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"Your papers (and passwords), please"

I've traveled internationally enough that I should probably considered what I would do in these circumstances.

On the one hand, I'm pretty much a "I've got nothing to hide" guy. No, really, while there is probably stuff on my phone I'd just as soon not broadcast publicly (on general principle), there's nothing illegal there that I'm aware of.

On the other hand, that's a mook's excuse. The principle is freedom from unreasonable search and seizure. And it seems the current case law means they cannot compel passwords from people or search electronic gear without probable cause.

Depending on the circumstances, I might be willing to press that issue. Which might, in turn, be very naive of me, but I think it's an important constitutional matter to defend. If there is probable cause to get a warrant, fine. If it's just a matter of "We'd like to poke around your phone and the attached accounts to see what you've been up to" then … no, that's not fine.




California city mayor relinquishes electronics and passwords to agents at SFO
As feds battle over privacy, mayor compares the situation to North Korea.

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8 thoughts on “"Your papers (and passwords), please"”

  1. +Stan Pedzick I can appreciate that sentiment (to whatever extent it's true) without agreeing on how they go about it, of course.

    We would all be, in theory, "safe"(er) if the police could wander into our houses any time they like and search out any illegal or unsafe things — but I don't think most people would consider that worthwhile, either, even if they had "nothing to hide."

  2. No, most people would be more than willing to have people they fear, don't know, trust, or do not like searched on a daily basis (i.e. Stop and frisk), just not themselves because they are not the bad guys.

  3. Well, I don't really carry much in the way of data on my actual phone; it's all cloud-based. So, yeah, I suppose a second phone, or a burner, would keep losing the actual phone from being an annoyance, but they would still have all the accounts to rifle through.

  4. I wouldn't install access to cloud data until I arrive at the destination, and hopefully a secure connection. Even then, I could access most of my data through web login on Chrome, without installing the Apps.

    I suppose I could even set up a second Google account just to make it look good.

  5. Actually in the new 21st century, some police seem inclined to storm into people’s houses, shooting family pets and members, commit illegal detentions and all manner of what not without warrant or probable cause. Yay, safety.

  6. Well, you could as easily, I guess, just sign off of the critical services from the phone before you get there. Then it becomes another password that someone needs to coerce from you.

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