Ten Tips For Protecting Your Devices From Seizure By U.S. Customs

Fourth Amendment be damned

With U.S. Customs agents increasingly interested in the contents of digital devices like iPhones, iPads and laptops, The Electronic Frontier Foundation has issued guidance for getting your mobile device across the border safely and protecting the data on it should it get seized.

The Fourth Amendment to the U.S. Constitution protects American citizens from unreasonable search and seizure – a fundamental Constitutional right that courts have interpreted as encompassing not just our bodies, but our stuff: homes, cars and these days, our electronic devices. But the 4th Amendment doesn’t extend to U.S. border crossings, where courts agree that the government has the legal authority to seize and search your car and devices, even when there’s no suspicion of wrongdoing. The Electronic Frontier Foundation has put together a guide (.PDF) for would-be border crossers to protect their devices from seizure and protect the data they contain in the event that U.S. Customs decides to take a closer look. Here’s a look at some of their tips from “Defending Privacy at the U.S. Border.”

(Image via wonderlane's Flickr photostream)

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Encrypt using a hard token

You can't be forced to provide access if you don't have the needed hardware to decrypt the drive. Using Truecrypt and a product such as a Yubi key you could encrypt the drive using the Yubi key as the pass then send the Yubi key via a third party to your destination. You could truthfully answer any legal authority that you cannot decrypt the drive. 

a few more observations

  • "Just go analog" if your name/number might be on someone else's siezed phone even if you werent even friends with that person.  Be ready to lose your stuff and spend a lot more time in the airport than you were expecting to.
  • Be ready to explain that the ICE entry on your phone means "in case of emergency" and is so emergency first responders will know who to call if you are unconscious and can't tell them.  Unless of course it actually is a way for you to reach your mole in "immigration and customs enforcement" as they will naturally suspect.
  • Realize your cloud data can be searched without your ISP telling you, or an entire datacenter can be siezed, leaving a % of law-abiding users in the lurch, or "lawful intercept" features these ISP's provide to law enforcement can be compromised and backdoored.  But it will be painless because you won't see it.  Maybe that's enough.  Like the TSA agent who has the courtesy of being in another room when watching the nude photos taken of your wife and children at the gate. 
  • When you make a declaration of $10K in bitcoin, and that's all you have on you, don't expect US customs to be cool with that, as persuasive as your arguments may be that you can quickly exchange it on arrival and have it fund your entire stay. 

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