Sunday, 12 February 2017

A US-born NASA scientist was detained at the border until he unlocked his phone

quote [ Not only is he a natural-born US citizen, but he’s also enrolled in Global Entry — a program through CBP that allows individuals who have undergone background checks to have expedited entry into the country. He hasn’t visited the countries listed in the immigration ban and he has worked at JPL — a major center at a US federal agency — for 10 years. Bikkannavar says he was detained by US Customs and Border Patrol and pressured to give the CBP agents his phone and access PIN. Since the phone was issued by NASA, it may have contained sensitive material that wasn’t supposed to be shared. ]

Hey native-born US citizen scientists -- you're not welcome here, either.
[SFW] [Big Brother] [+6 WTF]
[by mechavolt@10:18pmGMT]

Comments

shiftace said @ 10:57pm GMT on 12th Feb
Obviously he is an international spy who smuggled government property that was full of Top secret classified information. They should have checked his phone before he had a chance to sell out America. What kind of name is Bikkannavar anyways? Sound like a commie to me.
ooo[......7 said @ 11:01pm GMT on 12th Feb
Welcome back to America.

Go away.
Dienes said @ 11:15pm GMT on 12th Feb
We've known we weren't welcome for decades now.
Kama-Kiri said[4] @ 11:46pm GMT on 12th Feb
My understanding is that they'll semi-randomly pull people out for spot checks. Single guys travelling alone for extended periods are more likely to get tapped. The fastest and easiest way for you to show customs officials you are not lying is to let them cross check against your online presence / electronic communications.

They have the authority to examine a phone with NASA data on it, or corporate data, or whatever. They were not correct in implying that he was legally forced to unlock his phone for them, but the shittiness of the Verge article does not make it clear if this was actually the case.

(And seriously, this is why the Verge is not a reliable media outlet despite desperately trying. This sounds like a completely routine thing that would have happened countless times in the last 8 years: you got spot checked you, you get your digs searched, hand over your phone, you are back on your way in 40 minutes. That is all that happened to this guy... the sum total of his "ordeal". That's even happened to me once - and I'm Whitey McWhiteface.)
mechavolt said @ 1:25am GMT on 13th Feb [Score:1 Underrated]
I've been personally spot checked by CBP before. This is *not* how it normally occurs.
ooo[......7 said @ 1:59am GMT on 13th Feb
I too have been held, got checked out with 2 machines and was cut loose. This sort of escalated response is inappropriate.
foobar said @ 1:57am GMT on 13th Feb
They were not correct in implying that he was legally forced to unlock his phone for them, but the shittiness of the Verge article does not make it clear if this was actually the case.

Uh, no. Men with guns cannot make a request. The presence of weapons, not to mention the physical confinement, makes it coercion.

They have the authority to examine a phone with NASA data on it, or corporate data, or whatever.

No, they absolutely do not. It's pretty clear that NASA did not grant them that authority, nor am I aware of any corporation that has issued such an exception.

This really terrifies me. If I were in his shoes, I would be legally obligated to refuse, and call them on their threats.
sanepride said @ 3:54am GMT on 13th Feb
I don't think CBP agents in airports are generally armed, but they are uniformed authority figures. And the thing is, for people in the process of border entry they do wield significant, unchecked authority. NASA can maybe lodge an official complaint, but otherwise there's really not much they can do about it.
foobar said @ 4:10am GMT on 13th Feb
Directly, no, but anyone who does open their phone to a border agent is technically going to be in breach on non-disclosure issues. NASA very well could prosecute.

It's especially worrying for non-Americans, because CBP agents don't actually have jurisdiction. To legally access my phone, they would have to go to a Canadian court, and I don't have the authority to grant it.
sanepride said @ 5:06am GMT on 13th Feb
Who would NASA prosecute? The guy with the phone? At worst they'll just take it away and reprimand him for taking an official phone with sensitive data on a personal overseas trip.

As for CBP, they have pretty wide latitude over people- especially non-citizens at border checkpoints. Sure, you could refuse them access to your phone, and then they would simply deny you entry and send you back to the frozen Canadian tundra.
foobar said @ 6:15am GMT on 13th Feb
NASA probably wouldn't do so, and he probably has at least implicit permission to take his phone, but I could see some company, somewhere, doing it.

That's the thing, I'd be legally obligated to refuse. I think for the moment I'll leave my phone behind for short trips, and do a factory reset for longer ones. I can always resync after crossing.
Kama-Kiri said @ 10:16am GMT on 13th Feb
CPB are law enforcement. They don't need to go check with Ford to see if it's okay to look at your Ford-issued phone, they don't need to go check with NASA to see if it's okay to look at your NASA-issued phone. They have the permission granted already. It comes with the uniform if you will.

You have the right to refuse to unlock your phone for them, and they don't have the authority to force you to do it. They do, of course, have the authority and ability to make life relatively unpleasant for you if you don't.
foobar said @ 5:41pm GMT on 13th Feb
That's not generally the case. If it's a Ford issued phone, they'll generally need either Ford's permission, or a warrant.

And, of course, when they're doing it to a foreign national they aren't law enforcement. They have no more authority than a private citizen, as they're acting outside their jurisdiction.
hellboy said @ 5:16am GMT on 13th Feb
I thought the fastest and easiest way for you to show customs officials you are not lying was supposed to be your fucking Global Entry membership, not violating your privacy to allow CBP access to information they don't actually need to see.

I haven't signed up for GE on principle: it creates a class system that I'm not interested in validating. Clearly, it doesn't necessarily work, either.
Headlessfriar said @ 1:56am GMT on 13th Feb
This doesn't surprise me. My father-in-law is a native born US citizen. He married an EU citizen and lives most of the year in Austria with his wife. He maintains a home in the US as well, which he comes back to for baseball season every year. This year, his wife's visa (for a visit only, she's not applying for school or employment in the US) was rejected so he isn't coming back for baseball this year.
sanepride said @ 3:48am GMT on 13th Feb
I paid $90 for Global Entry. If this happened to me I'd demand my money back. Not that I'd expect them to comply.
hellboy said @ 5:17am GMT on 13th Feb
Being a natural-born US citizen, a Global Entry member, and a NASA scientist is a pretty ingenious cover for a terrorist.
cb361 said @ 10:27am GMT on 13th Feb
Muslims are clever that way. They'll stop at nothing to hate your freedoms.
knumbknutz said @ 6:46pm GMT on 13th Feb
Heh - I was thinking that at point, 99 percent of all terrorists would probably be "screw this suicide bombing shit - I'll get a regular job and adopt a bourgeois lifestyle now."

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