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CBP sparks privacy fears after it's revealed that 2,700 of its officers have warrantless access to travelers' confiscated phones
The Daily Mail ^ | 09/15/2022 | Emma James

Posted on 09/15/2022 10:59:40 AM PDT by thegagline

Thousands of US government officials have unlimited access to as many as 10,000 devices which are seized from travelers moving across the country.

Electronic devices such as cellphones, iPads and laptops taken from those going through airports, seaports and border crossings are being mined for data.

The leader of the Customs and Border Protection told congressional staff that the massive database can be accessed by 2,700 CBP officers without a warrant.

During a briefing, which took place in the summer, officials also said that the data is maintained for 15 years.

It has raised alarms in Congress about what the government is using the information or, with many of the devices taken from people not suspected of any criminal activity.

Details of the database were revealed on Thursday in a letter from Senator Ron Wyden to CBP Commissioner Chris Magnus.

He criticised the agency for ‘allowing indiscriminate rifling through Americans’ private records’ and called for stronger privacy protections.

CBP Commissioner Chris Magnus recieved a letter blasting the department after it was revealed that thosuands of officers have access to the database

During a briefing, which took place in the summer, officials said the massive database can be accessed by 2,700 CBP officers without a warrant

Electronic devices such as cellphones, iPads and laptops taken from those going through airports, seaports and border crossings are being mined for data by the CBP

Senator Paul and Wyden introduced a bill last year which required border officials to get a warrant before searching a device.

Currently the CBP have the authority to conduct a ‘basic search’, which includes looking and scrolling through the device.

Anyone who refuses to unlock their phone for the process can have it confiscated for up to five days. ***

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: canada; creepstate; deepstate; facebook; government; policestate; privacy; singlepartystate; spying; surveillance
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The Patriot Act and its progeny are counter to the Constitution and unpatriotic.
1 posted on 09/15/2022 10:59:40 AM PDT by thegagline
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To: thegagline

You will do what you are told. 4th Amendment be damned.


2 posted on 09/15/2022 11:04:06 AM PDT by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: thegagline

“Currently the CBP have the authority to conduct a ‘basic search’, which includes looking and scrolling through the device. “

Not according to the Constitution they don’t.


3 posted on 09/15/2022 11:04:55 AM PDT by Boogieman
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To: thegagline

“The Patriot Act and its progeny are counter to the Constitution and unpatriotic.

Foreigners attempting to enter the U.S. don’t have Constitutional rights.


4 posted on 09/15/2022 11:05:26 AM PDT by TexasGator ( Gator in Florids)
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To: Boogieman

If only applied to foreigners it’s not unconstitutional. But if applied to citizens it is unconstitutional.


5 posted on 09/15/2022 11:10:50 AM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: TexasGator

We’re not talking about foreigners here, we’re talking about US citizens returning to the USA.


6 posted on 09/15/2022 11:13:31 AM PDT by FreedomPoster (Islam delenda est)
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To: thegagline

Couple of years back I sat through a technical presentation on the MIT campus where someone described the methods used by border agents to scan laptops and devices. Basically, in most situations there’s not enough time to look at everything (can only put so much data through a port per hour) so they get a representative sample of sectors on the disk and then look for a match with known footprints.
Say for instance there are child porn videos that are several gigabytes. The entire files don’t have to be downloaded and compared. The match of one sector (or portions of it) that is known to be within the file will cause the traveler to be flagged for further examination.

It won’t catch everything, but there is no such thing as infinite time to check every byte crossing the border.


7 posted on 09/15/2022 11:16:27 AM PDT by glorgau
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To: for-q-clinton

“If only applied to foreigners it’s not unconstitutional.”

Still kind of debatable. Courts have granted foreigners most Constitutional protections that citizens enjoy, as soon as they set foot on US soil.


8 posted on 09/15/2022 11:16:42 AM PDT by Boogieman
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To: thegagline
The Patriot Act and its progeny are counter to the Constitution and unpatriotic.

So is that giant data storage warehouse in Utah!

9 posted on 09/15/2022 11:22:26 AM PDT by Don Corleone (leave the gun, take the canolis)
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To: Don Corleone

Most likely, there is another one near the airport in grand rapids, mi. Prolly many more nationwide.


10 posted on 09/15/2022 11:27:55 AM PDT by exnavy (Grow your faith, and have the courage to use it.)
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To: for-q-clinton
If only applied to foreigners it’s not unconstitutional. But if applied to citizens it is unconstitutional.

Our constitutional protections aren’t limited to citizens.

11 posted on 09/15/2022 11:38:09 AM PDT by semimojo
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To: thegagline

I am not a lawyer, so if I’m mistaken, I apologize. You do not really have 4th Amendment rights when crossing the border, American citizen or not. Think about it, border agents can thoroughly search you and all your belongings without either probable cause or a warrant. They can strip you and your car down really just based on a ‘hunch’ or because they need practice.

I believe this is much older than the Patriot Act or the Constitution itself, which is one reason it is allowed.

You should be on your best behavior when dealing with border officers. I knew of a young woman who was buying leather purses in Mexico and selling them at her shop in Texas. Customs agents told her she’d have to pay import tax on the purses or let them be seized. She let the agents seize her purses and as she left, she flipped them off. Two days later they came and took her car, since it was involved in the attempted smuggling.

You are at the governments tender mercies when crossing any border.


12 posted on 09/15/2022 11:41:37 AM PDT by hanamizu
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To: TexasGator

When Bush created the Department of HOMELAND Security freedom was officially under attack.


13 posted on 09/15/2022 11:45:58 AM PDT by hoosierham (Freedom isnt free)
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To: semimojo

It is BEFORE you are accepted in the US. Unless you’re one of those open borders people ;-)


14 posted on 09/15/2022 11:47:15 AM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: for-q-clinton
It is BEFORE you are accepted in the US.

No, surrendering your phone may be a condition of entry but if you choose to return home we can’t confiscate anything you legally own.

Once you enter and are under our jurisdiction you have full protection regardless of immigration status.

15 posted on 09/15/2022 11:51:56 AM PDT by semimojo
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To: thegagline

Revealed? It’s been going on for years and has been known for years. Not exactly a revelation.


16 posted on 09/15/2022 12:00:44 PM PDT by Not A Snowbird (I do not recognize Biden’s authority. (@FeistyFed on TS) 🐝)
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To: hanamizu
As soon as you step onto free US territory, you are covered by the US Constitution. But if you step over the border into a US Govt. facility, all bets are off - unless you are a US citizen.

For instance, if an illegal comes over the wall and crosses the border, they cannot be searched without a warrant unless they are in an arrest/detainment type scenario. However, People can also voluntarily submit to a warrantless search. But coming through a checkpoint facility, they are already in a detainment scenario - no warrant needed to search.

17 posted on 09/15/2022 12:02:31 PM PDT by jpp113
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To: semimojo

Like I said, as you come THROUGH US Customs to enter the US.

They aren’t doing this on exit, are they?


18 posted on 09/15/2022 12:26:49 PM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
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To: thegagline
Thousands of US government officials have unlimited access to as many as 10,000 devices which are seized from travelers moving across the country.

Why were they seized? Without knowing that this story makes no sense.

19 posted on 09/15/2022 12:46:30 PM PDT by usurper
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To: for-q-clinton
Like I said, as you come THROUGH US Customs to enter the US.

It's the difference between voluntary surrender and confiscation.

They can't confiscate legally owned devices from anyone, citizen or not.

20 posted on 09/15/2022 1:19:50 PM PDT by semimojo
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