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.
> — ... threat to TRANSPORTATION security, which is theoretically the only reason someone should care when you’re crossing a border, boarding a plane, etc.
This is not a fact. Transportation security is not the reason border security exists. I think warrantless devices searches at borders should be illegal and I feel they are unconstitutional, but it's not true that border security boils down to only transportation security.
> — 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.
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).
— 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.