Protecting Your Digital Privacy at International Borders

Protect Your Digital Privacy PHONE/LAPTOP From Police While Traveling Introduction The idea of someone digging through your phone and deciding if you should be allowed to come into a country might seem implausible, but it's exactly what happens when Customs and Border Security searches electronic devices. This includes laptops, cameras, smartphones, external hard drives, and USBs. Crossing an international border is often a stressful experience, which becomes even more so if you are pulled aside for further inspection. Device inspections have become more common in recent years. Many countries, like the US, now ask foreign citizens for their social media identifiers when applying for a visa. While you may feel like you have nothing to hide, you probably don't want a stranger reading through your emails or WhatsApp chats, Instagram searches, or browser history, or browsing your banking apps. But what if you don’t want to forfeit your right to privacy just because you travel? While the law doesn’t make it easy for you, that doesn’t mean you have to make it easy for the border guards, either. This guide will help you understand how to prevent border police from searching your smartphone and other devices. Understanding Device Searches at Borders Inspections that allow airport officers to access all information in your phone may seem inconsistent with the values of a free society. However, your rights when crossing the border are very different from your rights when walking down the street. Border agents have the power to search devices without a warrant. Consequences of Refusal: If you are a citizen of the country you are trying to enter: You will not be denied entry for refusing to let agents search your device. However, your device can be taken, and you can be detained for hours or days. If you are not a citizen of the country you want to enter: You can be denied entry for refusing a device search. In both cases, upon further investigation, you could potentially be arrested. Border officials are responsible for enforcing immigration laws and preventing the entry of criminals. According to policy, there are two levels of searches they can perform. In both cases, you will be asked to unlock the device and provide passwords for different apps if any. Types of Searches: Basic Search/Browsing: This is a simple inspection of your data, including your social media, photos, chats, emails, and other files. This browsing is supposed to be a quick peek rather than a thorough review. Detailed Search: This involves using forensic software to access files, including deleted data, copy data, and analyze it even if your phone is locked. These forensic tools allow taking disk images of the devices, which can later be used to extract information as evidence in court if you are charged with an offense. Agents can also detain your device for a period of time while they extract your data, copy it, or attempt to break your passwords or encryption. (For more information on how police can unlock smartphones without passwords, refer to external resources.) Factors Increasing Likelihood of Device Search You are more likely to be chosen to have your devices searched if: You have suspicious items in your luggage or are missing some travel documents. You have traveled to and from “high risk” destinations. You are a single man or woman traveling alone. You have adult content on your phone or in WhatsApp, etc. You have a law enforcement history in your country. You exhibit nervousness, anger, talking fast, or contradicting yourself. You purchase a ticket to travel at the last minute, within days of departing for the trip. You are hesitant in answering questions or being flagged on a database. Your luggage doesn’t match your travel plans (e.g., coming on vacation but having suits instead of casual wear). You have “unusual” travel routes (e.g., going to Canada from Mexico through France). It was your lucky day, and you were chosen in a random search. When crossing a border, it’s important to first understand your rights. To protect your privacy requires a bit of planning in advance. Protecting Your Privacy at Borders: Practical Steps You can try these steps during your travels to protect your privacy: 1. Leave Your Devices at Home or Work You can leave some devices at home or work or, in some cases, send them separately through the mail. Border agents cannot examine them as part of your entry into the country. 2. Use a Temporary Device Travel with a temporary phone or laptop that can be easily replaced and doesn’t have all your personal data. You can just transfer your SIM card or get a new one at your destination. 3. Move Data from Devices to Cloud You should move information from your device to the cloud and make sure there is no leftover cache remaining on the device. Normally, border officials are allowed to search data that’s on the device. For accessing cloud data, they generally need a warrant. However, they can ask a traveler to voluntarily log in to remote cloud storage. They often try to persuade travelers to consent to searches. Once the traveler consents, it can be harder to challenge the search in court. Sometimes officials achieve so-called “consent” by being vague about whether they are asking or ordering a civilian to do something. You can try to dispel this ambiguity by inquiring whether they are asking you or ordering you to log in. If an agent says it is a request only, you might politely but firmly decline to comply. 4. Disable Fingerprint and Face ID Unlocking Border officials can easily unlock your phone by passing it near your face or using your finger data that they may already have. Switching from biometric locks to PIN codes and strong passwords can significantly secure your data. 5. Encrypt Your Data with Strong Passwords While a screen-lock password or user account password only controls access to the device, the data can still be present on the hard drive in unencrypted form. Forensic tools can easily bypass such passwords and access the unencrypted data. Fortunately, modern devices offer “full-disk” storage encryption features that can encrypt the full contents of the device with a password that will be required when the device is first powered on. iOS devices: Your encryption password is always the same as your regular unlock password, used both to unlock the screen and to decrypt the storage media. Android: You can easily enable full-disk encryption and, to take full advantage of it, you need to also turn on the option to require a password upon boot (also called “secure startup”). Windows: Use BitLocker or VeraCrypt. macOS: Use FileVault. Linux: Use dm-crypt to encrypt the data. A strong password will keep your data safe from even the most experienced forensic analyst on the most powerful computers. (You can also use encrypted phones; refer to external resources for more.) 6. Securely Delete Data from Your Devices Secure deletion ensures that authorities cannot use forensic software to recover files that were deleted. You can securely delete your data before crossing the border. However, if you delete everything, officials may find it suspicious. Windows: Use a Cipher tool. OS X: Use “secure empty trash.” Linux: Options include shred or srm. Phones: Secure deletion is not easy, so full-disk encryption is preferable, or you can try different apps. 7. Uninstall or Log Out of Apps It is better to remove some social media apps from your phone. You can easily re-download these apps later. Alternatively, you can enable self-destructing messages on platforms that offer this feature. 8. Turn Off Your Devices and Enter Airplane Mode Before you go through customs, turn off your devices and make sure none of your accounts or applications are set to automatically log in when activated. Turning off smartphones adds an extra security setting, making it more difficult to access data using forensic software, as you haven't unlocked it once. If your phone is in airplane mode prior to inspection, officials can’t connect it to the internet, as they are generally not allowed to modify the evidence. Officials should also not ask a person to connect their device to the Internet, as for checking cloud data, they need a warrant. Dealing with Border Officials Remember that travelers should stay calm and respectful. When dealing with border officials, remember these three things: Be courteous, do not lie, and do not physically interfere with the agent’s search. If you are forcefully compelled to comply with a border agent’s order to unlock your device or provide your password, you can inform the agent that you are complying under protest and that you do not consent. If you later assert a legal challenge, this may help you defeat the government’s claim that you consented to the search. One tactic that sometimes works for travelers is carrying medical records on their device and objecting that the information is highly confidential in nature, thus needing a warrant. Another approach is to state that the device belongs to your employer and that the agent should speak to their employer’s lawyers. However, you should be well-prepared to answer questions from border agents to justify this request. If border agents did try to search your devices, write down everything you can remember, including their names, badge numbers, and agencies. You can use this information later if you decide to file a complaint or a lawsuit. Remember to change your passwords on your phone and social media in case officials accessed them. There exists a possibility that border agents in authoritarian countries could install spying software on the devices they search. If you suspect that you may be infected with monitoring software, consider destroying the device. Conclusion Dealing with border agents can be a stressful situation. Confronting them over your right to privacy can make it even worse, but that doesn’t mean your right to privacy should be infringed. With proper planning and knowledge of your rights, you can better protect your digital life when crossing international borders.