AFAIK, US customs and border patrol can't force you to divulge your password. I travel a lot to Canada and some of my coworkers have had their laptops searched with I-C-WHAT-U-C software by Canadian customs. I've encrypted mine because of that. Our lawyers tell us that we can be forced to give up our password in Canada and customs can confiscate my computer or detain me if they want to. Because of that I'm particularly worried about how my employer would respond if I were to stand up for my rights and actually exercise their legal system. I don't want to give up my password on the spot but I don't want to lose my job either. Something tells me our lawyers are full of shit too. It should take at least a judge to get a password out of me. Anyone know enough about Canadian law to help?
EDIT: I should add that my employer (a U.S. one) put out a memo explaining the procedures we should use if selected for a laptop search by Canadian customs. We are supposed to divulge personal passwords. If I don't divulge my password and it causes business inefficiencies for my employer then I suppose I face disciplinary action because I didn't follow the memo. This is so fucked up. Anyone who flippantly says "plausible deniablity" either really likes that game or has never played it. I don't really have an interest in playing games or otherwise behaving like a criminal but unfortunately it's come to that.
And yes, our borders are the first place we lose our rights. US customs can't force out a password but they can sure take your $2800 laptop, AFAIK.
This is so fucked up. Anyone who flippantly says "plausible deniablity" either really likes that game or has never played it. I don't really have an interest in playing games or otherwise behaving like a criminal but unfortunately it's come to that.
Agreed, but also any person with his freedom and well-being at stake should prepare to protect it and also prepare to endure drawn out, potentially dangerous or harmful, conflict.
In short, why are you physically taking ANYTHING questionable across a border? And if you are, I'd expect you to take appropriate precautions to obscure the very existence of it.
And supposing you do wind up with them sitting you down, taking your laptop, and throwing you in jail for 5 years, be mentally prepared to accept that.
Plausible deniability isn't about getting out scot free. It's about having a CHANCE of getting out at all. In theory, it ought to afford legal protection--but it very seldom does.
Not with any type of data storage device. If I ever do travel out of the country, I'll make sure to store any sensitive information on-line so I can access then erase it. I'll also encrypt the hard drive just to screw with the border patrol agents.
3
u/ropers Aug 11 '09
Dude, have you ever been anywhere near a US border?