Good.<p>Ultimately, the invasiveness of this sort of search is not worth the slim chance that something of legal interest may be discovered. Criminals have free reign to "import" data via the Internet already, so they're just going to go that route most of the time. If you suspect someone of a crime, get a warrant, and then have your customs officer seize the device. But the "we're just checking to make sure you're not doing anything illegal" is antithetical to the freedoms the United States guarantees, and should not be tolerated at the border... at least when the stakes are this low.<p>I hope this case sees trial and the judge understands how to weigh the invasiveness against the possible benefits.
I came back to the states into LAX from a trip to China a few months ago and one of the CBP agents was yelling and harassing many of the visiting Chinese people who did not speak English because they were not following directions. It was one of the biggest power trips I’ve seen. I felt absolutely terrible for those people and ashamed that this was their introduction to America.
Here's the motion: <a href="https://regmedia.co.uk/2018/08/23/lazojamotion.pdf" rel="nofollow">https://regmedia.co.uk/2018/08/23/lazojamotion.pdf</a><p>A few interesting aspects:<p>* Lazoja is suing over the data, not (just) the physical device (Her phone was already returned to her.) Also, she is making additional arguments that the duration of retention for both the device and the data on it are unreasonable. I hope at least one of these claims succeeds; even if warrantless border searches are permissible, retaining hdd/sdd dumps should not be allowed.<p>* The motion mentions several times that the device contained persona, private information including "pictures of her in a state of undress, as well as privileged communications with her counsel". She requested all data (and especially this data) be deleted and the response was radio silence.
This comes on the heels of the TSA requiring a Muslim woman to show her used menstrual pad to screeners in Boston.<p><a href="https://www.thecut.com/2018/08/muslim-woman-forced-show-tsa-bloody-pad-during-search.html" rel="nofollow">https://www.thecut.com/2018/08/muslim-woman-forced-show-tsa-...</a><p>The TSA is an entity that provides no security, but still manages to degrade the constitution.
Seizing and inspecting cellphones when people enter the country is nothing more than a means of harassment, intimidation, and more or less #falseflag story.<p>As soon as your cellphone, ipad, etc. hit american networks and you have been IDed as a person of interest, they(3 letter agencies) will be combing through your device. Don't fool yourself thinking that devices are secure.
> The lawsuit alleges that border agents took a copy of the data on her smartphone and failed to say whether it had been deleted.<p>This seems like it's remarkably hard to know. I suppose this may hinge on which model of the iphone she had.
I need to travel to US for Christmas celebrations. My phone is kind of important for my diabetes control and insulin dosage. My pump and CGM do not tolerate x-ray and it's prohibited in the manual. What are my chances to go through the US border safe, or should I cancel my trip?
Im glad she resisted this seizure of her personal property. But what about all the data that phone transmits over the internet which can be / is collected by most every intelligence agency, without a warrant?
EFF and ACLU also have an active case about this topic (which I've worked on), filed in September 2017.<p><a href="https://www.eff.org/cases/alasaad-v-duke" rel="nofollow">https://www.eff.org/cases/alasaad-v-duke</a><p>(It was called Alasaad v. Duke when it was filed and is now called Alasaad v. Nielsen.)<p>The Alasaad case is pending in a different Federal court (the District of Massachusetts).
This is beyond the pale and is not consistent with democracy or basic human rights.<p>No democracy will subject people to the indignity of security personnel presuming the right to go through their personal papers and thoughts. It is dehumanizing and shifts the pendulum towards a police state.
The solution here is that the U.S. Constitution should apply to U.S. Citizens at the border or in any territory, anyone else does not get the benefit of a warrant.
This a very reasonable request. You have a right to have my phone etc etc but now delete all the data. Don't let the most private data hang on some database forever.<p>Yes, she's a Muslim connected to CAIR so she was probably hoping they'd take her phone to sue, but rights are rights.