Title: New Zealand "Digital Strip Search" Post by: paxmao on October 04, 2018, 10:04:44 AM As probably most of you know, there are five countries that share plane travelers information at large. These are named "The Five Eyes (https://es.wikipedia.org/wiki/Five_Eyes)".
Uno of these countries is New Zealand. It has recently jumped to the news that now you can be subject to a "digital strip search (https://www.theguardian.com/us-news/2017/mar/31/us-border-phone-computer-searches-how-to-protect)", which apparently could be applied in US too. The implication is that you would face a $ 3000 fine if you don't provide your phone and computer passwords (http://time.com/5413621/new-zealand-digital-devices-password-fine/). I don't need to tell anyone that if you have passwords, accounts or any access to crypto in your phone or computer, you should take adequate measure to protect yourself if travelling to any of these countries. Title: Re: New Zealand "Digital Strip Search" Post by: mdayonliner on October 04, 2018, 03:38:32 PM The implication is that you would face a $ 3000 fine if you don't provide your phone and computer passwords (https://www.theguardian.com/us-news/2017/mar/31/us-border-phone-computer-searches-how-to-protect). That's weird however what about Fifth Amendment Right...?I don't need to tell anyone that if you have passwords, accounts or any access to crypto in your phone or computer, you should take adequate measure to protect yourself if travelling to any of these countries. Quote from: https://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html ...most Americans know they have the right not to answer police questions both while in custody or in court... Also watch this: https://youtu.be/d-7o9xYp7eE Title: Re: New Zealand "Digital Strip Search" Post by: paxmao on October 05, 2018, 03:40:06 PM The implication is that you would face a $ 3000 fine if you don't provide your phone and computer passwords (https://www.theguardian.com/us-news/2017/mar/31/us-border-phone-computer-searches-how-to-protect). That's weird however what about Fifth Amendment Right...?I don't need to tell anyone that if you have passwords, accounts or any access to crypto in your phone or computer, you should take adequate measure to protect yourself if travelling to any of these countries. Quote from: https://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html ...most Americans know they have the right not to answer police questions both while in custody or in court... Also watch this: https://youtu.be/d-7o9xYp7eE Above all, the border of a country is a legal limbo for the foreigner. For example, the people that make the decision of letting someone in the US are border agents. They may decide that they "suspect" that someone is there to look for work illegally and deny entry even if you have a visa to enter (and this does happen). It is quite a jungle. Sorry for not watching the video, I like text :). I did some research, this is the best text I found (https://www.eff.org/es/deeplinks/2017/04/bill-rights-border-fifth-amendment-protections-account-passwords-and-device). Quote ...the consequences for refusing to provide your password(s) are different for different classes of individuals. If you are a U.S. citizen, CBP cannot detain you indefinitely as you have a right to re-enter the country. However, agents may escalate the encounter (for example, by detaining you for more time), or flag you for heightened screening during future border crossings. If you are a lawful permanent resident, agents may also raise complicated questions about your continued status as a resident. If you are a foreign visitor, agents might deny you entry to the country entirely So... - If you are an US citizen you can call the 5th and, eventually, possible after making you loose a few hours, they will have to let you in. After all, you are entering your country and no-one can prevent you from doing so (I don't know if there are exceptions). - If you are not, you can (and most likely will) be denied entry. This is at the discretion of the Border Agent, event if you have a visa in place. However, and here's the ugly thing: Quote But whatever your status, whether you choose to provide your passwords or not, border agents may decide to seize your digital devices. While CBP guidelines set a five-day deadline for agents to return detained devices unless a CBP supervisor approves a lengthier detention, in practice, device detentions commonly last many months. Which constitutes a good gun pointed at your head. Title: Re: New Zealand "Digital Strip Search" Post by: xtraelv on October 05, 2018, 03:56:31 PM The implication is that you would face a $ 3000 fine if you don't provide your phone and computer passwords (https://www.theguardian.com/us-news/2017/mar/31/us-border-phone-computer-searches-how-to-protect). That's weird however what about Fifth Amendment Right...?I don't need to tell anyone that if you have passwords, accounts or any access to crypto in your phone or computer, you should take