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CBP Directive 3340-049B: Border Search of Electronic Devices

https://www.cbp.gov/document/directives/cbp-directive-no-3340-049b-border-search-electronic-devices
66•Ember_Wipe•2h ago

Comments

itstotallykyle•42m ago
It's wild, I have worked internationally for a long-time and the rule when going to certain countries was bring a burner device. Going to China essentially meant the device was nuked on return to the States, now it is the same feeling to/from the US.
Caarticles•37m ago
The list of countries where you need a burner phone will likely grow longer. Canada, Australia, UK, some developing countries, etc...
866-RON-0-FEZ•6m ago
Australia's been doing this forever.
gonzalohm•23m ago
Someone should make an app to offload all your data to a personal cloud before going to the airport and then reload it into the phone after going through customs
ZiiS•11m ago
All backup apps work, no special requirements. Seedvault for my LiniageOS.
userbinator•23m ago
The legalese is thick but this is a notable point I saw from a quick skim:

5.3.2 "Passcodes or other means of access may not be utilized to access information that is only stored remotely."

Topology1•21m ago
Is this not old? Since then they have also required all social media to be public.
somebudyelse•11m ago
Don't think this is anything new? Have seen various cases from years ago where they searched texts to determine if the person was planning on working or visiting.

Edit: the first directive apparently was from 2009: https://www.jdsupra.com/legalnews/new-policy-for-device-sear...

soyunpendej0•5m ago
> 5.1.3 An officer may conduct a basic search of an electronic device with or without suspicion, subject to the requirements and limitations provided herein and applicable law.

> 5.1.4 An officer may perform an advanced search of an electronic device only in instances in which there is reasonable suspicion of activity in violation of the laws enforced or administered by CBP or, in the absence of individualized reasonable suspicion when there is a national security concern.

In this climate, the qualifiers in 5.1.4 should be assumed to apply 100% of the time.

So, if you bring a device, be prepared to either unlock it and hand it over to be mirrored or abandon it and deal with whatever consequences fall out of that decision.

I'm probably never leaving this shithole again but, if I do, I'm coming and going empty-handed.

cyanydeez•3m ago
that's not your only options, but the ones likely everyone will follow. Guidance does not equal law.

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68•jabits•3h ago•40 comments

CBP Directive 3340-049B: Border Search of Electronic Devices

https://www.cbp.gov/document/directives/cbp-directive-no-3340-049b-border-search-electronic-devices
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