
A US-born NASA scientist was detained at the border until he unlocked his phone - smb06
http://www.theverge.com/2017/2/12/14583124/nasa-sidd-bikkannavar-detained-cbp-phone-search-trump-travel-ban
======
Jonnax
Their point about how other countries will take the US's stance as a cue is
somewhat scary.

If you try and cross any border it will be relinquishing access to all
accounts.

I'm assuming email also comes along with 'social media', since communication
is by its definition social.

So how do you protect yourself? I think just going with "Don't have any social
media" isn't a good answer because the relationship that children growing up
today with the internet is almost completely different to even people 10-15
years older than them.

Someone having carte blanche access to a person's phone will find something if
they want to.

Imagine you're in a few group chats, someone mentions doing some drug. And
you've just entered a country where that's an instant prison sentence.

Maybe some off colour jokes about politicians? Proof to kick you out or at
least detain.

I imagine we're at the cusp of something much more unsettling. The technology
to reverse image search a face is available today. It's pretty easy to make
you appear associated with anything, anyone, etc.

~~~
skriticos2
Within Europe (ps: as a European citizen) you can go anywhere with a personal
identification card (no passport) and there are no border controls (when
walking or driving). There isn't even a border, just a sign: welcome to
$country (ps: and maybe local driving instructions). Say what you will about
the EU, but this has been a great achievement. I can go through airport
security between two EU countries and security will just scan my ID and take a
picture in an automated booth and I'm good to go (did exactly that several
times). It's like 30 seconds to pass the security gate when entering and no
personal interaction.

I'm really having difficulty to understand how the United States got from the
cradle of freedom (let's say after the civil war, the colonization was not so
prestigious) to the capricious and homophobic entity that it is shaping up to
be.

~~~
Razengan
Wasn't this how the world worked up until a century ago? Anyone could walk or
sail into any country, anywhere in the world, without a passport. Apparently
the World Wars changed that.

~~~
shitgoose
a century ago one couldn't arrive to a foreign land and immediately start
receiving monthly check, free housing, health and other services [savage,
barbaric regimes!]. typically people arrived to a foreign country with means
and purpose. why would anyone need a passport? to protect whom against whom?

~~~
NotSammyHagar
wrong, at least in the case of america. This poem from 1883, this was on the
St. of Liberty, which was errected in 1886 [1]. "give us your tired, your
poor, your huddled masses". They didn't have means. There were the people who
wanted to prevent the racially inferior from coming here, like italians,
before them irish, etc. We aren't that america still, in 2016. 133 years
later.

1\.
[https://en.wikipedia.org/wiki/The_New_Colossus](https://en.wikipedia.org/wiki/The_New_Colossus)

~~~
shitgoose
i am not clear, which part of what i said is wrong.

------
krab
As a EU citizen, I see these events from a bit different angle. I have visited
US several times and the atmosphere and behaviour of both the customs officers
and the TSA personnel gets more and more overlooking.

I have never went through such extended search but going across a US airport
feels really uncomfortable, to the extent I haven't seen in another country
(UK comes close, though). The thing is Trump only added a little bit. This is
a process that has been evolving for some time already.

I wonder if anything would change if all US travellers to Europe would be
given a leaflet explaining:

"As a reciprocal measure for ESTA or Visa process, you are obliged to pay $14
entry fee. Moreover, we will perform an extended search to every fifth
American passport holder. During the search, we may seize your devices and ask
for your passwords. Not complying may result in a detention up to 24 hours
and/or denied entry."

~~~
waqf
I'm curious, can you tell me what bad experiences EU passport holders have, or
fear to have, at UK airports?

~~~
mrtksn
Currently, when an EU citizen enters UK from the Heathrow Airport we can just
scan our passports on the machine and get through. Usually there would be a
nice lady to assist you if you are having trouble with the scanning.

Usually there isn't even other personnel around. I never encountered any
checks or questioning.

But then again, the British tend to be very civil and I can't imagine getting
a treatment similar to those we keep hearing about US borders.

I hope Brexit doesn't change this too much.

~~~
leakybit
Yes, but that's inside the EU. If you were traveling between States in the US,
you would only need your drivers license and there's no going through customs.

~~~
mrtksn
UK is different from the rest of the EU, where is pretty much the same as your
example of the US. On the Schengen area there is no border controls as the
physical borders don't exist and to travel in EU all you need is your national
ID card if you don't want to bother with a passport.

I prefer the passport, I think you can't use the ID card on the automated UK
border check.

------
caminante
Here's the Customs and Border Patrol policy in question [0] (see page 31).

The EFF has a nice write-up on this topic [1]. It sounds like there's a
"border search exemption" that bypasses the Fourth Amendment. The rationale
was to ensure duties were paid and screen for "bad guys," drugs, weapons,
diseased fruit, etc.

[0]
[https://www.dhs.gov/sites/default/files/publications/privacy...](https://www.dhs.gov/sites/default/files/publications/privacy_pia_cbp_laptop.pdf)

[1] [https://www.eff.org/deeplinks/2016/12/law-enforcement-
uses-b...](https://www.eff.org/deeplinks/2016/12/law-enforcement-uses-border-
search-exception-fourth-amendment-loophole)