adequate measure to protect yourself if travelling to any of these countries. Quote from: https://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html ...most Americans know they have the right not to answer police questions both while in custody or in court... Also watch this: https://youtu.be/d-7o9xYp7eE Above all, the border of a country is a legal limbo for the foreigner. For example, the people that make the decision of letting someone in the US are border agents. They may decide that they "suspect" that someone is there to look for work illegally and deny entry even if you have a visa to enter (and this does happen). It is quite a jungle. Sorry for not watching the video, I like text :). I did some research, this is the best text I found (https://www.eff.org/es/deeplinks/2017/04/bill-rights-border-fifth-amendment-protections-account-passwords-and-device). Quote ...the consequences for refusing to provide your password(s) are different for different classes of individuals. If you are a U.S. citizen, CBP cannot detain you indefinitely as you have a right to re-enter the country. However, agents may escalate the encounter (for example, by detaining you for more time), or flag you for heightened screening during future border crossings. If you are a lawful permanent resident, agents may also raise complicated questions about your continued status as a resident. If you are a foreign visitor, agents might deny you entry to the country entirely So... - If you are an US citizen you can call the 5th and, eventually, possible after making you loose a few hours, they will have to let you in. After all, you are entering your country and no-one can prevent you from doing so (I don't know if there are exceptions). - If you are not, you can (and most likely will) be denied entry. This is at the discretion of the Border Agent, event if you have a visa in place. However, and here's the ugly thing: Quote But whatever your status, whether you choose to provide your passwords or not, border agents may decide to seize your digital devices. While CBP guidelines set a five-day deadline for agents to return detained devices unless a CBP supervisor approves a lengthier detention, in practice, device detentions commonly last many months. Which constitutes a good gun pointed at your head. The Fifth amendment doesn't apply to when a US citizen travels to Australia , Canada , New Zealand or the United Kingdom . It only applies if they arrive back in the USA. Title: Re: New Zealand "Digital Strip Search" Post by: MagicSmoker on October 05, 2018, 05:02:40 PM That's weird however what about Fifth Amendment Right...? Quote from: https://criminal.findlaw.com/criminal-rights/fifth-amendment-right-against-self-incrimination.html ...most Americans know they have the right not to answer police questions both while in custody or in court... Also watch this: https://youtu.be/d-7o9xYp7eE The actual amendment that pertains here is the 4th - prohibition against searches and seizures without probable cause - but border crossings are an exception, even for US citizens returning to the US. You can still refuse to be searched but you won't be allowed back into the country. IANAL, but I don't think a law compelling US citizens to supply computer or phone passwords to US border/customs agents would fly; citizens of other countries would be fair game, though. Title: Re: New Zealand "Digital Strip Search" Post by: paxmao on October 05, 2018, 08:07:42 PM The Fifth amendment doesn't apply to when a US citizen travels to Australia , Canada , New Zealand or the United Kingdom . It only applies if they arrive back in the USA. He is referring to my statement "---which apparently could be applied in US too." Title: Re: New Zealand "Digital Strip Search" Post by: Jet Cash on October 06, 2018, 07:41:52 AM The problem with this type of legislation is that it escalates the difficulty in detecting the real "criminals". It will probably be an inconvenience to the average traveller, and it may trap the odd unsophisticated tax evader, but the major criminals will just use more advanced protection methods. In these days of encrypted data transfer over the Internet, there is no real need to carry any incriminating evidence on a computer.
Title: Re: New Zealand "Digital Strip Search" Post by: ABCbits on October 06, 2018, 05:56:54 PM It's perfect to make traveler feel unsafe/violated while most criminals could evade that easily such as store all data on cloud storage with encryption and only bring Features phone.
"Digital Strip Search" would be useful if there's good/moderate proof and everyone who asked to comply is provided with the proof. Title: Re: New Zealand "Digital Strip Search" Post by: Quickseller on October 06, 2018, 09:55:12 PM Can you check the links in the OP? I don't see anything about New Zealand in the link you posted, and the link is an article about the US boarder protection agents searching phones/laptops when they enter the US. Nor do I see anything about any kind of fine for not complying.
