder and harder to see the good of the US. I'm afraid that in my experience your whole government and system of governance, at least, is getting tarred with your foreign policy brush. That said, I don't know any Americans who have experienced any sort of personal issue with the people they meet here because of this, but the country itself is not seen as an agent of good IMO.

> I hope that the bad isn't dwarfing the good to the extent where the term "Americanism" becomes synonymous with "McCarthyism."

McCarthy has been dead for a while, and this stuff seems to have support from both major political parties in the US. And the US really is trying to make these sort of invasive policies into a new global standard. (And not just here; look at all those new trade treaties, at the blind loyalty to corporations, etc.)

I'm afraid that "Americanism" really is turning into a negative thing.

> why can't they demand your passwords to remote servers?

Because they can't read my thoughts? At least yet :-)

Seriously, if you have a VPS and remember the IP address or the domain or whatever, how can they find out? Don't use SSH keys and/or delete the known_hosts entries. Use a password to login to the server. Voila.

Prove I have access to a remote server first.

With the kind of data the various agencies are amassing, that'd be childs play, if they were made available to them.

And don't forget that, in the US if a federal agent asks you the question, "Do you have access to any remote servers?" and you answer with a direct lie, even if they are not acting in the course of an investigation, you have violated the law[1] by speaking a falsehood to a federal agent. In fact, you've committed a felony.

And before you argue, "Well, they'd never use that for something so trivial," remind yourself of what you used to believe that the government would never do. (And I wonder today how many people are accused and convicted under that particular law.)

[1] http://www.law.cornell.edu/uscode/text/18/1001

Not only that, but people have absolutely been charged with felonies for doing exactly that. Do not ever lie to federal agents.

Don't use a password. Use a private key, print it as a QR code, and mail it (or multiple copies thereof) to your new address (or to someone you trust). Then you can answer honestly, and they can't access your servers.

Yeap. Burner phones all the way. Ship yourself your regular digital devices via reputable non-postal delivery. This would be far less prone to being opened and then being imaged and/or hardware modified.

For someone not willing to sell all their hardware, the alternative would be to flash all drives with fresh OSX / Windows, and then recover from the cloud at your destination.

A cynic would say that you might as well leave the data on your phone if you go the "cloud route" as the government would already have all your data. ;)

Use client-side-encrypted online storage (any one of the many AWS-based choices, say).

Unless someone already had passive/active access to your machine before you left, they won't be able to get at your data.

Your restore should be fine, too. Just watch out for passive access being added by the tech teams inspecting your machine (say reinstall-persistent malware) - though this shouldn't happen in the majority of cases, we'd hope.

It would be great to have a service where-in you could rent a laptop, mobile phone, tablet etc -- then once it's returned, it's reimaged. Then those who travel don't have to worry about this sort of issue.

It would be even nicer if we didn't live in a surveillance-state kleptocracy; then we wouldn't have to worry about a lot of crap like this.

It would be. I always wonder what they're actually looking for. Ideally, anyone with half a brain who is up to no good isn't going to keep 'evidence' on their computers. Since this often proves not to be true, the government has chosen to snoop through our stuff.

> I always wonder what they're actually looking for.

Security.

Job security.

>> I always wonder what they're actually looking for

Potential political prisoners - what else? They're only ever interested in anything that could constitute a threat to their power, however mild. It's also about conditioning us into apathy / obedience / accepting serfdom.

The original article mentioned the guy had been to a conference on surveillance, right? They know he's an unharmonious little tax slave, a potential troublemaker! That's why his devices were confiscated, not any suspicion of "terrorism" or whatever.

A surveillance state worth its salt would immediately pass a law (or even just police instruction) requiring 1) all customers to register an ID, 2) the rental register to be open for inspection at any time, 3) all drives to be snapshotted before being reimaged.

There must be some kind of product already existing where corporate laptops are wiped to a clean install of the OS, (ready to be taken through customs) with VPN software to safely download a package of needed data and setup information. And then to wipe that before return travel.

Heck, even a hidden, encrypted partition that made a TB hard disk appear to be a 500GB - - even physically through decals on the drive.

In relating to the other story about secrets, what do we really have to hide that we don't want the TSA to see?

This is not strictly on-topic, but let me note that American friends have told me they wish they'd brought more stuff with them when they moved here. The shipping and 110V/240V transformers would have cost less than it did to replace whiteware and the like.