~~~
iak8god
Here's the ACLU's page on this, with a map of the 100 mile "constitution-free
zone": [https://www.aclu.org/know-your-rights-
governments-100-mile-b...](https://www.aclu.org/know-your-rights-
governments-100-mile-border-zone-map)

Note that this zone includes New York, Los Angeles, Chicago, Houston, Seattle,
etc, etc, and hence a really sizable portion of the US population.

~~~
SAI_Peregrinus
Also note that that image is incomplete: international airports count as
border crossings for CBP's purposes, so any city with one and the surrounding
area in a 100 mile radius should be added.

Edit: About like this. Quick & dirty edit of the ACLU's .jpg, so the quality
is poor: [http://imgur.com/a/DqDeQ](http://imgur.com/a/DqDeQ)

~~~
iak8god
Nice. And in case it wasn't already crystal clear at this point: that means
the majority of Americans _live_ in places where the government straight out
claims that the Bill of Rights just doesn't fully apply.

US Census population density map by county (pdf):
[http://www2.census.gov/geo/pdfs/maps-
data/maps/thematic/us_p...](http://www2.census.gov/geo/pdfs/maps-
data/maps/thematic/us_popdensity_2010map.pdf)

------
suprgeek
The crux of the matter is here:

More importantly, travelers are not legally required to unlock their devices,
although agents can detain them for significant periods of time if they do
not....

and here: The document given to Bikkannavar listed a series of consequences
for failure to offer information that would allow CBP to copy the contents of
the device. “I didn’t really want to explore all those consequences,” he says.
“It mentioned detention and seizure.”

It sounds like CBP is trying to circumvent the "PIN Revealing" need by
basically illegally detaining Citizens until they do.

This is grounds for "Habeas Corpus" lawsuit - should a citizen really dig
their heels in.

~~~
wheelerwj
first a citizen has to be well enough connected to even get that kind of help.

second, you need to let your connections know you need the help.

third, your still going to take a severe financial and emotional beating.

so sure, its not okay that this is happening. but not everyone is in a
position to standup.

~~~
mysticmarvel
Hire a lawyer with a "dead man" instruction to instigate such action if he's
not informed otherwise within 48 hours. Keep money for legal fees in escrow
for that purpose. Shouldn't be difficult to set up.

~~~
wheelerwj
dude, less than 60% of people have $1,000 in their savings account. retaining
a lawyer just in case is entirely out of the question.

------
TomMarius
When I was a child (in central Europe), USA was seen as a heaven where
everyone would like to live - and I did too. Nowadays I'm very happy I live in
a "poor", speaking by numbers, but much more free republic in the middle of
the old continent.

~~~
krab
The same here. The reputation of USA changed really a lot since the end of
communism and the nineties. We really appreciated their involvement in
dismantling the Iron Curtain. We were also fascinated by some western goods
:-).

Nowadays, people see USA as one of the superpowers in the world who influence
or intervene in other countries for their own benefit. If I had to choose, I'd
still prefer to live in USA over China or Russia. But thankfully, these are
not the only options.

~~~
jjcc
It's worse that the US policy makers intervene other countries mainly not
because of their own benefit but because of they believe they are promoting
the best values in the world. It's more deceptive and often supported by naive
American public. Politicians pursuing pure self interest are more detectable.
Hitler won't be in power again. But those who with strong ideology will be
elected by American people. Similar situation also happened in Europa. NATO
bombed Libya because French supported to overthrown a regime. Now waves of
refugees come to Europa because of chaos and war.

------
mindslight
Especially with a USG-owned device, this seems like it would have been a ripe
time to assert one's citizenship for entry and just let them steal the device.

The last time I traveled internationally, I purposely brought only an old
laptop. To return, I zeroed the hard drive and physically removed it from the
machine so the scum would have pretext to steal less of my property.

For my preparation I was rewarded with absolutely no thuggery, which is how
the sheer majority of border crossings actually go. That's the insidious thing
about the inverted-totalitarian threat model - these specific situations are
inherently rare. If they were common, change would easily happen through
democratic means. It is only through the majority of people believing that it
cannot happen to them, are the injustices allowed to persist.

We really need a reboot for a modern OS model which puts cryptographic access
control front and center, with support for secret splitting and the
appropriate bottom-up foundation that allows for steganographic-secure
machines. I can actually see this plausibly happening for proper personal
computers, eventually. Unfortunately the average person's computing device has
become a "cell phone" which, even ignoring the inherent pwntivity of Qualcomm
integrated chips, is a software ecosystem funded primarily through commercial
surveillance.

