back to article US border cops told to stop copying people's files just for the hell of it

With device searches at American border crossings reaching an all-time high, the US Customs and Border Patrol (CBP) this week tightened its rules for when agents can pull data from phones and computers. The updated directive [PDF] amends the 2009 CBP border search guidelines to require that agents at least have "reasonable …

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  1. Sgt_Oddball
    Gimp

    Goosey, gossey gander....

    So it's naughty to inspect Americans tech without good reason.. That makes everyone who's.. well unamerican feel so much better over the whole thing. Feel free to keep stepping on everyone else.

    Gimp for when they run a deep probe in meatapace.....

    1. Anonymous Coward
      Anonymous Coward

      Re: Goosey, gossey gander....

      I'm not sure anything in the article or the linked PDF differentiate between USAians or Aliens.

      I might be wrong, it's late and my parsing may be sub par.

      But it is nice to see the quote:

      "It is my view that Americans will be safer when time and resources are spent on searching people with an actual cause."

      Some common sense there, maybe one day the UK will wake up to the fact that trawling everybody's data for every detail is an ideal not worth pursuing. Let me watch my pr0n in peace guys.

      1. Anonymous Coward
        Anonymous Coward

        Re: Goosey, gossey gander....

        I'm not sure anything in the article or the linked PDF differentiate between USAians or Aliens.

        The language. Read carefully. Whenever CBP or any american authority refers to civil liberties it is strictly cittizens and sometimes (after they have been beaten with the lawyer stick) permanent residents. Everyone else is a subhuman who has no rights.

        1. Anonymous Coward
          Anonymous Coward

          Re: Goosey, gossey gander....

          "Everyone else is a subhuman who has no rights." ... sorry, but this is the truth - nowhere on earth does any 'foreigner' approach even the rights+status of 'second-class citizen' ... we get used to it

          1. Tomato42

            Re: Goosey, gossey gander....

            "nowhere on earth does any 'foreigner' approach even the rights+status of 'second-class citizen'"

            you may want to re-check that claim, I'm quite sure that Americans on EU soil have more rights then they do on US soil, they only can't vote, every other law doesn't differentiate between alien and autochthons in EU

          2. jmch Silver badge

            Re: Goosey, gossey gander....

            "nowhere on earth does any 'foreigner' approach even the rights+status of 'second-class citizen' "

            Clearly you are not familiar with the middle east...

          3. Anonymous Coward
            Anonymous Coward

            Re: Goosey, gossey gander.... Ouch !!! 22 downvotes !!

            but I stand by what I wrote ... "Everyone else is a subhuman who has no rights." ... sorry, but this is the truth - nowhere on earth does any 'foreigner' approach even the rights+status of 'second-class citizen' ... we get used to it"

            and if you don't believe it, you should try experiencing the wider world as a worker / resident and not just on holiday ... having said that, even the life of a poor foreigner is better than for some of the much poorer locals, and then there's the advantages of no Brexit too ...

            "Clearly you are not familiar with the middle east...", no, thank goodness - I hear they treat 'foreigners' really badly there .... (women reporting rape, for instance)

            I can't help feeling some of the down-voters misread me, somehow ... half the posters in this thread seem to agree with me, maybe those down-voters need to get out more ...

            1. Anonymous Coward
              Anonymous Coward

              Re: Goosey, gossey gander.... Ouch !!! 22 downvotes !!

              Yeah - the half that agree with you are probably expats, (I certainly do, as a British Expat myself) the downvoters are probably Europeans who think that their own countries treat foreigners with the same respect & rights that EU citizens get, just because they heard about a Cleric in the mail who wasn't deported as he'd face the death penalty. How little they actually know...

              The man on the street might respect you if you're "forrin", but government bureaucrats (the ones who define said "rights") go out of their way to make life as difficult as possible and will treat forrin types like chewing gum stuck to their shoe, regardless of where you are in the world. The only exception to that rule that I've personally experienced (living in 4 different countries in the last 6 years) is Singapore, where the government seem to like foreigners. Or maybe because chewing gum is banned, they don't know how to treat them 'properly.' Regardless, a Singaporean Citizen has more rights than a foreigner so your point still stands...

              Rule 1 of being a foreigner - the answer to the question of "how do you like it here?" is "Love it, best place in the world." (and that includes the slums in downtown Mogadishu)

              Rule 2 is any time a bureaucrat asks, you bend over if you need to remain in said country for any reason whatsoever.

