\n<\/p>\n
The crackdown is<\/span> already happening. First, Mahmoud Khalil was snatched <\/a>from his home in New York. Then, immigrants in the U.S. were targeted<\/a> for their political views<\/a>, and foreigners reported being denied entry at the border after having their devices searched.<\/p>\n Even before Donald Trump was sworn in, border searches of electronics were steadily rising. With fears mounting about the Trump administration\u2019s attack on dissent, citizens and noncitizens alike are wondering how to protect their privacy.<\/p>\n Experts say it is important to have a plan before you cross the border, to know the law, and to do what you can to minimize your digital footprint. The plans can vary widely based on a person\u2019s immigration status and other factors.<\/p>\n Here are some tips on the law \u2014 and how to prevent the U.S. government from using your own data against you.<\/p>\n If you think you will simply be able to decline when a border agent asks you to hand over your phone or computer, think again.<\/p>\n U.S. Customs and Border Protection claims broad authority to rifle through the electronic devices of traveling into and out of the country, regardless of their citizenship status. American citizens can decline to hand over their password or PIN code \u2014 but that could result in travel delays and in device confiscation, experts warn.<\/p>\n CBP claims to place some limits on its own searches of devices, and courts have issued conflicting rulings<\/a> about the extent of the government\u2019s authority to search electronic devices collected at the border.<\/p>\n One of CBP\u2019s policies states that border agents are not supposed to search information that has only been stored remotely. As a practical matter, that often means that border agents put a phone into airplane mode before searching it.<\/p>\n Sophia Cope, an attorney with the Electronic Frontier Foundation, said it was useful to know CBP policies.<\/p>\n \u201cWe know federal officers often don\u2019t follow the law and their own policy,\u201d said Cope, whose organization has published its own guide for travelers<\/a>. \u201cIf you know they\u2019re supposed to put the phone in airplane mode, for example, you can ask them about that.\u201d<\/p>\n CBP says<\/a> that its officers can conduct \u201cbasic\u201d searches \u2014 where an officer scrolls through a device\u2019s contents on the spot \u2014 at their discretion. \u201cAdvanced,\u201d forensic searches where devices are connected to outside devices for review are only supposed to occur upon \u201creasonable\u201d suspicion of legal violations or a national security concern.<\/p>\n It is important to think about what you will do if a border agent asks for your personal devices well before you head to the airport. The last thing you want to do is to be caught flat-footed, Cope said.<\/p>\n Her organization has recommended that travelers conduct a risk analysis based on their personal profile, including whether they are a citizen, lawful permanent resident, or visa holder, as well as what kind of data is stored on their device.<\/p>\n <\/p>\n <\/p>\n Citizens have the right to reenter the U.S., but they can still have their devices seized. The ACLU says the same \u201cshould\u201d be true<\/a> for lawful permanent residents, also known as green card holders. However, the group also recommends that noncitizens concerned about having their devices searched \u201cshould consult with an immigration lawyer about your particular circumstances before traveling.\u201d<\/p>\n Visa holders, meanwhile, could be outright refused entry.<\/p>\n \u201cIt really just depends on what the person\u2019s unique situation is, and what their tolerance level is for confrontation and delay and short-term detention and missing their flights and \u2014 in more extreme cases \u2014 having their immigration status questioned,\u201d Cope said.<\/p>\n The best way to protect your personal and work devices from search and seizure is simply to leave them at home. Get separate devices that you only use when traveling, and reset them before each trip.<\/p>\n Cheaper and refurbished devices may suffice for many trips. If you absolutely need your usual devices on your trip, consider mailing them to your destination, although this could raise its own risks.<\/p>\n Before you get to a security checkpoint, and ideally before you\u2019re even at your port of entry or exit, fully power off all of your devices. This is important because some devices are\u00a0in a more secure state before you log in to it for the first time after you\u2019ve previously shut it down. For instance, forensics<\/a> firms distinguish<\/a> between iPhones in \u201cbefore first unlock\u201d versus \u201cafter first unlock\u201d states, with the former coyly described as \u201cless helpful\u201d for data extraction.<\/p>\n Part of practicing strong digital security is making sure you\u2019re exercising what\u2019s known as \u201cdefense in depth\u201d: Making sure that should one level of security fail, another layer of protection is in place, just in case. For this reason, be sure to log out of all of your accounts before you power down. You could go as far as deleting the apps you\u2019ve logged out from altogether, and reinstalling them after you\u2019re safely beyond the security checkpoint.<\/p>\n If you are worried about remembering a long list of passwords, that is a good sign you should use password manager software instead. Recommended by many experts<\/a>, a password manager allows you to use one password to unlock all of your passwords. If your password manager has a travel mode<\/a> that lets you restrict which specific accounts to display for the duration of your travel, enable it.<\/p>\n Make sure that you\u2019re using an alphanumeric password to access your phone and other devices. Turn off all biometrics like fingerprint access and facial recognition (branded Touch ID and Face ID, respectively, on iPhones). Otherwise, authorities could put your phone up in front of your face to gain access.<\/p>\n Aside from making sure you\u2019re not logged into sensitive accounts, you should also make sure you\u2019re not storing sensitive data on your phone. One option is to download data from your phone onto an encrypted device you\u2019re not traveling with and leave it at home. Another option, if you need access to some data on the road, is to encrypt it using a tool like Cryptomator<\/a>, store it on a cloud storage provider, and then download it when you\u2019ve reached your destination.<\/p>\n If you\u2019re using an iPhone, you could back up your phone data using iCloud \u2014 just make sure you have Apple\u2019s end-to-end encryption solution, Advanced Data Protection<\/a>, enabled. (If you\u2019re in certain regions, such as the U.K.<\/a>, you\u2019ll need to switch your region location before you can use this feature.)<\/p>\n Don\u2019t forget to make sure you also protect any sensitive contacts. Go through your contacts lists and remove any persons whose affiliation with you may potentially cause issues; for instance, if you have the names of activists, human rights defenders, or other sensitive sources. You could even export and then delete your entire contacts list and restore it later.<\/p>\n If you believe you are at especially high risk when crossing the border, there are more advanced steps you can take.<\/p>\n One option goes beyond leaving your phone at home. You could also leave your SIM card and phone number behind too. Let your contacts know that you\u2019ll have a temporary number while traveling. You can purchase a temporary SIM<\/a> once you\u2019re in the country, or beforehand. The reason to leave behind your number is the same as leaving behind your phone \u2014 you don\u2019t want the authorities or anyone else to take control of your phone number. For instance, if the authorities take your SIM card and place it into their own device, they may be able to receive messages and calls meant for you.<\/p>\n <\/p>\nKnow the Law<\/h2>\n
Have a Plan<\/h2>\n
Consider Leaving Your Usual Devices at Home<\/h2>\n
Log Out and Power Down<\/h2>\n
Disable Biometrics<\/h2>\n
Protect Your Data<\/h2>\n
At High Risk?<\/h2>\n