"Digital searches" in New Zealand

[Cyrus Safdari]

You can be required to provide passwords for the authorities to search through your cellphone and computers etc -- failure to provide the passwords will result in a a $5000 fine and forensic search of your digital files

https://www.radionz.co.nz/news/natio...0-customs-fine

Naturally New Zealand isn't the only country that has/will have these laws. As far as I know they can already search your computer at US borders “with or without individualized suspicion” and can confiscate your computer/phone for a while but not require you to disclose passwords.

https://www.nytimes.com/2018/01/05/u...-computer.html

https://www.nytimes.com/2017/09/13/t...l-lawsuit.html

Note also that the definition of "border" for the jurisdiction of the Customs and Border Protection in the US can be quite surprising and extends up to 100 miles (161 km) inwards from any land or sea border (covering most of the US population) and including interior checkpoints

[JPA Cate]

Imho, if they want my passwords, or fingerprints, they should be required to have a warrant first, or at least be able to tell me why. And it is not that I have something to hide, but that I do not appreciate any invasion of my privacy.

I do think that it is a different expectation of a traveler to expect that Customs or Quarantine would want to look inside my backpack or suitcase than to search my personal contacts. The demeanor of the inspector, if friendly, would considerably mitigate the concern.

I remember the dog sat down next to Jim's well used daypack one time. The handler asked him what he has carried in it. In this case, they decided it was the divine scent of a nicely cured salami which had been in it a while ago that caused the dog to sit! Said salami had long since been consumed.


Ann

[Cyrus Safdari]

There's no requirement for any reason to search people at the border, just being at the border is sufficient.

Friendly or not, many scary things can happen as a result of this.

A couple years ago some poor guy faced 20-year prison term over a CD he had purchased abroad that was confiscated at the US border, due to alleged child porn. The actual star herself had to come to his trial and testify that she was indeed an adult. This was entirely voluntary on her part. Had she not done so... https://radaronline.com/exclusives/2...-years-prison/

This of course is just one example.

Suppose you enter into a country that has banned a certain book or novel... and do you really trust the local authorities who will rifle through your digital data like bank accounts? Perhaps in NZ but...

[a64pilot]

Ann,
You’ve not been back for awhile I take it?

[john61ct]

I would hope this would greatly reduce NZ's inbound tourism revenues.

I have to believe their own courts will find the measure unconstitutional.

Privacy needs to be defined as an international human right.

Meantime get technical and learn how to subvert such unreasonable demands.

[JPA Cate]

Originally Posted by a64pilot

Ann,
You’ve not been back for awhile I take it?

Yes, that's true. And it is still how i think and feel about the situation. A search without a warrant is wrong. It was part of the constitution's Bill of Rights for a reason: to prevent tyranny.

I've also read the too much cash threads.

Yes, just like a house or car search, the searchers should have probable cause and tell you, and they *should be* friendly, too. i know that is a slack hope, and I'd settle for "appropriate professional demeanor", though one Homeland Security agent even failed that loose criterion. It is a personal opinion, but I feel it very strongly.

Ann

[john61ct]

Unfortunately we must deal with Reality as she presents herself.

Not as we would wish her to be.

[SV DestinyAscen]

Is this a new thing? Casual border inspections looking for narcotics and illegal smut have been around for almost as long as we've had border inspections?

Not saying the incumbrance is not burdensome or perhaps offensive, but border search/inspection != criminal search and seizure in any country. Cross a border? You're searched.

[Paul L]

Getting searched by the powers that be sux. Unless you are a citizen of the country you entering you have basically zero rights while crossing the boarder. The US constitution explicitly gives border control rights to the government.
In this example you don't have to bring across the border a smartphone. Checking your phone contents is not that much different from checking your other items that you are trying to bring into the country. Drug dog searches, food inspections, cash checks, lockers turned over, liquor counts, prescription meds inspection, stow away inspections, termite hunts, sea shell inspection, ivory identifacation, ancient artifact identification, guns, knives, mace, ........ There are just so many items that can be checked. You just have to live with it.

[john61ct]

Perhaps you don't use your devices or online services much for discussions or storing content LEO would consider radical, subversive or at least suspicious.

You do realize they demand not just your handles, but full login username and passwords?

Basically like being able to read your innermost thoughts for many, online acting as extensions for our minds nowadays.

So not just public postings, but PMs, videos of you having sex with your partners, strategic plans for overthrowing the oligarchy, those campaigning against human rights violations by totalitarian dictators, etc.

And don't give me that "if you've nothing to hide" bulldust. . .

[john61ct]

Originally Posted by Paul L

In this example you don't have to bring across the border a smartphone. Checking your phone contents is not that much different

Not bringing your devices along is no protection here.

They demand the ability to login to your online services **as you**.

[SV DestinyAscen]

I agree it can be very intrusive and agree philosophically I don't like it - but... unless you're American and have never traveled internationally, how is this not just a sad part of life? I've literally been printed to travel for most of my entire adult life? During the old days going in and out of Taiwan for yard visits? Books would be flipped and tossed to make sure we're not smuggling documents?

Border inspections always adapt to the challenge and problems? Child pornography is a legitimate problem that cause a certain MO of traveler to be flagged and searched.

I've been randomly searched flying domestic in the US after 9/11 more than I can remember, and I mean local airport drop pants and feel ballsack in public sort of searching?

[Paul L]

Originally Posted by john61ct

Not bringing your devices along is no protection here.

They demand the ability to login to your online services **as you**.

BS, you making up stuff again?

"It is a file-by-file [search] on your phone. We're not going into 'the cloud'. We'll examine your phone while it's on flight mode," Customs spokesperson Terry Brown said.

[john61ct]

Originally Posted by Paul L

BS, you making up stuff again?

No I was mistaken, apologies after looking up the details.

I had been reading recently how US CPB was doing this, and I crossed wires assuming NZ was doing the same.

Still, demanding device passwords and encryption keys is IMO 99% as bad.

[Wotname]

Hmm... I concur with the "privacy invaded" sentiments above but note that digital inspections has been carried out for a long time now without the need for a password!