schoen
3 hours ago
I co-wrote a border search guide for EFF some years ago. I was very interested in finding clever technical approaches but I later ended up feeling that I hadn't given enough thought to the overall threat model questions (even though the guide did address them, perhaps even somewhat usefully).
The big picture problem is that the agents performing the searches have an enormous amount of power in terms of potentially seizing devices and potentially denying entry for non-citizens. I think they should not have this power, but the agents and courts probably don't care that I think that.
The end result (not inherently different from what we wrote in the guide) is that you may have to think both about protecting your data by technical means, and about not angering the agents more than you plan to. I was fascinated by techniques for being unable to comply (which is straightforward to achieve if you want!) but probably didn't think enough about how much this might antagonize border agents in many cases.
I definitely don't know a comprehensive big-picture solution.
itake
3 hours ago
can you share the link? This?
https://www.eff.org/document/eff-border-search-pocket-guide
----
Seems the better strategy (for iOS) is come in with a plan to say yes to agents without pissing them off (like handing them an empty phone).
better to local back up, encrypt, upload to your home server etc.
Then login to a fresh iCloud account, selectively install apps, photos, and mail accounts. So it doesn't look like you're walking in suspicious.
invalidusernam3
an hour ago
This seems like an insane thing to have to do for visiting a supposed first world country. If phones had been around during USSR times I imagine you would have had to do the same. Personally I will rather just avoid any travel to the US, and I hope others do the same.
mcv
an hour ago
Security concerns you need to think about when visiting the US are absolutely no less than those when visiting China these days. Treat it like a totalitarian dictatorship with more technological means.
frgturpwd
an hour ago
Honestly, I personally would be less nervous visiting China.
VBprogrammer
2 minutes ago
This has become a running joke with a couple of the people in my office who have recently visited China (from the UK).
The next 2 years will be interesting for democracy as a whole.
frgturpwd
an hour ago
I wouldn't say you are overreacting at all. I know someone who was detained for months on US soil after a phone search where the only "evidence" against him they found is illegal content sent by someone else to him on a group chat he doesn't even check. Had to get a lawyer and spend time in prison just waiting to be deported back.
oceanhaiyang
an hour ago
What is illegal content in this context?
rolisz
40 minutes ago
Jokes about Supreme Leader Trump?
(I'm not the person you replied to, I have no idea)
zombot
an hour ago
> for visiting a supposed first world country.
... which by now is a banana republic of the worst kind. Can you interact sanely with an insane counterpart? Avoiding to visit would be my recommendation too.
bryanrasmussen
an hour ago
who believes an empty phone?
hn_submit
an hour ago
What about simply not using a smartphone and accessing your data via internet when you're in the country? You could use Mega (secure file storage) to access your files, for example.
I wonder if border agents could coerce you into giving access to your internet file storage, though.
Gareth321
an hour ago
I believe they can. I believe they can even request your social media credentials, despite that being against the ToS for those sites. It's not against the law to refuse, but they can and will reject entry on that basis.
matwood
2 hours ago
> I think they should not have this power, but the agents and courts probably don't care that I think that. ...
> and about not angering the agents more than you plan to
When I was a teenager (long ago at this point), I got into an argument with a police officer over surfing in a certain area. It was pouring down rain, so he was annoyed he had to sit outside and wait for my friends and me to come to shore. Once we got in, he was telling me that he could take my surfboard and my car, and all other craziness. Being the dumb smart-ass I was at the time, I laughed and told him he was full of shit, among other things. He went to take a swing at me but his partner grabbed him.
We all go to court and the judge immediately dismisses the case against all my friends. I had a lawyer with me that I knew and he went to talk to the cop and when he came back over he goes "I don't know what you did, but that cop hates you." I get up in front the judge and he praises me for understanding the law (and I could still see the cop was visibly pissed), but then says he can't have me disrespecting and being a smart-ass to his cops and gave me community service that once completed whatever the ticket was would go away.
Telaneo
2 hours ago
> but then says he can't have me disrespecting and being a smart-ass to his cops
Maybe it's just me, but I am of the exact opposite opinion. Cops have enormous power, and any misuse of it should be pushed back on hard. Cops that misuse their power should not be respected. An informed citizenry is a wonderful asset in making that power imbalance less of a problem.
dgoldstein0
2 hours ago
There's a difference between polite pushback and being straight up disrespectful. It shouldn't matter as the cops shouldn't abuse their power and shouldn't attack people, but we live in the real world. The judge probably didn't want to have to deal with the potential future mess if op didn't learn their lesson and got beat up by a cop.
tripzilch
2 hours ago
"Straight up disrespectful" can be made up to mean anything, but in general should refer to things that shouldn't bother police officers doing their job. They can get pissed off about it in their own time.