              Anon because this is a banned opinion and I could be deported for voicing dissent. Luckily I'm behind a VPN and over 12 proxies, and not in a 5-eyes country. And besides the place I live is a lovely place, best place in the world*.

              1. Anonymous Coward
                Anonymous Coward

                Re: Goosey, gossey gander.... @behind VPN+N>12 proxies ...

                Thank you, Sir ! If I could upvote you more than once, I certainly would ...

                "Rule 1 of being a foreigner - the answer to the question of "how do you like it here?" is "Love it, best place in the world." (and that includes the slums in downtown Mogadishu)

                "Rule 2 is any time a bureaucrat asks, you bend over if you need to remain in said country for any reason whatsoever.

                "Anon because this is a banned opinion and I could be deported for voicing dissent. Luckily I'm behind a VPN and over 12 proxies, and not in a 5-eyes country. And besides the place I live is a lovely place, best place in the world*."

                Couldn't have put it better myself ....

        2. Remy Redert

          Re: Goosey, gossey gander....

          There was a supreme court case on that. US constitutional rights apply to everyone in the US according to the supreme court. Of course the CBP argues that it doesn't apply to non-citizens at airports because they haven't actually been allowed into the US yet and nobody's challenged that in court yet.

          1. Phil Endecott

            Re: Goosey, gossey gander....

            > US constitutional rights apply to everyone in the US according to the supreme court

            Yes, hence the need for Guantanamo, Diego Garcia and other places outside the US where constiutional rights do no apply.

          2. scrubber
            Big Brother

            Re: Goosey, gossey gander....

            "the CBP argues that it doesn't apply to non-citizens at airports"

            They claim jurisdiction up to 100 miles from ANY border. This covers approx. 200m Americans.

            https://www.aclu.org/know-your-rights-governments-100-mile-border-zone-map

        3. Marshalltown

          Re: Goosey, gossey gander....

          While it is not as obvious as it might be if you follow the media, the Bill of Rights in the US Constitution does not limit itself to US "citizens." The BoR limits are placed on the government, asserting certain behaviours that the government, democratic or not, is not allowed to indulge in: limiting freedom of speech, denying the right to self defense, unreasonable searches and seizures, questioning to deliberately incriminate, ... Constutitionally, those rights are independent of citizenship. The constitution does have things to say about citizen's duties and rights, but those things are not in the BoR. However, CBP actions and other chunks of the government do tend to ignore constitutional rights and the courts schizoid views do not necessarily clarify things.

      2. Anonymous Coward
        Anonymous Coward

        Re: Trawling for Data

        Some common sense there, maybe one day the WORLD will wake up to the fact that trawling everybody's data for every detail is an ideal not worth pursuing.

        There fixed it for you.

        The statement above is the opposite to the SOP for the likes of Google, Faecebook, Amazon and the rest.

        They pride themselves in knowing more about each and everyone of us than we can remember about ourselves. They naturally sell that information to the highest bidder. F**k the lot of you is all I can say.

        The data that the US Border copy from us goes where exactly? To some vast computer system in Langley?

        1. An nonymous Cowerd

          obligatory hacker reference CCC lecture 2017

          https://media.ccc.de/v/34c3-9270-dude_you_broke_the_future

          UK citizen talks about slow AI, and the slurping, a bit, then gets worried

        2. handleoclast
          Big Brother

          Re: Trawling for Data

          Some common sense there, maybe one day the WORLD will wake up to the fact that trawling everybody's data for every detail is an ideal not worth pursuing.

          It won't achieve the stated objective of protecting us from terrorists. But that's only the story used to sell it to us.

          What it will achieve (and this was always its true purpose) is to ferret out any signs of internal dissent, allowing it to be quashed. It works very well for that. The Stasi (back when it existed) could only have dreamed of the day when everyone would carry around their own surveillance devices, voluntarily. Of course, the Stasi were quite open about surveilling people to pick up signs of dissent (obviously caused by mental illness, which had to be rooted out for the individual's own good) whereas our governments have to invent stories about protecting us from paedo-terrorists.

          What the world has to wake up to is why these cunts really want full access to our phones and computers. Maybe it's not too late for at least a few countries to avoid letting their governments do this, and the rest will just have to learn to conduct their lives more carefully.