~~~
AJ007
Which government agencies can detain agents of other government agencies?

~~~
late2part
An employee of an agency is not necessarily an agent.

An agent is someone who is authorized to act on behalf of someone or something
("The Agency.")

FBI Agents pass a threshold to be empowered to act with the full force of the
US Government.

Most NASA employees are not NASA Agents.

------
makecheck
There are at least four _facts_ that should cause stuff like this to be
discontinued immediately:

— It is not only possible to acquire electronic data _after_ crossing a
checkpoint but there are _many ways of doing so_.

— There is _no possible way_ for the contents of a _phone_ to be a threat to
TRANSPORTATION security, which is theoretically the only reason someone should
_care_ when you’re crossing a border, boarding a plane, etc.

— Even if it _were_ possible for data itself to be a threat (and it’s not),
there are many ways to carry data. Someone could hide the data in encrypted
form, or even hide it in plain sight by being clever. Also, the information
crossing a border doesn’t have to be electronic at all; it could be a page in
a book.

— Even if something “suspicious” is found, _that is not guilt_ and _no charges
can be laid_ so _what is the point_!?

It’s long past time to shut down all of these ridiculous things. There should
be a very tiny list of things that border security needs to do, and it should
all fit on one hand.

~~~
AlexCoventry
> — Even if something “suspicious” is found, that is not guilt and no charges
> can be laid so what is the point!?

I'm not defending this highly disturbing practice, but the point is that it's
a political test. If they find anything politically disturbing on the phone,
they can refuse you entry.

~~~
morgante
> If they find anything politically disturbing on the phone, they can refuse
> you entry.

No they can't. Refusing to allow a US citizen to (ever) re-enter the country
isn't allowed. At worst they can detain you.

~~~
biafra
I am really curious: What is the reasoning to allow this to happen to US
citizens?

~~~
morgante
The theory is that 4th amendment protections are _relaxed_ at the border (but
they're not entirely eliminated). [0] That allows them to search your physical
property and to request digital access, but it does not override the Fifth
Amendment protection against self-incrimination.

However, CBP does _not_ have the right to demand that you give up your
passwords as a citizen. They can attempt to coerce you through detention (but
if that detainment were prolonged you'd have a solid habeas corpus case).

[0] [https://www.eff.org/wp/defending-privacy-us-border-guide-
tra...](https://www.eff.org/wp/defending-privacy-us-border-guide-travelers-
carrying-digital-devices)

------
swalsh
Another terrifying part of this, is due to the nature of networks, when one of
your "friends" becomes compromised, your private message do too. This goes way
past national security, and 7 countries.

I have former coworkers from Syria, Iran, and Iraq. They're great people, and
are great programmers. I friended them on Facebook many years ago, and now
when one of them is caught at a border it's not just their private messages
being raided... its my own anti-trump messages.

This needs to stop here.

~~~
blubb-fish
first of all stop using FB for communication

~~~
Scea91
The problem is that you usually have to use what your circle uses too. Sadly,
in my circle it is FB.

------
maaaats
The former prime minister of Norway was recently detained at the border for
previously having visited Iran. Think about that, prime minister of a NATO
allied country. The border rules (even before Trump) are whack.

~~~
superfx
He was detained after Trump was elected, although it is true that CBP claimed
the holdup was due to Obama-era rules.

~~~
legostormtroopr
> He was detained after Trump was elected.

So? The rules were in place before Trump were elected. Let see what else what
other laws we can apply to this logic.

* [Equal pay occurs even] after Trump was elected, although it is true that [Equal Pay Act of 1963] was due to JFK-era rules.

* [National Parks exist] after Trump was elected, although it is true that [National Park Service Organic Act] was due to Woodrow Wilson-era rules.

Hes not the greatest guy by far, but don't blame Trump for the mistakes of
previous administrations.

------
safeaim
For all of you guys recommending using fake accounts, do remember that right
before christmas, Obama administration signed in new rules[1], giving NSA
leeway to share their collected data with 16 other agencies, including DHS,
which CBP falls under. So you may get caught if you try to pull these
shenanigans off. US agencies are no strangers to mission creep when it come's
to sharing data, as seen recently in this article from Intercept on how FBI is
building a national watchlist for companies that want to have realtime updates
on whether their employees have committed any crimes while employed. [2]

Two quotes from the NYT article that I feel are important to have in the back
of your head when you plan your fake accounts:

 _Now, other intelligence agencies will be able to search directly through raw
repositories of communications intercepted by the N.S.A. and then apply such
rules for “minimizing” privacy intrusions._

 _But Patrick Toomey, a lawyer for the American Civil Liberties Union, called
the move an erosion of rules intended to protect the privacy of Americans when
their messages are caught by the N.S.A.’s powerful global collection methods.
He noted that domestic internet data was often routed or stored abroad, where
it may get vacuumed up without court oversight._

Let's say CBP get's a tool in a couple of months that let's their border agent
search up any passenger through the NSA raw data. That search may then produce
your real accounts. Let's say they do this before questioning you, and you
then provide them with your fake accounts, that will not look good.

[1] [https://www.nytimes.com/2017/01/12/us/politics/nsa-gets-
more...](https://www.nytimes.com/2017/01/12/us/politics/nsa-gets-more-
latitude-to-share-intercepted-communications.html?_r=0)
[2][https://theintercept.com/2017/02/04/the-fbi-is-building-a-
na...](https://theintercept.com/2017/02/04/the-fbi-is-building-a-national-
watchlist-that-gives-companies-real-time-updates-on-employees/)

EDIT: Removed the part about felony, as that was blatantly wrong.

