this post was submitted on 12 Apr 2025
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Amid the recent news of a U.S. citizen being asked to turn over his phone to authorities at a border crossing, Sophia Cope of the Electronic Frontier Foundation has tips on digital civil liberties.

Archived at https://web.archive.org/web/20250412154222/https://www.npr.org/2025/04/11/nx-s1-5359447/what-are-your-rights-if-border-authorities-ask-for-your-phone

Related, "Attorney representing a student protester detained by federal immigration agents"

When a man in Michigan was heading home on Sunday from a family vacation in the Caribbean, he was stopped in the Detroit Airport. Federal officers, border agents, detained him, interrogated him and pressured him to hand over his cellphone. The man is a U.S. citizen. He's a civil rights and criminal defense attorney, and among his clients is an activist who has been charged in connection to a pro-Palestinian protest at the University of Michigan.

Archived at https://web.archive.org/web/20250410185452/https://www.npr.org/transcripts/nx-s1-5357455

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[–] PunkRockSportsFan@fanaticus.social 70 points 10 months ago (3 children)

Tell them to fuck off.

Make sure your phone is already turned off before you go through.

Refuse to let them turn it on.

“I can’t remember my password”

Smile and be polite but make sure they hear the “fuck off nazi” in your tone.

DO NOT CONSENT TO A SEARCH.

[–] gAlienLifeform@lemmy.world 63 points 10 months ago (4 children)

I love the spirit of what you're saying, but per the attorney's advice in this article, they might seize your phone no matter what you say, password protection with no fingerprint or face scan unlock should ideally keep them out (note that law enforcement usually can take your picture or finger print you without needing a warrant or anything, but they can't force you to tell them a password), but you will probably never get that device back and you could be detained indefinitely while they try to intimidate you into waiving your 5th amendment silence rights.

So because citizens have an absolute right to reenter the country, they have a bit more leverage to, you know, deny a request or refuse to comply with requests to unlock their phone. But that doesn't mean that there aren't going to be consequences. They could be detained for several hours. Their phone could eventually be confiscated. So even U.S. citizens have to think about those potential consequences.

...

[As for lawful permanent residents,] [t]echnically, they also have to be let back into the country, but as we've seen in sort of a nonborder contexts, the government and the current administration is pretty willing to question the status of LPRs. And so we always say that, you know, they should be especially kind of mindful and thoughtful about how they comport themselves at the border.

I think your best strategies would be 1) just do not travel to the United States if it can at all be avoided; 2) if you must to travel to the US, don't bring any electronic devices capable of storing media with you, purchase new ones after you are past the border, securely download what you need, then erase and destroy those devices before leaving; 3) if purchasing throwaway devices isn't an option, just act as white as you possibly can and just hope you get lucky and they ignore you.

[–] PunkRockSportsFan@fanaticus.social 31 points 10 months ago (2 children)
[–] Gerudo@lemm.ee 23 points 10 months ago (1 children)

This 100% is a thing, and it helps. My wife isn't white but can turn it on and fool almost anyone. It has gotten her out of tickets, sticky situations, rude service industry etc.. it's hilarious to watch.

[–] PunkRockSportsFan@fanaticus.social 10 points 10 months ago (3 children)

lol. I am white but I don’t know how to act white. Am I screwed ?

[–] EmpathicVagrant@lemmy.world 14 points 10 months ago (1 children)

Act like you’re at a classic rock concert instead of punk rock, just turn the basic up to 11.

[–] PunkRockSportsFan@fanaticus.social 7 points 10 months ago

Turn the basic up to 11 lolllll. You nailed it

[–] Gerudo@lemm.ee 6 points 10 months ago (1 children)

Nah your skin color automatically gives you a free pass

[–] PunkRockSportsFan@fanaticus.social 4 points 10 months ago

If I could only keep my mouth shut

[–] jaggedrobotpubes@lemmy.world 4 points 10 months ago (1 children)

Demand to speak to their manager!

[–] PunkRockSportsFan@fanaticus.social 2 points 10 months ago

I snorted and blew out snot at this comment. Good job.

[–] twistypencil@lemmy.world 16 points 10 months ago (2 children)

Face scan unlock is NOT enough. When crossing the border turn OFF the phone. Don't just lock it, full off. The security protections from cellibrite attacks are much much much much stronger if it is off

[–] Mac@mander.xyz 8 points 10 months ago (1 children)

password protection with no face unlock

[–] twistypencil@lemmy.world 2 points 10 months ago

Even so, off is better. Disk is unencrypted when on, leading to potential extraction. When off, there is more protection

[–] NotMyOldRedditName@lemmy.world 6 points 10 months ago* (last edited 10 months ago) (1 children)

It's important it's encrypted as well. Disk Encryption isn't a default on option typically.

If it's disk encrypted and the device is powered off, only a valid password (not biometric) will unencrypt it from off.

Edit: and a good device would encrypted it using a hardware module that will only work in that device for that hard drive, so they can't clone the drive out and try a bunch of easier pins as it'd be missing the hardware piece. Easier pins would only work if done on your phones hardware.

[–] Ep1cFac3pa1m@lemmy.world 14 points 10 months ago (1 children)

If you’re a US citizen they can only hold you for 48 hours without pressing charges. I no longer have faith that limit will be enforced, but it’s there in theory.

[–] bss03@infosec.pub 8 points 10 months ago

Didn't you hear? Due process is suspended indefinitely. /s (sorta)

[–] Treczoks@lemmy.world 13 points 10 months ago

Do you speak Spanish? You might need it in your next destination to communicate with your cellmates.

[–] twistypencil@lemmy.world 10 points 10 months ago

Don't do that. Be nice and respectful when you are asserting your rights. Nothing good comes from being an ass about it