General Question

Pandora's avatar

Did you know its legal for customs to look through your phone?

Asked by Pandora (32779points) 3 weeks ago

Are we in Orwellian territory yet? A scientist who flew to the states to be at a science conference was denied entry for having negative emails about Trump on his phone. Before it could be investigated he was flown back to France to cover their butts, no doubt. My thing, is when did it become legal to search private information?
It seems as well it has become illegal to criticize the Trump and or the administration or the US.
With these kinds of things going on, it begs for criticism. I’m sure as a scientist, he thinks negatively of an administration that abhors science and education.

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25 Answers

jca2's avatar

I just googled it and it’s true. It kind of makes sense, when you think about it. When you read the beginning of the paragraph (in the link below), it explains the logic.

https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices

Pandora's avatar

@jca2 Look, I get it. But really. Looking into peoples phones? Either the right believes in privacy laws or they mean absolutely squat. If Americans going to democratic nations went through this our Nation would be pitching a fit. But its okay when we are the ones doing it? Plus, how long before we start doing it to American citizens? Or are we already doing it to American citizens? Are we searching phones without a warrant?

jca2's avatar

According the link I posted, it is for citizens and non, and without a warrant.

I guess if someone has it on their phone that they’re conspiring to ram their car into a crowd at a parade or some other such nonsense, I’d rather they be apprehended at the border than to have them enter and get lost in a crowd without anyone knowing.

Pandora's avatar

@jca2 But here’s the thing. What if they just start to use it against political enemies or simply races without any proof? How many of us say things out of anger but never plan to do anything. How many of us wish ill on people or even read comments about what others wish would happen and may be judged for that. Last I looked freedom of speech is still legal. So imagine where this goes. This is a slippery slope to attack disagreement with our government. Or should I say, disagreement with Trump. Trump is already trying to get the Justice Department to bring charges against law firms that fight for Democrats. Trying to get them to not be allowed to fight in federal courts. He actually told the Justice department to go after them.
This isn’t about just finding that one radical. If anything we no longer need to fear radicals coming in. They already know Trump is destroying the United States. We are imploding.
One by one, Trump and his minions are destroying laws.

ragingloli's avatar

That is why you do not use biometric sign-ins. Pin or Password only. They can physically force you to put your thumb on the scanner, or your face in front of the camera. But good luck forcing you to reveal your password.
But the real story here is that having negative opinions about Krasnov now count as “terrorism”.

Jeruba's avatar

The terrifying thing is that anyone in or approaching the U.S. could be subject to some kind of penalty for personal opinions they hold. Can people on the conservative side honestly and truly be okay with that?

ragingloli's avatar

@Jeruba
Of course they can, because “don’t tread on me” has only ever meant “tread on them

JLeslie's avatar

I didn’t know, but I guess it makes sense. Can TSA do it too?

Jeruba's avatar

@ragingloli, no, it hasn’t. When incorporated in a flag by the colonials at the time of the American Revolution, it was a warning to the British to back off of them. It didn’t suggest they ought to go pound people somewhere else.

“The “Don’t Tread on Me” phrase and flag, with its iconic rattlesnake design, originated in 1775 during the American Revolution, designed by Christopher Gadsden as a symbol of defiance against British oppression and a call for American independence. ”—AI summary.

Here’s more: https://www.britannica.com/topic/Gadsden-flag

janbb's avatar

I think there’s going to be a great drop in tourism and foreign professional workers wanting to come hete. What a sad idiotic cruel country we are.

SQUEEKY2's avatar

I a (Canadian) absolutely DO NOT want to travel to or through the us for any reason since Felon47 took the wheel.
Canadians in general are steering clear of the usa for the time being, because of of The Don fathers beyond stupid trade war, then him going on and on about making Canada the 51st state,only going to get worse he has the military actually drawing up plans for an invasion of Green Land owned by Denmark a Nato country .
How do you think the States are going to look on the world stage if that ever took place?

Pandora's avatar

@janbb Germany is already issuing warnings about traveling to the US and Canada is advising citizens traveling to the US to keep up to date with changing rules entering the States and pretty much, enter at your own risk.
Germany had a citizen that has a work visa for the states enter and is still being held for several days, interrogated and stripped search. Well if that doesn’t say, don’t come then I don’t know what would.

Forever_Free's avatar

Doesn’t surprise me that they are looking for every possible law to do as they please.

