1. I far as I understand there is legal precedent establishing that electronic devices are basically the same as suitcases, and both can be searched at the border (i.e. in the same way that border agents can rummage through a backpack looking for drugs, they can rummage through a laptop's hard drive looking for evidence of drug dealing). The key idea is that objects brought across the border are fair game for search. However, wouldn't accessing social media accounts require fetching data over the internet from a data center somewhere? Maybe there is some info cached locally on the phone, but for them to, say, look through a traveler's post history they'd have to access data that is _not_ being brought across the border. How is this different from border agents finding a house key in a traveler's bag and then using that key to go to the traveler's house, open it, and search everything they find there?
2. Searching the data on the device is one thing. Asking a traveler to provide passwords seems completely different. It seems like a pretty clear 5th amendment violation. There's a lot of precedent protecting people from being compelled to speak.
Just to be clear, I'm wondering about this for US citizens returning home. Obviously all bets are off for non-citizens.
Why shouldn't non-citizens be protected by The Constitution? Not a lawyer, but these came up pretty quick in a Google search.
"It is well established that, if an alien is a lawful permanent resident of the United States and remains physically present there, he is a person within the protection of the Fifth Amendment. He may not be deprived of his life, liberty or property without due process of law."
Kwong Hai Chew v. Colding
". . . The Bill of Rights is a futile authority for the alien seeking admission for the first time to these shores. But, once an alien lawfully enters and resides in this country, he becomes invested with the rights guaranteed by the Constitution to all people within our borders. Such rights include those protected by the First and the Fifth Amendments and by the due process clause of the Fourteenth Amendment. None of these provisions acknowledges any distinction between citizens and resident aliens. They extend their inalienable privileges to all 'persons,' and guard against any encroachment on those rights by federal or state authority."
Bridges v. Wixon
"The alien, to whom the United States has been traditionally hospitable, has been accorded a generous and ascending scale of rights as he increases his identity with our society. Mere lawful presence in the country creates an implied assurance of safe conduct and gives him certain rights; they become more extensive and secure when he makes preliminary declaration of intention to become a citizen, and they expand to those of full citizenship upon naturalization. During his probationary residence, this Court has steadily enlarged his right against Executive deportation except upon full and fair hearing. . . . And, at least since 1886, we have extended to the person and property of resident aliens important constitutional guaranties -- such as the due process of law of the Fourteenth Amendment."
The difference is that non-citizens don't have a right to enter the US, so while they can't be compelled to share their personal information, they can "voluntarily" choose whether to share it and enter the US, or go back.
> non-citizens don't have a right to enter the US...
Here's where I take issue, by obtaining a visa to enter the US for work/ travel you go through security checks and you were deemed safe/ not a terrorist.
So what changed from when you were issued a visa to when you landed in the states?
For me, this feels like China all over again. If requesting passwords becomes prevalent in the US, then the same precautions that travelers take when entering China will become the norm from the US.
1. I far as I understand there is legal precedent establishing that electronic devices are basically the same as suitcases, and both can be searched at the border (i.e. in the same way that border agents can rummage through a backpack looking for drugs, they can rummage through a laptop's hard drive looking for evidence of drug dealing). The key idea is that objects brought across the border are fair game for search. However, wouldn't accessing social media accounts require fetching data over the internet from a data center somewhere? Maybe there is some info cached locally on the phone, but for them to, say, look through a traveler's post history they'd have to access data that is _not_ being brought across the border. How is this different from border agents finding a house key in a traveler's bag and then using that key to go to the traveler's house, open it, and search everything they find there?
2. Searching the data on the device is one thing. Asking a traveler to provide passwords seems completely different. It seems like a pretty clear 5th amendment violation. There's a lot of precedent protecting people from being compelled to speak.
Just to be clear, I'm wondering about this for US citizens returning home. Obviously all bets are off for non-citizens.