        3. Anonymous Coward
          Anonymous Coward

          Re: Trawling for Data

          "Some common sense there, maybe one day the WORLD will wake up to the fact that trawling everybody's data for every detail is an ideal not worth pursuing."

          Trawling everybody's data? Quick check on statistics indicatre number of people visiting US annual is ~70 milliion with info here saying number of devices searched increasing from 20,000 to 30,000 - so tha's an increase from 1 person in every 8 or 9 747s to 1 in every 5 or 6 747s (possibly less as I'd expect its likel that a proportion of these will be multiple devices - e.g. phone and laptop - from same person). So its a 50% increase but nowhere near "everybody"

  2. Anonymous Coward
    Anonymous Coward

    CBP is committed to preserving the civil rights and civil liberties of those

    who carry US passport. The rest of the world can FO...

    1. a_yank_lurker

      Re: CBP is committed to preserving the civil rights and civil liberties of those

      Actually, at all borders non-citizens have very limited rights before entry into any country. As a non-citizen of Canada and the UK, they can put just about any rules they want on me (US citizen) prior to entry and there is very little I can say about it. This is mitigated by treaties and the fact excessive jackassery will provoke a retaliation.

      Also, citizens reentering have to declare what they are bringing back and are subject to search if the agent gets suspicious. One time, when I was young, I was go through US customs in JFK and the person immediately before me was nailed for trying to smuggle chocolates into the US. All I had to do was answer a few questions and I was waived through.

      1. Brenda McViking

        Re: CBP is committed to preserving the civil rights and civil liberties of those

        Ahhh, yes, the classic trick question US border put into your declaration: answering yes or no:

        are you a terrorist?

        are you a former nazi?

        have you ever plotted to overthrow a democratic government?

        are you bringing in firearms, explosives or communist material?

        do you hate America?

        are you bringing any foodstuffs into the US?

        Guess how many jet-lagged foreginers running for 36 hours with no sleep don't spot that last one is often a "yes?"

        1. Joe Harrison

          Re: CBP is committed to preserving the civil rights and civil liberties of those

          They mean it too about the foodstuffs. One of their sniffer dogs had obviously never encountered quorn salad sandwiches before and went quite crazy on my bag. No harm done in the end though, apart from getting the brown stains out.

        2. scrubber
          Joke

          Re: CBP is committed to preserving the civil rights and civil liberties of those

          @Brenda McViking

          > are you a former nazi?

          Is that because they are only willing to allow in current nazis?

      2. tiggity Silver badge

        Re: CBP is committed to preserving the civil rights and civil liberties of those

        @ a_yank_lurker

        Given what passes for chocolate in the US, I could see why someone might smuggle in some proper choc.

        ...Sadly the US chocolate blight has now reached the UK with Cadburys (UK biggest mass purveyor of cheap & cheerful low quality chocolate) now part of Mondelez and quality has dropped massively - quite an achievement given the very low level it started from

        1. JohnFen

          Re: CBP is committed to preserving the civil rights and civil liberties of those

          In all fairness, there is plenty of top quality, real chocolate available in the US. You're just not going to get it from national names such as Hershey's. It's made by small regional chocolatiers and it isn't cheap. This, by the way, is the same as the situation with American beer.

    2. hplasm
      Holmes

      Re: CBP is committed to preserving the civil rights and civil liberties of those

      "CBP is committed to preserving the civil rights and civil liberties of those

      who carry US passport. "

      Strictly speaking, that means the majority of US citizens can F.O. too, not having a US passport...

  3. Jared Vanderbilt

    Would be ok with search and copy if ...

    CBP would keep the data confidential ... but you know it's destined for an improperly configured AWS server.

    1. Anonymous Coward
      Anonymous Coward

      Re: Would be ok with search and copy if ...

      No it is going into that $2 billion data center in Utah.

    2. GBE

      Would be ok with search and copy if ...

      but you know it's destined for an improperly configured AWS server.

      AFAICT, that's eventually true for every bit of data outside of Microsoft and Google (and decent percentage of data inside too).

  4. redpawn

    Good Citizens stay in Texas,

    they don't consort with ferrinners. Any trustworthy American would never leave the country except to invade, I mean liberate a future ally. Traveling Americans must be investigated for the security of the republic. Non Russian ferrinners must not have any privacy.