Title: Re: New Zealand "Digital Strip Search" Post by: MagicSmoker on October 06, 2018, 10:10:48 PM Can you check the links in the OP? I don't see anything about New Zealand in the link you posted, and the link is an article about the US boarder protection agents searching phones/laptops when they enter the US. Nor do I see anything about any kind of fine for not complying. Here's the article I saw about it: Business Insider (https://www.businessinsider.com/new-zealand-border-customs-get-your-phone-password-or-face-3200-fine-2018-10) Title: Re: New Zealand "Digital Strip Search" Post by: Quickseller on October 06, 2018, 10:37:35 PM Can you check the links in the OP? I don't see anything about New Zealand in the link you posted, and the link is an article about the US boarder protection agents searching phones/laptops when they enter the US. Nor do I see anything about any kind of fine for not complying. Here's the article I saw about it: Business Insider (https://www.businessinsider.com/new-zealand-border-customs-get-your-phone-password-or-face-3200-fine-2018-10) The law only applies to physical devices and not to cloud passwords. The law nevertheless is not something I support. I suggest to have a "fresh" device if you plan on entering New Zealand, and have your information stored in the cloud in a way that you can access it once you are past the border. Title: Re: New Zealand "Digital Strip Search" Post by: xtraelv on October 07, 2018, 04:57:51 AM It is not unique to New Zealand. The law has been in place for a long time - it has just been revamped. The only new thing is the introduction of potential fines.
From 2013 https://fyi.org.nz/request/1357-grounds-for-search-of-electronic-devices-at-the-border Previous legislation that provided those powers were : Part 12 of the Customs and Excise act 1996 and the Search and Surveillance act 2012 The 2018 act specifically states: Code: However, there is no power under subsection (2) to search material (of any kind) that is accessible from the device but is not stored in the device http://www.legislation.govt.nz/act/public/2018/0004/latest/whole.html#DLM7039503 Code: 228 Data in electronic devices that are subject to control of Customs You can also be refused entry, have your Visa withdrawn and be detained. Canada - The Customs Act gives CBSA the ability to search your laptop or phone. https://www.priv.gc.ca/en/privacy-topics/public-safety-and-law-enforcement/your-privacy-at-airports-and-borders/ Quote If your laptop or mobile device is searched, it should be searched in line with this policy and, in that context, you will likely be asked to provide your password. If you then refuse to provide your password, your device may be held for further inspection. According to the policy, officers may only examine what is stored within a device, which includes, for example, photos, files, downloaded e-mails and other media. Officers are advised to disable wireless and internet connectivity, limiting access to any data stored external to the device, for instance, on social media or in a cloud. There is a broad range of existing legislation that could compel a person to disclose their decryption keys. Code: PART VI You can also be refused entry, have your Visa withdrawn and be detained. Australia - Australian Customs and Border Patrol Service (ACBPS) has an unfettered legal right to seize your possessions, without requiring a warrant, when you enter Australia. Quote Copying documents https://www.homeaffairs.gov.au/trav/ente/goin/departing/baggage-examination-and-questioningAfter examining an item, Border Force officers may copy a document where they are satisfied that the document may contain information relevant to prohibited goods, an offence against the Customs Act or a prescribed Act, or to certain security matters. A ‘document’ includes information stored on mobile phones, SIM cards, laptops, personal electronic recording apparatus and computers. There is no requirement for the traveller carrying the documents to be present when a document is copied. Code: CUSTOMS ACT 1901 - SECT 189 Searching Code: CUSTOMS ACT 1901 - SECT 201A Person with knowledge of a computer or a computer system to assist access etc. If you are traveling into Australia with pornography or sexually explicit material, you will have to declare it. This also applies to homemade films and pictures. Under the Cybercrime Act, 2001, The court can compel a person to provide a police officer with any decryption keys that they feel will unlock any evidential material. You can also be refused entry, have your Visa withdrawn and be detained. United Kingdom - Police still have the right to inspect any devices at the border, due to the broad-ranging rules in the Terrorism Act, 2000. Around 60,000 people have their devices inspected and the data stored therein duplicated and retained annually. https://www.makeuseof.com/tag/smartphone-laptop-searches-know-rights/ In 1998 the UK