U.S. Customs Privacy Invasions

1. U.S. Customs Privacy Invasions by Scott Amack

2. Schedule • What is the problem. • Why is it a problem • What caused the problem • Cases • Current Status • Other Countries • Protecting yourself • Conclusion

3. What is the problem? • U.S. Customs Service has a right to search your electronic devices and make images. • This can be done with or without suspicion • Your device can be detained for a “reasonable” amount of time • Search can take place on or off site • Your data can be legally shared with ANY other federal agency

4. What is the problem continued • If your data is encrypted, in a foreign language, or otherwise secured it will be shared with other agencies • If revealing the transmission of this data is considered a national security risk they don’t have to tell you • Without probable cause Customs can retain the information seized • Nothing limits the authority of Customs to share your information with federal, state, local, and foreign law enforcement

5. Why is it a problem? • Fourth Amendment to the United States Constitution • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

6. Why is it a problem continued • The U.S. Supreme Court has stated, "since the beginning of our Government," the Executive Branch has enjoyed "plenary authority to conduct routine searches and seizures at the border, without probable cause or a warrant, in order to regulate the collection of duties and to prevent the introduction of contraband into this country.” • You are not protected by the fourth amendment at the border

7. Border Search Exception • Doctrine in U.S. Criminal Law which allows search and seizure • International border searches are “reasonable” • Federal law allows certain federal agencies to conduct suspicionless search and seizure within 100 miles of an international border

8. What caused the problem? • Common fears are used to “protect the public” • This Jeopardizes the rights of honest computer/internet users • The Four Horsemen of the Infocalypse • Terrorists • Drug Dealers • Pedophiles • Organized Crime

9. Cases • United States V. Ickes • United States V. Arnold • Xuedong Sheldon Meng • David House (Bradley Manning)

10. United States V. Ickes • Van was searched near Canadian Border • Photo album of child pornography was found • Laptop was searched and found more images • Ickes filed motion for suppression based on illegal search • Motion was denied based on border search exception

11. United States V. Arnold • Arnold randomly selected for search • Agent opened computer and started browsing files • Laptop contained child pornography • U.S. District court ruled search was illegal • Ninth Circuit Court overturned the ruling because of border doctrine • Arnold committed suicide while waiting for appeal

12. Xuedong Sheldon Meng • Convicted for violation of the Economic Espionage Act • Took from the U.S. to China defense products and source code • Stole Documents from his former employer Quantum3D • Laptop was searched at customs and found to contain illegal documents

13. David House (Bradley Manning Case) • Laptop Seized after Mexico Vacation • Was on Watch list for Border Agents • US Army Criminal investigation division was given copy of seized data under “technical and subject matter assistance” exception • Information was used in conviction of Bradley Manning • Feds settled out of court for illegal seizure

14. Current Status • United States Vs. Cotterman • Established that government agents must have reasonable suspicion before forensic examination • Crossed border in 2007 and agents imaged computers based on prior conviction • Agents found child pornography using encase forensic software • March 2013 9th Circuit Court of Appeals ruled the search illegal • Based on lack of reasonable suspicion

15. Other Countries • Expect the same treatment at all customs entry points • Cryptographic keys will be required • Failure to do so can result in fines • Will result in expulsion and possible confiscation of laptop

16. Protecting Yourself • Encrypt your drive (may not work outside the U.S.) • Store your important data in the cloud • Don’t bring your laptop or electronic gear • Buy a new hard drive and only put the bare necessities on it • Backup your data in case of seizure

17. Conclusion • You have no right to privacy at any border • Catching bad people is good but at what cost to privacy? • Don’t travel with electronics unless absolutely necessary • You should not expect any of your action to be private • Laws need to be evaluated again

18. Questions?

19. References • http://www.cbp.gov/linkhandler/cgov/travel/admissibility/elec_mbsa.ctt/elec_mbsa.pdf • https://help.cbp.gov/app/answers/detail/a_id/176/~/cbp-search-authority • http://www.cbp.gov/xp/cgov/newsroom/con_res/ref_rec/congressional_test/con_test_110/laptop_searches.xml • http://en.wikipedia.org/wiki/Four_Horsemen_of_the_Infocalypse • https://www.eff.org/cases/us-v-arnold • http://www.wired.com/images_blogs/threatlevel/files/meng_indictment_final.pdf • http://itlaw.wikia.com/wiki/U.S._v._Ickes • https://www.aclu.org/blog/technology-and-liberty-free-speech/feds-settle-lawsuit-bradley-manning-supporter-over-border • https://www.eff.org/deeplinks/2013/03/finally-some-limit-electronic-searches-border