Thanks for the advice. We've tried to optimize what we intend to carry toward those sorts of things, and a transformer or two is on the list. Otherwise my wife and I are quite happy living a rather spartan lifestyle; for instance, another of our shared dreams is to build a tiny, off-grid, house.

Actually, what you should do is to carry laptops and phones without much data on them, and during the travel store your real data encrypted somewhere online.

The real risk here is losing your electronic equipment for an extended period of time.

In practical terms you have little or nothing to worry about, and absolutely no reason to be "terrified". This is likely a one-off incident, a clumsy interaction from a clueless airport guy. From the same team of geniuses who got reamed out recently when they confiscated a sick toddler's medical device at X-Ray because they were worried it was a bomb.

Assuming you are not an international terrorist or similar, the NZ government has absolutely no interest in the contents of your phone, computers etc.

Also, on the one in a thousand chance that you are inspected at customs; Don't raise hell after the fact. It's not the NZ way, relax and save your stress for the real worries in life, which we all run into in the fullness of time.

Apologies for not being more precise. I've been inspected by customs before. The whole discourse was short, only minorly inconveniencing, and the people I dealt with were pleasant and professional. At the end of it I thanked them for doing their jobs so well. I wouldn't "raise hell" after such an event.

However, were my possessions to be searched and confiscated in such a violating manor as described by the NZ Herald article, I'd most certainly be filing complaints, and perhaps speaking to the press. This is all that I meant by "raising hell."

I'm worried not because I'm an international terrorist, but because at the end of next week I'll be a former US defense contractor who is immediately departing the US after quitting his job. I'm sure this raises some red flags. I have every intention of complying with my employer's and government's policies regarding all of the procedures for leaving my position, but with this level of institutional paranoia I'm still worried.

That said, if I were to bet I'd say this fear is as irrational as you suggest and everything will go fine.

Thanks for this sensible follow-up. If something outrageous happens at the airport, as you say raise hell, why not. My comment came from being a well travelled kiwi, who always feels the warm glow associated with arriving in perhaps the sanest place in the world when I get home. I am not an Aucklander, but Auckland International Airport represents to me "home at last - nothing more to worry about now". Actually I feel a bit the same at Melbourne or Sydney if I get to stop off there on the way back - a nothing really crazy can happen now kind of relief.

So, enjoy your trip. Don't worry as outrageous incidents at our airports are really really really rare - dollars to donuts you'll be welcomed as if you are coming home too. If you come to Wellington and are so inclined message me and I'll buy you a beer (or a coffee) and welcome you personally :-)

> being a well travelled kiwi, who always feels the warm glow associated with arriving in perhaps the sanest place in the world when I get home.

> dollars to donuts you'll be welcomed as if you are coming home too. If you come to Wellington and are so inclined message me and I'll buy you a beer (or a coffee) and welcome you personally :-)

Thanks so much, but I'm headed for Christchurch.

Since deciding to move, every kiwi I've met here since has offered to put me in touch with some cousin/uncle/sibling to help us get on our feet, and I've had a remarkable number of perfect strangers make similar offers via e-mail and forums such as these. Being that we're going through such a sad time right now as we pack our things and say goodbye to our city, friends, and family, these kinds of gestures are really very encouraging. It's nice to think that we're moving someplace where people are so friendly and helpful toward one another.

I really hope it works out well for you. Christchurch used to be a beautiful city, but it has had its heart ripped out. Still, there is the dynamism that comes from (enforced) renewal. Note that the South Island climate demands a well insulated home! Generations of hardy kiwis never felt the need, but really, that's stone-age living and not something a newcomer should endure! Finally, I hope you report back, in this thread for example, on your arrival in NZ. After this discussion I am really hoping you don't have a bad experience !

Ship your stuff before you go

Because customs doesn't search shipments? No. If my stuff is searched/seized, I'd rather be aware of it happening.

Dude on a practical level this might be your best bet.

And ship the encryption key separately so that you really cannot decrypt it . Or transfer it across once you're in the country.

See my post above. This won't do anything for me. The issue isn't that I don't want people to see my data, it's that I don't want my "space" forcibly invaded. Further, carrying an encrypted laptop (or shipping encrypted storage) will only increase the levels of both "forced" and "invaded" [1] I'd experience were I to face this kind of situation.

Also, I like my hardware. If they can't see what's on there, they can seize it and destroy it, and I'm sure I wouldn't be compensated.

1: http://xkcd.com/538/

If you have backups of everything maybe you can get a decent level of business insurance that would see them replace your hardware should they take it and then take the time to wipe and replace with generic build before travelling if you are really worried about privacy?