Especially after they pulled the ConAir deportation based on the Alien and Sedition Acts (1798).
He thinks that anything can be labeled as “Brink of War”. Me being at the Brink of War with my neighbor’s fence doesn’t allow me special privileges.

JLeslie's avatar

I wonder what prompted immigration to search his phone? I bet if we asked 50,000 people who have come through immigration in the last few days none or maybe one of them had their phone searched, unless maybe there is a particular agent going too far with it.

The article doesn’t really tell us what the scientist wrote. It feels incomplete.

Of course I don’t think anyone should be stopped in immigration for simply saying or writing that they don’t like Trump or disagree with Trump. What I wonder is if the scientist or anyone in his messaging made an off handed comment about harming Trump. Not a serious comment. I try to be careful to never do that even before these crazy times. Stating a threat can come back to bite you even if it is a total joke.

Ironically France, similar to Germany, has some pretty strict speech laws, strict by US standards, but just stating disagreement with the government would be within the law and protected. Hatred towards someone regarding nation, race, gender, religion are ilegal. The laws are more to do with bullying and inciting hate the way I understand it.

That they just turned him/her right around and didn’t allow for a quick investigation is pretty horrible if that’s what happened.

Kind of reminds me of when Trump wasn’t allowing people in from several Middle East countries and immigration didn’t know how to deal with it.

Blackwater_Park's avatar

We are not getting the full picture here. Something gave them a reason to deny him entry more than “Trump sucks.”

JLeslie's avatar

^^That’s what I think. We will likely never know if immigration isn’t allowed to say specifics. I don’t know the laws around that.

Pandora's avatar

It does say. It says for critical opinions about Trump. No threat. I can imagine that a scientist criticizing an administration that doesn’t believe in science would be something that all scientists worldwide would be doing.

JLeslie's avatar

@Pandora We don’t know what else the communication might have said. My complaint with media for 15 years now, and Bill Maher has the same complaint actually if you follow him, is media outlets edit, cherry pick, and often don’t give the full story.

Possibly, it is the full story, but how do we know?

Pandora's avatar

@JLeslie I haven’t found anywhere else where more was shared. I custom had a defense they would’ve used it by now. Like his picture was flagged for non-entry. My issue still lies with searching someone’s phone. I don’t trust any order by Trump. I mean maybe there are pictures of the guy being a trans and he was kicked out just for that. Any other administration, I would give them the benefit of the doubt, but not this one that clearly means to invade privacies and ignore laws openly.

JLeslie's avatar

@Pandora I believe it might have only been what the article said, I’m not saying it’s impossible, I am simply skeptical of all news reports like that, I question and try to research. I believe Trump or his people might have targeted the scientist. Or, it could be an overzealous immigration official. Did Trump comment on it?

I read that he was turned around for have information on his phone about Los Alamos. Who knows if that’s true and really why.

We are going to hear about everyone denied entry right now, even though it has happened many times before Trump and we just don’t hear about. I have no idea if it has increased or not.

MilkyWay's avatar

Honestly I didn’t know this. And its scary. I was hoping to visit the states again next year but I’ve been put off… I’ve spoken to a couple of my friends and they’re also sceptical of visiting the USA anytime soon.

janbb's avatar

@MilkyWay My English in-laws say they’re not coming over right now either.

JLeslie's avatar

I think Trump and his people are doing things to quiet people. Even if the courts rule against Trump and give the administration a slap on the hands, there is a good chance people won’t hear that Trump can’t get away with these behaviors; rather, they’ll have stuck in their mind if they speak out they could be arrested or turned away at our border crossings.

The news will likely be more persistent in reporting someone who was not allowed entry for what they have written than a subsequent court ruling saying it wasn’t something that should have blocked their entry to the US. Has there been more info on the situation? I haven’t been watching much news.

Anyway, what I am describing is all of these actions happening under Trump will have a Chilling Effect on the US population and anyone considering coming here.

jca2's avatar

When plane passengers started getting checked through the TSA, I know it was shocking and people considered it a violation. Pat downs, x-rays, it was big news about how terrible it was. Yet, if it helps keep people safe, we tolerate it for the greater good. To me, having a Customs official look at my phone would be something to tolerate, although I agree with @JLeslie that it’s probably not that many people and the circumstances are probably more than what was reported in an article.

Blackwater_Park's avatar

I think this crosses a sharp line. There is no reason to search through someone’s data without a warrant and probable cause.

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