  5. sanmigueelbeer

    tightened its rules for when agents can pull data from phones and computers.

    tightened its rules for when agents can pull data from phones and computers.

    Translation: We're running out HDD disk space. So stop copying those porn, OK.

    Americans will be safer when time and resources are spent on searching people with an actual cause.

    CBP: Hey, you with a rag around your head. Yes, you. Come over here to be searched.

    Donald Trump: I have a bandage around my head, you moron.

  6. Weiss_von_Nichts
    Megaphone

    Someone call the RIAA, fast!

    Illicit file sharing! Also "Copying of Intellectual property!" "Denying the artists rights of fair compensation". OMG! Think of the children!!

  7. Anonymous Coward
    Anonymous Coward

    America Fuck Yeah

    Maybe time to boycott the Land-of-the-Free folks.

    There's plenty of other 'interesting' places to visit.

    Plus, as regards moving there for career or work?

    Better to research the downsides as there's many!

    1. Anonymous Coward
      Anonymous Coward

      Re: America Fuck Yeah

      That time came a loooong time ago!

      1. Anonymous Coward
        Anonymous Coward

        Re: America Fuck Yeah

        I've just turned down a lucrative senior job over in the US, it's just too dodgy and I don't trust the US authorities.

        I can just picture myself trying to get through customs without a smartphone/computer/ social media accounts etc. I'd probably never see the light of day again.

  8. Anonymous Coward
    Anonymous Coward

    I don't even know why they bother, nobody is going to be stupid enough to enter America with anything incriminating anyway, at least not what they claim to be looking for.

    "reasonable suspicion" can be translated as not white or foreign.

    I suppose it's a step in the right direction though.

    1. Mark 85

      Exactly... why bring it with you when you can buy, rent, or steal the same item or even a better one?

      1. Anonymous Coward
        Anonymous Coward

        item <> data

    2. Doctor Syntax Silver badge

      "reasonable suspicion" can be translated as not white or foreign breathing

      FTFY

  9. DanceMan
    FAIL

    "Reasonable"

    There's your problem.

    We've all encountered that portion of border and customs personnel who have their own definition of "reasonable."

  10. Anonymous Coward
    Anonymous Coward

    A couple of questions.

    1. What do they use to copy things?

    2. Is there malware that will mess up the either the copy program or what is copied, preferably both after a time delay?

    3. Can the malware in 2 infect the whole system?

    Need I say more.

    1. Anonymous Coward
      Anonymous Coward

      It's nice idea but I would be prepared for a full cavity search if you did and a week of walking like a true American cowboy.

      1. Charles 9

        "It's nice idea but I would be prepared for a full cavity search if you did and a week of walking like a true American cowboy."

        Oh? What if you act like you're GETTING OFF on it?

    2. This post has been deleted by its author

    3. Pig Dog Bay
      Big Brother

      1. What do they use to copy things?

      My guess would be direct WiFi to WiFi file copy. They would need to install an app on the 'suspects' device and then that would transfer files directly to an Agents device over a direct WiFi link.

    4. Anonymous Coward
      Anonymous Coward

      Not malware as such, but if you could install a compressed file overlay on the device (or a special device file that algorithmically generates huge pseudo-random files), you could create a file that expands to hundreds, if not thousands of times the on-disk representation. Sprinkle hard-links to the same file around the disk and watch as either the target device runs out of memory for the copy or the copy time becomes a practical problem for the inspectors.

      1. CrazyOldCatMan Silver badge

        or the copy time becomes a practical problem for the inspectors

        I'm assuming that you have no objection to spending a week in an airport cell..

    5. Charles 9

      Don't be surprised if they can just yank the thing out and do a raw copy which avoids booby traps. As for soldered storage, they probably have ways around them, too.

  11. Herby

    Wonder what would happen...

    If you had very descriptive names of random number data. Put in a directory/folder labeled "encrypted".

    I really don't want to try this though. I like being "free". I leave it to those who are suitably endowed with lawyer like skills on tap, as well as time to spare.

    1. Sir Runcible Spoon

      Re: Wonder what would happen...

      Make sure it's a single file that's around 200GB

      1. Charles 9

        Re: Wonder what would happen...

        Not a good idea. They'll assume it to be an encrypted drive image and REALLY start grilling you.

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