~~~
imaginenore
None of what you said or quoted supports your claim (that making a second
account for travel is a felony).

~~~
safeaim
You are of course completely right about that. I mixed up the felony for lying
when trying to gain citizenship in the US. I will edit my post.

------
joshuaheard
I don't see what this has to do with Trump's travel restrictions, other than
it coincidentally happened at the same time. If the author is trying to imply
this correlation is causation, there is no evidence in the article. That being
said, no American should have to have his phone searched at the border, even
with the stated border exceptions to the Fourth Amendment.

~~~
brndnmtthws
I hope you realize the job of the president is to instruct these agencies on
how to conduct their operations. Don't defend people (CBP employees) which are
are acting immorally, and possibly illegally. The Nazis said they were "just
doing their job", and that defense did not stand up at the Nuremberg trials.

Anyone who enforces orders of questionable legality is part of the problem
(such as those executing these race or religion based searches).

Edit: formatting

~~~
aaron-lebo
Can we not make the leap from searches at border checkpoints (a major issue in
and of itself) to murdering 6 million people in every thread?

It's a valid concern but that kind of language immediately turns people off
and tilts the entire discussion one way.

~~~
anigbrowl
Civil liberties advocates have been gently coddling people's feels for years
now in hopes of persuading people of the existence of a problem. Personally I
don't feel like there's time for that any more.

Just last night I found that white nationalists are planning a 4 mile march
from Oakland to Berkeley that's going to go right past my home in a few weeks.
At their last big rally in sacramento last year, 10 people were stabbed, all
by the neo-Nazi side. So I don't have the luxury of avoiding the comparison
because it is _literally_ coming to my doorstep.

~~~
masonic

      At their last big rally in sacramento last year, 10 people were stabbed, all by the neo-Nazi side.
    

That's not how it was reported. There was no violent contact until "black
bloc" rioters armed with clubs rushed the cordon.[0] There were _two_ reported
stab wounds that required a trip to hospital.

[0] [https://www.theguardian.com/us-news/2016/jun/26/white-
nation...](https://www.theguardian.com/us-news/2016/jun/26/white-nationalist-
rally-stabbings-california)

~~~
anigbrowl
You'd be better off relying on the local paper from which this article draws,
since the reporter is most familiar with their own backyard.
[http://www.sacbee.com/news/local/crime/article86099332.html](http://www.sacbee.com/news/local/crime/article86099332.html)

Also, while free speech means the government ( _qua_ the police) shouldn't
interfere with any group's liberty to express its ideas outside of certain
very narrow contexts, members of the public are under no obligation to give
people with whom they disagree a respectful hearing. Nazis aren't exactly
known for becoming reasonable cooperators if their enemies would only sit down
and have a cup of coffee together, are they? I'm having a hard timy buying
into you considering that the self-declared Nazis may be the hapless victims
here.

A _really_ hard time. "Oh, I was just doing my Nazi thing, calling for the
extermination of all those lesser races and social groups we disapprove of,
when what should happen but some mean old anarchist got all up in my face and
telling me how awful I am! I was just shaking in my jackboots so I had to stab
him with this knife I just happened to bring with me." Won't someone _please_
think of the poor, helpless Nazis?

~~~
masonic
The Sacbee article _directly contradicts_ your version, stating _half_ as many
stabbing versions and clearly reporting that the "anarchists" (as you put it)
initiated the violence.

------
coldcode
No, the US should not be allowed to request or demand access to a US Citizen's
electronic devices for any reason whatsoever, no matter what Homeland Security
says. The whole point of customs was to insure that goods were not brought
into the country to avoid paying duties. The contents of an electronic device
cannot be charged a duty. Anything else is beyond their authority. Of course
none of this will stop a guy in a fancy uniform from demanding an illegal
search anyway and making your life hell. Given the current government this
will only get worse.

------
ianderf
> just over a week into the Trump Administration.

It actually started long time before Trump.
[http://travel.stackexchange.com/questions/3363/laptop-
search...](http://travel.stackexchange.com/questions/3363/laptop-searches-by-
customs-uk-and-us)

------
bogomipz
>"Not only is he a natural-born US citizen, but he’s also enrolled in Global
Entry — a program through CBP that allows individuals who have undergone
background checks to have expedited entry into the country."

Incredible. The TSA and DHS is basically "theater of the absurd". Every other
disturbing detail aside, this individual actually paid good money to enroll in
the Global Entry program only to be detained and humiliated by this agency.

------
bmc7505
This is why we need plausibily deniable encryption. Does anyone know an
Android ROM, or jailbreak app that is visually indistinguishable from the lock
screen, which can be unlocked to an innocuous home screen?