TeMPOraL
an hour ago
And then people are surprised and saddened when LEO start acting like robots and default to treating you as threat to be mitigated as much as legally allowed in context.
The parent described a story from a different reality - one where people are people, where communities have basic expectations of conduct, and authority is respected on all sides. The cop was angered and snapped (bad), but was stopped by their partner (good, and it's one of the reasons cops have partners!). The parent was a kid who behaved like an asshole in a moment, by their own admission. Plenty of teenagers act like that, it's an age-old more. The judge did not act as a proxy for the angry cop to retaliate, but instead reacted correctly by both praising the civic attitude (to the chagrin and I imagine further embarrassment of that cop), and addressing the behavior that is not welcome in a civilized community.
You can't have it both ways. You can either have civilization of people, or violent hellhole of laywers and robots. Pick one.
(And if you pick wrong, then don't complain, and by $deity, don't export these attitudes overseas, please.)
engeljohnb
a minute ago
People are frequently "straight up disrespectful" to me in my work. I have to maintain professionalism and composure at all times, and if I were to suggest otherwise I'd get laughed at best. I don't see why it's hard to ask for cops to do the same. A real threat that I need to call security for is very easy to distinguish from a person just being an asshole.
tripzilch
an hour ago
> And then people are surprised and saddened when LEO start acting like robots and default to treating you as threat to be mitigated as much as legally allowed in context.
yeah that would be pretty petty, given that most people in their lives are able to perfectly deal with such behaviour, whether it's their job or in personal life, without a judge to slap annoying people on the wrist
what is this prima donna behaviour?
it is them that need to work to deserve their uniform, they need to understand it is an honour they have to keep up, be the better person. if you can't do that, you have no job wearing that uniform.
but I guess their narcissism must feel strengthened by people like you arguing this is perfectly reasonable behaviour for officers of the law
you can have it both ways, you just need to want it
tsimionescu
an hour ago
There is a general understanding that police officers deserve implicit respect while on duty, more so than random citizens, as they are representatives of the law. Swearing at a random passerby is rude but legal, swearing at a police officer is against this need for respect and is a misdemeanor in many places around the world.
int_19h
an hour ago
It's not respect unless it goes both ways.
eecc
2 hours ago
Yeah, but go tell that to the judge who’s just about to slap you with a sentence.
Unless you want to fight that all the way up the judicial food chain
Telaneo
2 hours ago
Absolutely. It's not worth it unless you're more principled than anyone I know at least. Instead you're left with a minor punishment and most of your faith in the justice system left behind.
underdeserver
an hour ago
There's a huge difference between misusing their power and not having perfect understanding of what they're allowed and not allowed to do.
I'm sure there are scenarios where the cop can confiscate the surfboard and the car. The distinction is probably somewhat vague even for highly educated lawyers, and cops cannot expected to be that.
He should have stood up for his rights, sure, but laughing in the cop's face and telling them they're full of shit is disrespectful, and at least where I live is a misdemeanor even if the original case is wrong.
wongarsu
an hour ago
As a citizen, when I have an incomplete understanding of what I'm allowed and not allowed to do I have every incentive to stay on the side of things I'm sure I am allowed to do. Just threatening to do things that you are not allowed to do has the annoying tendency of being a crime
I'm not sure how this suddenly flips for cops
mihaaly
an hour ago
And what did this judge think (not much, apparently)? Punishing you will make you respect the cops?! This idiot confuses the fear of punishment with respect. Also, does not understand that respect is not to be forced but to be earned. Forcing it will erode respect and generate lots of pretension and covert hate. This judge basically endangers all cops (and the community) for giving revenge to this one prick lacking self control! It's mind-blowing that someone less mature than a teenager can become a judge!
einpoklum
2 hours ago
Too bad you could not bring that judge up on charges of judicial misconduct - if he indeed told you that the charge against you had no merit, but decided to punish you anyway because he did not approve of your demeanor.
... or otherwise, that people in your community could not apply any counter-pressure to such judicial behavior, in the media and public fora.
dijit
2 hours ago
at some point you just take your lumps.
Most people don’t have boundless time or energy and just want things to go away.
… ironically this fact is used a lot in gaining confessions by police.
jpfromlondon
an hour ago
I don't carry a smartphone, is this likely to be a red flag if I'm stopped?
majke
an hour ago
Many countries now assume you have a phone. For example getting UK visa requires a smartphone. I don't think going without a phone is feasible nowadays.
Another question is if going with a burner phone that has just sim card and bank card, sufficient. But then you need appleid/google account on the device, and this again links back to your phone number, and it's not easy in practice to have proper clean device.
IshKebab
3 hours ago
So I guess what you really want is a duress PIN that loads into a fake innocent profile.
ifwinterco
3 hours ago
Yes I thought this was the standard solution?