customs were already seizing laptops and searching for porn. http://news.bbc.co.uk/2/hi/science/nature/150465.stm These are their powers under the Commissioners for Revenue and Customs Act 2005 Code: 9Ancillary powers Code: Search and seizure of electronic media There is also the Regulation of Investigatory Powers Act 2000, part III. This requires the disclosure of decrypted information or decryption keys to government representatives with a court order. You can also be refused entry, have your Visa withdrawn and be detained. United States - according to a 2008 ruling made in a federal court, customs agents at U.S. airports can inspect the contents of passengers’ laptop computers. They don’t even need any evidence to do so. The Ninth US Circuit Court of Appeals in San Francisco declared a computer to be no different to a suitcase, car or any other property subject to search at an international border. While Citizens of the USA are protected by their constitution (Residents to a certain extent) - Non-residents are not protected by their constitution. So far there have been conflicting court cases regarding TSA and Customs warrant-less seizures of data. You can also be refused entry, have your Visa withdrawn and be detained. The Canadian Government warns their Citizens about the US Customs groundless searches ! https://www.priv.gc.ca/en/privacy-topics/public-safety-and-law-enforcement/your-privacy-at-airports-and-borders/#toc2 Code: Cell phone, tablet, and laptop searches at a foreign border Sources: https://www.itnews.com.au/blogentry/laptops-smartphones-are-fair-game-for-customs-355205 https://www.makeuseof.com/tag/smartphone-laptop-searches-know-rights/ https://www.homeaffairs.gov.au/trav/ente/goin/departing/baggage-examination-and-questioning EDIT: The actual amendment that pertains here is the 4th - prohibition against searches and seizures without probable cause - but border crossings are an exception, even for US citizens returning to the US. You can still refuse to be searched but you won't be allowed back into the country. IANAL, but I don't think a law compelling US citizens to supply computer or phone passwords to US border/customs agents would fly; citizens of other countries would be fair game, though. Both amendments apply. But the 5th is most relevant. The 4th Quote The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures The actual search would fall under this. But it is already accepted that physical searches by Customs agents is legal and reasonable. The electronic search is just an extension of this. The question is whether the private nature of such data makes it "reasonable". Retention of the data also makes it not just a search but a seizure. It the data kept ? Who owns the data ? I'm sure intellectual property rights and "copying and keeping a copy of property"were not considered when the constitution was written. The 5th Quote Protects individuals from being compelled to be witnesses against themselves in criminal cases. Having to disclose a password or encryption key would fall under this category. (Self incrimination) The current argument is that they are not "in the United States" but in "Customs pre-clearance". U.S. military bases overseas are not considered U.S. soil for the purposes of citizenship - the argument is that Customs pre-clearance is the same. https://web.archive.org/web/20090206024519/https://www.state.gov/documents/organization/86755.pdf Can you check the links in the OP? I don't see anything about New Zealand in the link you posted, and the link is an article about the US boarder protection agents searching phones/laptops when they enter the US. Nor do I see anything about any kind of fine for not complying. Here's the article I saw about it: Business Insider (https://www.businessinsider.com/new-zealand-border-customs-get-your-phone-password-or-face-3200-fine-2018-10) The law only applies to physical devices and not to cloud passwords. The law nevertheless is not something I support. I suggest to have a "fresh" device if you plan on entering New Zealand, and have your information stored in the cloud in a way that you can access it once you are past the border. Reasonable cause definition: Quote To have knowledge of facts which, although not amounting to direct knowledge, would cause a reasonable person, knowing the same facts, to reasonably conclude the same thing. Probable cause definition: Quote reasonable grounds to believe that a particular person has committed a crime, especially to justify making a search or preferring a charge. I agree - take a fresh device or buy a new hard-drive. I wouldn't recommend cloud storage for critical private information. Anything on the internet is vulnerable and it is potentially there forever. You potentially have multiple foreign nations trying to get access to it. Title: Re: New Zealand "Digital Strip Search" Post by: MagicSmoker on October 07, 2018, 12:21:53 PM Outstanding overview, xtraelv!