~~~
huac
Blackphone has 'Spaces' which supports multiple 'phones' on the same device. I
am not personally familiar with it but this looks promising and similar to
what you propose.

Does Android multi-user mode work for this?

------
Havoc
Note to self - bring burner phone for dodgy countries...like the US.

~~~
waqf
A few years ago, for foreign travel, one used to buy a new SIM card at one's
destination. These days, I'm thinking I might just bring my SIM and buy a new
phone at my destination.

~~~
flurdy
If they have access to your sim they can probably reset your passwords and
possibly get TFA via SMS to most social media and email accounts....

~~~
waqf
It depends on your exact threat model, but when your attackers are state
agencies you should probably be assuming that the telephone network is
compromised anyway.

------
rl3
Using detention as a tool to extort access from people is underhanded at best.
Rifling through people's digital devices should not be acceptable.

Why doesn't Apple/Google/Microsoft/Facebook _et al._ coordinate with
organizations like EFF or ACLU and throw their weight behind a campaign to
stop this bullshit?

If not companies, there's still plenty of extremely wealthy individuals in SV
that one would think might care.

~~~
notsrg
Because none of those companies actually care about privacy? (sans maybe
Apple).

------
throwaway2439
I work at a military base, I received a background check and everything, not
for anything classified, but for a scientific research group stationed on a
base. Now, I think I'm afraid to leave the country because I'm not white.

Here I was planning to get global entry, but it's clear it doesn't matter
lick.

~~~
wheelerwj
i don't know why skin color has anything to do with it? its a religious issue.

or worse, its a class issue in which case, all of us are pretty boned.

------
fny
All the people suggesting a "duress mode" would solve this issue need to wake
up.

For as long as it's not illegal to force people to open up their phones at the
border, you are not under duress. In fact, the government could even warp the
situation to where you'd be commiting perjury by showing a fake screen.

Unfortunately, we can't solve this problem through technology: we need to
convert the broader public and fight to make the representatives we elect work
for the people.

~~~
wheelerwj
while i disagree on your point sbout duress, you are absolutely correct about
this being a legislative issue, not a technology one.

~~~
fny
Legally, duress is defined as "any unlawful threat or coercion used... to
induce another to act [or not act] in a manner [they] otherwise would not [or
would]".

Key word there is _unlawful_. Unfortunately, the Supreme Court has upheld that
searching and seizing your device at the border without suspicion or warrant
is _lawful_ if done for the public interest. [0] (Insane, no?)

Now want to become a purjure? Just sign a form declaring you're giving agents
access, and then dump them on a fake screen.

[0]: [https://www.eff.org/deeplinks/2016/12/law-enforcement-
uses-b...](https://www.eff.org/deeplinks/2016/12/law-enforcement-uses-border-
search-exception-fourth-amendment-loophole)

------
blintz
> More importantly, travelers are not legally required to unlock their
> devices, although agents can detain them for significant periods of time if
> they do not.

What kind of ridiculous technicality is that? Detainment isn't supposed to be
a tool to coerce cooperation.

~~~
wheelerwj
every government has a right to process a crime, and that takes time.

so its not unlawful until it's unlawful.

------
BJanecke
Obviously appreciating that NASA has some sensitive data but just for a second
also try and appreciate how would this play out for someone who works in the
financial industry, where unauthorised sharing of sensitive data is not only a
breach of contract with your employer/clients but a crime(insider trading) in
almost all countries.

Or imagine how the people who enforce these new regulations can exploit this.

Query from the traveller at the border what their job is, if in the financial
industry request that they relinquish their email find something that could
tip you off and go buy stock. If they don't you lose nothing, you deport them,
you do your job.

I understand that you might want to tear this apart, but keep in mind the
person that requests your data will often not be the person viewing it, so you
are in no position to just "Take some names" and then ensure that your data
remains confidential.

This is terrifying.

~~~
acqq
> Or imagine how the people who enforce these new regulations can exploit
> this.

I can imagine that perfectly: When Trump was asked about global warming he
mentioned "these e-mails." "These" e-mails are the internal communication of
the climate researches working at the UK University.

[https://en.wikipedia.org/wiki/Climatic_Research_Unit_email_c...](https://en.wikipedia.org/wiki/Climatic_Research_Unit_email_controversy)

Now, the e-mails didn't contain anything problematic, but were still used
against climate researches by the "deniers" who mischaracterised and took the
phrases out of the context. Details are in the Wikipedia article above.

Now this NASA guy was "enrolled in Global Entry" meaning the border searchers
already _knew_ he works for NASA.

NASA does climate science.

And there's real chance that the searchers have copied the whole content of
his phone.

And it's imaginable that again something somewhere can be used as a big media
campaign based on something taken out of the context, because _it already
happened once._

With Trump really mentioning "these e-mails" I can imagine him using such a
campaign as a pretext for even more unprecedented measures against climate
scientists.

I can't say if this specific case is part of something like that, only that I
can imagine something like that.

~~~
mturmon
His area of research seems to be adaptive optics, not climate science. These
areas are way apart at the lab where he works.