People have been doing this since way back in the TrueCrypt days - IIRC you could configure it to run a whole fake version of Windows if you wanted without easily revealing your actual main volume.
Most hardware crypto wallets also have a "duress wallet" feature where you keep a low balance for the same reason.
Wiping is obviously extremely suspicious and asking for trouble
jjbinx007
2 hours ago
"Wiping is obviously extremely suspicious and asking for trouble"
It's sad this is the default view. It's his device, his data, his life on that phone. If he had wiped the phone before the interrogation it wouldn't be a problem. How long before? A second before? A week before? But wiping the data a minute later is suddenly asking for trouble.
ifwinterco
2 hours ago
I don't like it and I wish we had more privacy, but realistically there is no such "right".
If you're going to be in a situation where you're in a room with some goons backed by the full power of the state, it is what it is.
Maybe because I'm not American I don't have any hangups about seeing the US government this way, but my own government is no different - you can (and people have) get stopped at Heathrow, taken to a dimly lit backroom and given a going over for hours
schoen
2 hours ago
I don't know that there is case law on this but I imagine that "prior to the admissibility inspection" is likely to be treated differently from "during the admissibility inspection" or "during administrative detention or secondary inspection" (or "in response to a request or question by a border agent"!).
Edit: a bigger picture question is the difference between things that may be legally punishable and things that may cause suspicion from CBP agents, which aren't the same thing at all.
bryanrasmussen
an hour ago
it seems to me that if you give them a password to unlock the phone and when it unlocks it has been wiped that will cause problems whether it is the password that causes the wiping or not?
schoen
2 hours ago
We noted in the border search guide that lying to the agents in response to their questions is potentially a crime in its own right (even if it's not done in order to hide anything illegal). We thought that this made hidden volumes quite tricky, particularly if one's intent was to pretend to comply with a question or request while actually not complying.
mrandish
an hour ago
IANAL but I think while lying to some questions might lead to obstruction charges, not answering is simply exercising the right to remain silent.
tsimionescu
an hour ago
Sure - but the point is, if you're instructed by the officer to enter a password so they can inspect your device, and you enter a fake password and show them a fake version of your data, that could easily be found later to constitute a lie and lead to serious legal trouble.
withinboredom
43 minutes ago
I'm pretty sure they can't compel you to enter a password.
Sammi
3 hours ago
Or that just selectively wipes only stuff you have marked for deletion. That way the profile stays up to date and believable.
ozim
3 hours ago
Problem is „are you sure you marked for deletion all the correct things” because you could have already deleted it before traveling or moved to other device you don’t travel with.
Selection on border control might be arbitrary, they can hold you or send you back over a photo or something you wouldn’t think should be a problem.
Ideally you would like to have all wiped just in case but then you really stand out…
jbstack
2 hours ago
That's a more risky strategy. What if you added new files since the last time you updated the deletion profile? It's also technically more challenging. You have to think about what might be in RAM, caches, backups, etc.
The good thing about a total wipe is that it's very easy to implement, and it's hard for it to go wrong. You just encrypt the whole drive and, when you want to wipe it, erase the key.
b112
2 hours ago
Yes, this also has the advantage of speed perhaps. I can see, deleting specific apps (and their data) as thing #1, and thing #2 would be certain directories. Of course, the problem is, are icons going to be vanishing off the home screen, when the agent is looking at it? Or will the unlock -> screen coming on, be super slow?
Of course the problem there is, many people have an app store installed, and app stores have histories. And logs. And "what you used to have installed" is so easily found under Google Play, for example.
As someone else said in this thread, the law isn't code. It's not if-then statement based. It's also predicated upon intent in many cases. What actions did a person take, and why, when told to (for example) unlock their phone.
The problem here is that if you are asked to unlock your phone, any action you take to thwart that request by "trickery" to get data deleted, could be construed as 'deleting evidence'. So while some methods might make it more difficult for the border agent to realise "something happened", if they're suspicious still, then you're still in hot water.
In the eyes of the law, the court, and likely the jury, you've done a sneaky thing to thwart evidence collection.
The only safe method is a full wipe prior to travel. In this manner, you're not deleting evidence when told to hand it over. It's an entirely different bar. They can be cruel about it, and take your phone for a few months, but you're not going to be in legal hot water.
In as no one will see the phone is wiped until you are compelled to unlock it, there's no greater change of the phone being seized. You're already being investigated. Just be blunt, say "Whenever I travel, I just wipe it", and that's that.
This is why it's a shame that GrapheneOS has no viable backup solution. Its build in method is unreliable, and doesn't work very well, and is gitchy, it's a very well known problem.
And Android and ADB sometimes have issues with large backups of directories, and so you have to manage that with tar + stream and other business, but at least working around that is easy.
But if you could backup individual apps and all their data, you could uninstall all your privacy laden stuff, cross the border, and reinstall in minutes.