... The Canadian Government warns their Citizens about the US Customs groundless searches ! https://www.priv.gc.ca/en/privacy-topics/public-safety-and-law-enforcement/your-privacy-at-airports-and-borders/#toc2 Talk about the pot calling the kettle black... The actual amendment that pertains here is the 4th... Both amendments apply. But the 5th is most relevant. It's a good thing I inserted the classic IANAL disclaimer! Retention of the data also makes it not just a search but a seizure. It the data kept ? Who owns the data ? I'm sure intellectual property rights and "copying and keeping a copy of property"were not considered when the constitution was written. ... Having to disclose a password or encryption key would fall under this category. (Self incrimination) The current argument is that they are not "in the United States" but in "Customs pre-clearance". Interesting. I wonder if there is an old case - prior to the telecommunications era, that is - in which a US customs agent was challenged for copying the written contents of letters/manuscripts of a citizen returning to the country, as that would provide fairly direct precedent. Nevertheless, it is clear that if you leave the US many of your basic rights will be suspended or, at least, weakened, upon your return. I wouldn't recommend cloud storage for critical private information. Anything on the internet is vulnerable and it is potentially there forever. You potentially have multiple foreign nations trying to get access to it. Yep, I totally agree with this. I don't keep anything critical on cloud services like OneDrive, DropBox, etc. and just assume that malicious (or otherwise) state actors can access cloud services at any time they please. Veracrypt (https://www.veracrypt.fr/en/Home.html) for the win! Title: Re: New Zealand "Digital Strip Search" Post by: Quickseller on October 07, 2018, 04:26:31 PM Retention of the data also makes it not just a search but a seizure. It the data kept ? Who owns the data ? I'm sure intellectual property rights and "copying and keeping a copy of property"were not considered when the constitution was written. ... Having to disclose a password or encryption key would fall under this category. (Self incrimination) The current argument is that they are not "in the United States" but in "Customs pre-clearance". Interesting. I wonder if there is an old case - prior to the telecommunications era, that is - in which a US customs agent was challenged for copying the written contents of letters/manuscripts of a citizen returning to the country, as that would provide fairly direct precedent. Nevertheless, it is clear that if you leave the US many of your basic rights will be suspended or, at least, weakened, upon your return. There are two cases involving wiretapping, Berger v. New York, and Katz v. US, and in both cases the court referred to the act of wiretapping as a "Search and seizure" with the later case involving a case in which the government was recording a conversation. Based on the above, retaining the data would likely constitute a seizure. However my understanding is that CBP will often search electronic devices before the person is allowed to enter into the country, and the search will be complete prior to entry. If they observe evidence of a crime, they can apply for a search warrant to seize the data. I wouldn't recommend cloud storage for critical private information. Anything on the internet is vulnerable and it is potentially there forever. You potentially have multiple foreign nations trying to get access to it. Yep, I totally agree with this. I don't keep anything critical on cloud services like OneDrive, DropBox, etc. and just assume that malicious (or otherwise) state actors can access cloud services at any time they please. Veracrypt (https://www.veracrypt.fr/en/Home.html) for the win! Title: Re: New Zealand "Digital Strip Search" Post by: xtraelv on October 08, 2018, 12:10:14 PM ]I would disagree with this, provided however that you independently encrypt the data you have on a cloud service, and keep the decryption keys exclusively stored locally. This is especially true in the context of border crossings. In general, you are going to be subject to having electronic devices searched at every border crossing throughout the world, and as the OP points out, in some cases you may be compelled to give up passwords and decryption keys to files stored locally. However, in general (as is the case in the US), your cloud data is not subject to search when you cross boarders. Congress Passes CLOUD Act Governing Cross-Border Law Enforcement Access to Data (https://www.lexology.com/library/detail.aspx?g=37053ce1-09e5-4075-b67f-6f0087be0e8f) Yahoo $250,000 daily fine over NSA data refusal was set to double 'every week (https://www.theguardian.com/world/2014/sep/11/yahoo-nsa-lawsuit-documents-fine-user-data-refusal) When it is on the cloud it is easy to copy the data. Even when it is encrypted it allows them to store the data forever. To be decrypted at a later stage. It only takes a law-change, a backdoor, technological breakthrough or court issued warrant to compel you to hand over the encryption keys. It really depends on the nature of the data. Just a few reasons to be careful: Countries