------
biafra
What is the worst that can happen to a non US citizen, who is not producing
the passwords they demand? Being send back immediately and all belongings
seized? Or only devices they do not get the decryption passwords for?
Detainment for how long? Being charged with what?

~~~
waqf
Well, the _worst_ probably involves being abducted and tortured, but I'd
expect that to be only if you were at least suspected of being a particular
known person of interest.

I think the worst likely case if you're just generally noncooperative is being
detained for hours/days then sent back and banned from the US for life.

------
kentbrew
Some tweets from @Pinboard feel like they want to go here:

This is a small point but important: don’t specify people are ‘US-born’;
either you’re a US citizen or you’re not.

Emphasizing that someone was born in the US as a kind of super-citizenship
plays into the hands of people you don’t want to be helping.

The proper term for someone born abroad who doesn’t speak English and has a
brand-new US passport is: “American”

------
bitwizzle
Now is the time for vendors to consider implementing a duress password. Upon
entering your duress password the user is presented with a fake profile, or
perhaps everything could just be wiped. I'm not sure how well this would play
out in the real world, but it's one of the best things protections I could
imagine if you want to carry sensitive data across borders.

~~~
DamnInteresting
I really wish mobile device vendors would add support for multiple unlock
modes. E.g.:

* "Me mode" that unlocks everything.

* "Kid mode" that only allows one's kid access to pre-approved apps and features.

* A "lend to a stranger to make a call" mode that is a lot like the kid mode, but it also causes the phone to start broadcasting its GPS location frequently (and refuse to turn off [though it might fake it]) in case the stranger steals it.

* An "under duress" alternate PIN that unlocks an alternate profile full of nothing but benign activity, with no indication of (or access to) the encrypted real profile. Once in this mode, the phone cannot unlock normally without a non-phone 2-factor authentication (e.g., email).

All but the last could use the normal PIN, perhaps with different "submit"
buttons. I would also love to see the same thing on ATMs, where an alternate
"I'm being robbed" PIN will show a fake, low balance in the account and limit
withdrawal to that value.

~~~
ajmurmann
That idea is so good. The ATM could also sound a silent alarm, just like some
home alarms do. The phone could maybe even start recording all interactions
and automatically submit to something like ACLU.

~~~
DamnInteresting
The silent alarm idea is excellent. Perhaps this could also trigger the
machine to scan and store the serial numbers of the dispensed bills, so the
bills themselves could become evidence of the crime.

------
Mikeb85
This happens in Canada too, unfortunately (was in the news quite a bit not too
long ago, and can be seen in action on that reality TV show about border
security).

Best to wipe your phone, and not bring any sensitive documents across borders
period.

~~~
droithomme
Yes, you should wipe your phone, but after they have been in the back room
with it for an hour it is compromised and can not be used any longer.

~~~
mirimir
Right. That's another reason why you should take only disposable stuff across
borders.

------
virmundi
As a white man, I'm a bit concerned about coming back into my own country. The
only social media accounts I have are here and reddit. Will the guards at the
gate accept that I don't have a Facebook or twitter account?

~~~
hacknat
I think if you don't have the apps installed they'd probably would assume you
were telling the truth. As a white man, you probably don't have much to worry
about.

~~~
DanBC
They detained the former Prime Minister of Norway, a very white guy, because
he'd been to Iran for a conference.

~~~
Sebguer
They actually detained him because he didn't have a Visa to be in the US,
which is a requirement for anyone, even those who would not normally need a
visa, who has been to Iran and a select few other countries in the last few
years.

That isn't to say the entire situation wasn't bullshit, just that it wasn't
the case of the Borders agent randomly stopping him for being in Iran.

~~~
varjag
Not sure what you mean by that. Norwegian nationals are covered by U.S. Visa
Waiver program, they don't need a visa.

~~~
jamiek88
They do if they've been to Iran.

Its a relatively new rule.

------
xexers
"You will not share your password (or in the case of developers, your secret
key), let anyone else access your account, or do anything else that might
jeopardize the security of your account."

[https://www.facebook.com/terms](https://www.facebook.com/terms)

It would be a violation of my facebook terms and conditions to share my
facebook password!

------
Esau
This is bullshit. The U.S. should be required to treat its citizens in a
constitutional manner regardless of where they are located.

------
clamprecht
> “I asked a question, ‘Why was I chosen?’ And [the CBP agent] wouldn’t tell
> me,” he says.

He should file a Freedom of Information / Privacy Act request to get the
reason they chose him.

~~~
huac
FOIA can be denied on grounds of national security, pretty sure

~~~
clamprecht
Definitely, but it's worth asking.

~~~
reddytowns
Not really. Now they have another reason to push you around.

------
heckubadu
Here's gov data on device searches, from the ACLU
[https://www.aclu.org/government-data-about-searches-
internat...](https://www.aclu.org/government-data-about-searches-
international-travelers-laptops-and-personal-electronic-devices)

------
helpfulanon
So, for a casual traveler who may have a phone with conversations peppered
with unfavorable political views throughout - what is the best security
hygiene in this situation?