That's the true, legal way to travel safely. Especially if the app removal resulted in a 'shred' of the data files instead of delete.
If anyone has ever struggled with large data backup/restore, here's the only real method I've found for copying large swaths of files from/to via adb:
adb exec-out 'tar --dereference --create /storage/emulated/0/dir/ 2>/sdcard/backup-errors.txt' |dd of=/tmp/backup-$(date +%Y%m%d).tar && adb shell cat /sdcard/backup-errors.txt
and to restore dd if=backup-20250309.tar | \
adb exec-in 'cd /storage/emulated/0/tempdir; tar xpvf - 2>/sdcard/restore-errors.txt' && \
adb shell cat /sdcard/restore-errors.txt
Or something similar.tsimionescu
an hour ago
Note that in the USA and a few other jurisdictions, I believe there is now a recognized possibility for the border agents to ask for access to your social media, so even wiping the phone, or even traveling without a phone, is not entirely safe.
lloeki
40 minutes ago
As far as facts go I was thinking of this one case:
... where I seemed to recall it was a social media post, but it is unclear whether it's private messaging, public social media, or private messaging under a public social media account.
[EDIT] according to [1] it was on WhatsApp with a U.S national.
My understanding is that refusal to provide social media accounts, or passwords to devices, or passwords to social media accounts, can be considered suspicious in its own right and ground to be held in custody for further exam, and/or denied entry; foreigners do not get to have the same "give password" == "right to not incriminate yourself" that U.S of A. citizen have. In doubt I would assume I don't.
[0]: https://www.lemonde.fr/en/international/article/2025/03/20/f...
[1]: https://www.lemonde.fr/international/article/2025/03/22/le-r...
LouisSayers
an hour ago
Or travel with a diary containing a post-it note labelled "p4sswd"
jonathanstrange
2 hours ago
Just don't travel to the US.
wvh
an hour ago
This. If any country won't treat you like a guest, avoid travelling to it.
If it's your own, that's harder to do – time to fight and change the system before it gets worse and will swallow you whole.
schoen
2 hours ago
I live in the U.S. (as, I think, does the person who is the subject of this article).
brettermeier
32 minutes ago
Maybe change your location then :P
atoav
2 hours ago
My friends from the German CCC are mostly like (1) do not travel to the US and (2) if you absolutely must, travel with an empty device with decoy data and download all data you need once you're there.
epolanski
19 minutes ago
This is one of the reasons I also won't ever go to the US again.
While most of my Italian/Polish friends had 0 issues, on a handful of occasions people were stopped and questioned for hours with agents pretending full access to every single device and just overall treating you as criminals.
In one occasion a friend of mine stated that he was quite sure they just enjoyed that kind of sweeping power and it had nothing to do with border security, it was just fun to them.
In another one, the suspicion was on the fact that this person did not have socials, he just disliked them and had nothing except a Google account for Youtube. This fact made them super suspicious and the person was stuck at La Guardia for 3 hours, even his body was inspected. Disgusting.
realusername
3 hours ago
> The big picture problem is that the agents performing the searches have an enormous amount of power in terms of potentially seizing devices and potentially denying entry for non-citizens. I think they should not have this power, but the agents and courts probably don't care that I think that.
That's the reason I never traveled to the US and never will, just having IT security in your CV is enough to make the border gamble not worth it
schoen
2 hours ago
Note that border searches of electronic devices are extremely rare overall. There were some statistics from CBP implying a base rate lower than 1 in 10,000 (I think lower than 1 in 100,000) border crossings.
I do know two people who have experienced them as a result of the government taking a personal interest in them, so it's certainly not impossible. However, it's not a common experience.
I've personally experienced searches of my suitcases about four times in about 100 U.S. border crossings (as a U.S. citizen, but the people performing or directing those searches generally didn't know my citizenship status), and zero electronic device searches.
epolanski
14 minutes ago
I'm European and I know plenty, albeit the minority of those I know that went to the US, so I wonder how reliable are CBP stats.
Maybe my anecdotal experience is influenced by me being in IT, but still.
shevy-java
an hour ago
But why would that be legal? The device is owned by the individual. No judge signed any warrant search for the device. I can do what I want with my device - that is a basic right of property. Imagine if border guards seize money willy-nilly.
rustyhancock
2 hours ago
It's also quite surprising that all socials need to be declared. And presumably them AI vetted in time for you to get to the border.
epolanski
13 minutes ago
You also have to provide every single email account you have used in the last ten years, all of them, forgetting to declare one is an offense.
There's no chances I can remember them all, especially as I've been contracting and get a new email every 3-4 months or so.
schoen
2 hours ago
This part is pretty new. I wonder if my former colleagues have done any FOIA work looking into how travelers' disclosed social media accounts have been reviewed or analyzed!