change: President Trump late Saturday escalated his rhetoric in urging supporters to support Republicans in the midterm elections, warning that Democrats have become "too extreme and too dangerous to govern." Source: https://thehill.com/homenews/campaign/410272-trump-attacks-dems-as-too-dangerous-to-govern-in-plea-for-gop-midterm This may only be rhetoric - but it could also turn into something else. Sexual persecution: In Russia same-sex sexual activity between consenting adults in private was decriminalized in 1993. Russian gay propaganda law was introduced in 2013 In January 2016, the State Duma rejected a proposal by the Communist Party to punish people who publicly express their homosexuality with fines and arrests. https://en.wikipedia.org/wiki/Russian_gay_propaganda_law https://en.wikipedia.org/wiki/LGBT_rights_in_Russia https://en.wikipedia.org/wiki/Adultery#Punishment http://www.futurescopes.com/romance/love-and-sex/3243/countries-where-sex-outside-marriage-crime Religious reasons: https://en.wikipedia.org/wiki/Persecution_of_Christians#Current_situation_(1989_to_present) https://en.wikipedia.org/wiki/Persecution_of_Muslims#Current_situation_(1989_to_present) https://en.wikipedia.org/wiki/Discrimination_against_atheists Financial reasons: https://en.wikipedia.org/wiki/Legality_of_bitcoin_by_country_or_territory https://en.wikipedia.org/wiki/Executive_Order_6102 "Dangerous MEMEs" https://translate.google.com/translate?hl=en&sl=auto&tl=en&u=https%3A%2F%2Fwww.bbc.com%2Frussian%2Fnews-45062731 When I asked a Russian friend what their border policy was - whether they can seize your laptop or phone and require you to disclose your password. He smiled and said " They don't need a password" It made me think: While they may be living in a less democratic regime - I very much doubt that the spying that goes on is much different. They may require you to give them your password but it only makes it easier for them. I think perception is the difference. Sometimes I wonder if we live in delusional freedom when we have so much of our privacy stripped away. Title: Re: New Zealand "Digital Strip Search" Post by: paxmao on October 08, 2018, 12:35:58 PM Can you check the links in the OP? I don't see anything about New Zealand in the link you posted, and the link is an article about the US boarder protection agents searching phones/laptops when they enter the US. Nor do I see anything about any kind of fine for not complying. Done. Sorry, I pasted twice the same one, now the 3rd should refer to NZ Title: Re: New Zealand "Digital Strip Search" Post by: paxmao on October 08, 2018, 12:38:49 PM It is not unique to New Zealand. The law has been in place for a long time - it has just been revamped. The only new thing is the introduction of potential fines. ... I think that it now includes the obligation to provide passwords that was not mentioned before. Yes, it still does not include cloud stored info. Title: Re: New Zealand "Digital Strip Search" Post by: xtraelv on October 08, 2018, 02:06:01 PM The Fourth Amendment to the US Constitution generally forbids “unreasonable searches and seizures” by the government does not apply to border searches because of the so-called “border search exception.” . The Supreme Court has held that at the border (which includes international ports of entry like airports), the government has broad authority “pursuant to the longstanding right of the sovereign to protect itself by stopping and examining
persons and property crossing into this country.” Source: American Association of University Professors (AAUP) (https://www.aaup.org/sites/default/files/Border_Searches_FAQs_0.pdf) It is not unique to New Zealand. The law has been in place for a long time - it has just been revamped. The only new thing is the introduction of potential fines. ... I think that it now includes the obligation to provide passwords that was not mentioned before. Yes, it still does not include cloud stored info. Yes- it includes a new NZ requirement to give your password and ability to give heavy fines for failing to comply: https://nzccl.org.nz/content/customs-able-demand-unlockpasswords-border The reality is that they could already search your laptop and ask for your password. Failing to provide your password would have resulted in either: - a search warrant being applied for - requiring you disclose the password - having your visa cancelled and being denied entry. This would result in detention and a removal order. A removal order comes with a 2 year ban and would exclude you from numerous other countries. The fine just give them an additional tool to threaten with. They can potentially detain you until the fine is paid and then execute the removal order. New Zealand is a pussycat in comparison to the USA. You are more likely to get searched for "illegal Apples" than for drugs or have your laptop searched. (NZ doesn't have as much of a problem with imported drugs as the US) The ministry of primary industries (MPI) will ask you and if necessary search you for fruit and meat products that could bring in foreign diseases. (Yes really - I'm telling the truth) They have fruit sniffing dogs. https://i.imgur.com/qTMq4ro.jpg The NZ customs officers do not have guns or weapons . If you are friendly