Anyone have tips or tricks that average people can use, things that maybe
don't involve having a separate phone etc?

------
droithomme
US citizens can not be prohibited re-entry into the US.

~~~
macintux
Really?

We MURDERED a US citizen abroad.

~~~
jcranmer
The legality (indeed, constitutionality) of that action is extremely suspect.
Most of the War on Terror rests on extremely tortuous legal interpretations,
and large portions of it have failed to hold up in court.

------
ianderf
Nobody has mentioned the "Scroogled" short story yet? I really hope this is
not the future that expects us.
[http://www.crimeflare.com/doctorow.html](http://www.crimeflare.com/doctorow.html)

~~~
samat
One of the best I have ever read. Does anyone now where to find more stuff
like this?

------
tn13
What if you are judged by the password you have chosen ? You have 24 character
password ? Clearly you want to hide something more sinister.

Why is your password "ResidentEvil3040" ? You intend to not return after
visiting USA ?

------
npiazza83
Honest question here... can you plead the 5th amendment to avoid civil
liability? I don't know if revealing company trade secrets is an actual crime
(even if you work for NASA) but working for almost any company this would be
breach of contract and grounds for termination...

------
otaviokz
Welcome to the USSR as we read about in school...

:(

------
bayesian_horse
I feel myself discouraged from visiting the US for the next few years at
least.

------
pedalpete
The Customs agent insisted he had the authority search the device.

I was thinking about this the other day, as a non-American, and I don't see
how that is possible.

I work for the Australian gov't and of course cannot give out passwords or
access to any of the devices which I carry which belong to the Australian
gov't. How does US Border controls deal with that situation. They definitely
do not have the authority to search a device owned by a foreign gov't, though
it also seems they don't have the authority to search the device of an
American either.

Thoughts?

------
MR4D
Intersting thought...since this appears to be the law of the land, and the
border is controlled by the Executive Branch, what happens if somebody who
works in one of the other two branches is stopped? It seems they would have a
good claim that it's unconstitutional given the Separation of Powers that the
constitution provides.

I would think that once a lawyer frames the possibility of this in front of a
judge, that the law will be stricken down.

------
Abishek_Muthian
Supposedly the reason being analysed is his South Indian name ' Sidd
Bikkannavar ' ; I'm curious to know the story behind his name being a South
Indian myself. The part of the name 'annavar' is generally found in interior
villages being associated with village gods but I have never come across
anyone named this way, perhaps it was 'Siddarth' which got shortened to Sidd.

------
sneak
Use a password manager. Use long random passwords for every site.

Set your phone PIN to something 20 chars and random and text it to your
friend. Write your friend's number on a slip of paper but add 1 to each non-
area-code digit.

Disable biometrics. Power off phone.

You now no longer have the ability to provide the information they seek at the
border.

Call your friend when you get through (from someone else's phone) and change
your PIN back.

------
sova
Telecommunications devices are so strongly regulated and the laws regarding
privacy so systemically ignored that it's a wonder we even petition our
rhetorical "ownership" of said stuff. Jokes aside, just because an airport is
an "effective border" and also a big police station at the same time, that
does not mean you waive your rights.

------
Frogolocalypse
While I have visited the states many times over the years, and enjoyed the
time I spent there, I will never go there again.

------
bradneuberg
If this becomes common place across borders phones should come with a "fake"
unlock access code - if you enter it it drops you into a plain vanilla setup
with some fake contacts perhaps. Might make sense to create fake email and
social media accounts too then...

------
6nf
This guy is a US citizen. What are they going to do if he refuses? He has the
right to enter the USA. At worst they can confiscate the phone but without a
court order I don't see how they can detain him indefinitely. Can they?

~~~
mahyarm
They harass you for a quite a while and detain your for possibly a day or
more. They might even play a game of 'I don't think your actually a US
citizen'. You also get a note of 'had problems at the border' and all future
crossings for you and anyone travelling with you will be far more unpleasant
for many years.

Not very pleasant for most people, and most people don't care about the
contents of their phone that much unfortunately.

------
donquichotte
This reminds me of the guards on the border between Kazakhstan and Uzbekistan
that wanted to check the photos on my phone, presumably because the import of
pornographic material into Uzbekistan is strictly outlawed.

~~~
LoonyBalloony
Oh man, good thing the guards didn't know you were naked underneath your
clothes!

~~~
donquichotte
Also, they have decent internet and little censoring in the country.

------
JustSomeNobody
So, if it was NASAs phone, why not call their legal department before turning
over the phone? I carry a work phone and would definitely seek legal counsel
before turning it over to anyone.

~~~
anigbrowl
And if they won't let you?

~~~
JustSomeNobody
I'm a US citizen and as such I have the right to legal counsel.