It still totally sucks though, don't get me wrong.

Can you ask your contractor to add a special label to it? I don't mean like: "Government Data - Fragile". But maybe they can manage that for you. A friend of mine could ship stuff with a military airplane, because his dad worked for the us army.

No. I appreciate the thought, but there are a few things wrong with these ideas.

First, I'm ending my (albeit short) career as a defense contractor before I move to New Zealand. While I still have strong professional relationships with my former colleagues, it would be out of line for me to ask them for help here.

Second, even if I did ask, they can't really help. Labeling or mislabeling drives, etc, just draws attention as using any kind of official labeling would make it look like I'm carrying government-owned material. I'm not, and I have no intention of doing so. Further, I'm pretty sure use of such official labels would be very illegal. If I was caught I'd be sent home where I'd expect to face some nasty fines and/or jail time.

Finally, I'm not sure what your friend's dad does for the Army, but unless his dad is an officer or enlisted service member (and maybe even if he is), chances are there's some misappropriation going on there. Either way, I'm not the kind of DoD contractor who can just call in a "hey, just stick this in a military cargo shipment" kind of favor. If I was, I'd either be much more relaxed, or much more nervous about quitting my job to move to a foreign country...

hmm, sorry. I thought that shipping the package using the regular air-mail service of the government would be an option.

You can still save the data on a VPS and encrypt it, then download & decrypt it, when you're back at your new country. Would that be a viable option?

I understand that you're more concerned about your equipment, but this could at least get you going until you get your stuff back; I mean in the worst case scenario.

I doubt his cell phone could be used directly in terrorism. Seems to me this isn't an attempt to prevent terrorism.

Assuming his devices are in some way useful for gaining information on Snowden, preventing further leaks, or similar, there's a shaved yak chain of what-ifs which ends with the idea that the fewer details the terrorists have about how we prevent terrorism, the better off we are. But I'm not saying this is valid justification by any means.

I'm not sure that's the point. My shoes still get taken off me.

Encrypt the files you take with you. For good measure make a full backup and leave it behind with someone you trust.

But encrypt it as strong as possible, with password + private-key.

Yes, I have multiple backups, and I intend to leave copies in places where they are retrievable through various means. However the issue isn't losing the data, although losing my expensive hardware (to which I have an irrational emotional attachment) would definitely leave me quite irate.

The issue is my privacy. It's not even that I have things which I feel some strong need to hide, but that my devices are inherently personal to me. Having gone through so much effort to fit yet more of my life into them has only strengthened this impression. The thought of having them forcefully confiscated and rifled through is makes me visibly agitated and angry.

If you come to my house and rifle through my underwear drawer, I don't care that you've seen my underwear. I care that you've invaded a place which consider to be private and exclusive to me and me alone.

Customs can request the encryption keys from you and did in this case. So not only encrypt everything, but use a hidden volume as well.

http://www.truecrypt.org/docs/plausible-deniability

Another way is to provide part of the key to someone that's not travelling. This person should not release the key to you until they're satisfied you've successfully completed your trip. You don't know the key, so you can't release it, and you'd have good proof to that effect.

At which point customs would permanently confiscate my things and perhaps deny entry into the country for my wife and me. The latter wasn't a threat for Mr. Blackman as I assume he's an NZ citizen. We're not NZ citizens, we're US citizens.

My understanding is that if you do not supply the key they can confiscate and destroy the media, though it will obviously vary from country to country.

The idea behind the hidden volume is that you can provide a key that works for the volume (and hopefully satisfies whoever is inspecting your data) while keeping your information private.

Reading the link supplied by patio11 above (recommended), I wonder if using a hidden volume would constitute an obstruction of customs investigation.

"Don’t Obstruct an Agent’s Investigation

Once it’s clear that a border agent is going to search your device or other possessions, don’t take any steps to destroy data or otherwise obstruct that process. Like lying, knowingly interfering with a border agent’s investigation is a serious crime."

https://www.eff.org/wp/defending-privacy-us-border-guide-tra...

It's entirely unclear in NZ whether there's any legal obligation to furnish your passwords. See: https://twitter.com/GraemeEdgeler/status/411040201062895616 (Graeme Edgeler is a well-known NZ law commentator).

Don't carry any encrypted data on your person, download it over the internettubes which pass right through customs.

Hardware can easily travel separately from bits.

1. Encrypt all of your backups.

2. Test your backups, or they are not backups (99% of people never test their backups.)