Edit: yes that's I guess only technically during prosecution. But I still
wouldn't turn over anything until I did.

~~~
anigbrowl
Yes, but good luck enforcing that if they don't like your face. Of course you
should always assert your rights, but the notion that this will always be
sufficient suggests to me that the holder hasn't ever been in a tough
situation.

I'm not having a go at you. I've seen criminal lawyers' jaws fall open when
they take a class in immigration law and discover there's a whole parallel and
much scarier legal system for 'other people'.

------
ommunist
Looks like US gov is a self-eating snake. Reminds me of grave incident
happened to Dr Stephen Mann, who was brutally deprived of his reality
augmentation devices on the US border.

------
JammyDodger
Why is this even a story? I've had the same thing happen to multiple times
coming into the UK. I'm also white and British if that makes any difference.

~~~
agd
Just because we in the UK have the awful Schedule 7, does not mean it's
generally acceptable in Western democracies.

------
nnd
Looks like one would need to wipe their phone before traveling to US from now
on. What about laptops though? :/

------
whalesalad
This happens in other countries too. It's happened to friends of mine entering
Canada from the United States.

------
SN76477
I guess I will start packing my phone and using my ipad when I travel since it
has less personal data attached.

------
99_00
This happens every day in western countries. It happened before Trump and it
will happen after.

------
Pica_soO
Could i have a dualboot jon-doe os on my phone, presenting the most boring
person ever?

------
tn13
How does this apply when my phone belongs to my employer and has sensitive
data on it ?

~~~
ptaipale
Standard procedure is that you comply. Your employer's job is to equip you
with a burner phone and laptop that contain nothing confidential and that you
can give up at border. Sensitive data is shipped by other means.

------
yarou
Let it happen to Thiel or Musk, see how quickly the procedure will be
reversed.

~~~
ubernostrum
Musk would like to sit down for coffee with the border guards who are
detaining him and try to steer them onto a wiser course. Which will totally
work super well any minute now! All he has to do is show he supports them and
is willing to work with them and they'll _certainly_ change how they operate!

------
br_smartass
Great freedom, huh?

------
ArenaSource
where did I put my old Nokia 8210...

------
kareldonk
This is what happens in statism. Time to wake up, slaves. Google my name and
statism. Read.

------
kevin_thibedeau
> Since the phone was issued by NASA...

So it was already government property. I don't see the issue here.

~~~
throwaway2084
Did he notify NASA Security office, or NASA OIG?

Curious what NASA OIG would have to say about this. They could determine that
CBP actions were a security breach, and detain the CBP "agents" for
questioning.

Their special agents have badges.

[https://s-media-cache-
ak0.pinimg.com/originals/27/37/92/2737...](https://s-media-cache-
ak0.pinimg.com/originals/27/37/92/273792774762e6b15e7ead6de2e4cd6a.jpg)

Defense Criminal Investigative Services (DCIS) have been known to detain
federal employees like TSA screeners over security issues.

~~~
coldcode
He immediately turned the phone off and gave it to NASA security to study who
were none too pleased about it. This is a breach of trust between two US
Departments and likely will not go away.

------
tn13
This is really sad. As an immigrant I always thought this was coming. I never
fly on a muslim airlines like Etihad to Turkish even though they are more
convenient, I do not accept friend requests from muslims people on LinkedIN
and Facebook.

~~~
danyim
How does that help? Aren't you passing judgment here?

~~~
tn13
Actually I would glad to have many of those people are friends I am just
worried that US government will target me.

------
batbomb
Conceivably, it's quite possible he had information which is subject to ITAR
regulations, including data about sensors, mirrors. At the very least, he
probably had sensor vendor specifications which are trade secrets and often
covered under NDAs.

~~~
yardie
Did you bother to read the article? He was detained coming into the country.

Just call a spade a spade. Trump wrote a shitty, racist executive order and
people from all walks of life who happen to have one thing in common, a Muslim
sounding name, are caught up in it.

~~~
shripadk
How is "Sidd Bikkannavar" even remotely "Muslim sounding"? It's a Hindu name.
He probably shortened it from "Siddarth" Bikkannavar to Sidd Bikkannavar like
most Hindus in foreign countries do. Bikkannavar is a place in Karnataka,
India. Maybe that is his parent's place of origin.

~~~
anigbrowl
One furriner is very much like another. I've had to explain to people worried
about a Sikh temple that Sikhism is its own religion. Lots of people are
neither well aware of nor interested in the rest of the world, they only like
what they already know.

~~~
LyndsySimon
> One furriner is very much like another.

The irony of your mocking my accent while trying to cast people who share it
as bigoted is not lost on me.

~~~
anigbrowl
How could I possibly know what sort of accent you have? I know absolutely
nothing about you other than your screen name and what you wrote yesterday. I
don't even know what country you come from or what gender you are.

'Furriner' is a good word to describe someone whose lack of interest in the
outside work is so fundamental that they aren't interested in even spelling it
properly. I'm not applying it to you, I'm using it to point out that many
people are xenophobic to the point of being indifferent to where foreign
people come from or what differences exist between them, they're just 'not
from around here' and therefore undesirable. This attitude exists and is
widespread, I don't know why you're upset at me for pointing that out.