and polite to them they will be polite and treat you like a customer rather than a suspect. They do usually have a armed police officer nearby (or in case of ships) - someone from the Defence Force. The NZ police normally do not wear guns. They only have access to guns in locked in a strongbox their car. Their use of guns is extremely strict. http://www.police.govt.nz/news/release/3376 Some specially trained officers carry a Tazer. The only exceptions to this is that the police at the airport have guns and at Parliament and when protecting foreign officials. Even Aviation security (like the TSA) do not have guns ! When a New Zealand police officer sees a criminal with a gun they back off and call in a specialized unit called the "armed offenders squad" (AOS = SWAT team) or Anti-Terrorism Unit (In case of Terrorist threat) - I'm not kidding. Most police officers there will smile, talk to you politely and be helpful. They rarely have shootouts - it would make national news for months ! Quote The rare sight of armed police marching through Richmond streets was a “necessary response to a potentially dangerous situation” that developed after two men took off following the incident, http://nelsonweekly.co.nz/2017/05/armed-police-swoop-on-richmond-property/If you break down on the side of the road as a tourist. The police will probably stop and assist. They are ridiculously friendly there. https://www.youtube.com/watch?v=f9psILoYmCc https://www.youtube.com/watch?v=rCI4uzNMUhs LOL -if you are from the USA have a look at how they arrest people in New Zealand. https://www.youtube.com/watch?v=g4IiiWCOfFc US Border Control checks peoples social media accounts. https://www.cnet.com/news/border-patrol-agents-checking-facebook-profiles-trump-immigration-ban/ https://www.theverge.com/2017/1/30/14438280/trump-border-agents-search-social-media-instagram https://www.theverge.com/2016/12/22/14066082/us-customs-border-patrol-social-media-account-facebook-twitter USA was doing it to citizens already in 2011 - requiring to provide passwords: https://www.youtube.com/watch?v=slosuXkqBnM ACLU advice https://www.youtube.com/watch?v=uVtBS9HC46w The search from 2011 https://www.youtube.com/watch?v=pX7q-bltPR8 The ruling that the 1st and 4th amendment don't apply to border searches. https://www.youtube.com/watch?v=fw79gifIWvQ https://www.youtube.com/watch?v=R-DkGncSc2U Quote United States v. Arnold, 533 F.3d 1003 (9th Cir. 2008), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that the Fourth Amendment to the United States Constitution does not require government agents to have reasonable suspicion before searching laptops or other digital devices at the border, including international airports https://en.wikipedia.org/wiki/United_States_v._ArnoldQuote United States v. Cotterman,[4] (9th Cir. en banc 2013), is a United States court case in which the United States Court of Appeals for the Ninth Circuit held that property, such as a laptop and other electronic storage devices, presented for inspection when entering the United States at the border may not be subject to forensic examination without a reason for suspicion, a holding that weakened the border search exception of the Fourth Amendment to the United States Constitution. https://en.wikipedia.org/wiki/United_States_v._CottermanCode: July 31, 2017 NOTE: Quote Regarding email and social media, some privacy experts contend that the “border search exception” would Source: American Association of University Professors (AAUP) (https://www.aaup.org/sites/default/files/Border_Searches_FAQs_0.pdf)not apply to a CBP search of online accounts because the data is hosted at data centers around the world, not on the device carried through the border. However, this legal issue has not been settled, and as a practical matter, once CBP gains access to your device, CBP will have access to your signed-in online applications (Facebook, Twitter, etc.). Current ACLU lawsuits: https://www.aclu.org/news/aclu-eff-sue-over-warrantless-phone-and-laptop-searches-us-border https://techcrunch.com/2018/03/12/aclu-sues-tsa-over-searches-of-electronic-devices/ Quote The phone displayed the message, “Sorry, this media file doesn’t exist on your internal storage.” This problem did not occur before CBP’s search and seizure of the phone. https://www.aclu.org/bio/ghassan-and-nadia-alasaadQuote When he refused, the agents confiscated his laptop, smartphone, and camera, and told him it could be as long as a year before the government would return them. https://www.aclu.org/bio/matt-wrightQuote When Ms. Merchant’s devices were returned to her, the Facebook application on her phone was displaying her friends list. That was not the case when she had given up the phone. https://www.aclu.org/bio/zainab-merchantQuote A few days later, while returning from a day trip to Canada, Mr. Shibly was again detained and told to hand over his phone. When he refused, three agents responded with force. One agent grabbed his neck and began to choke him while another held his arms and legs. The third agent reached into his pants’ pocket and took the phone. Mr. Shibly describes feeling severe pain and fearing for his life. At no point did he physically resist. https://www.aclu.org/bio/akram-shiblyQuote They also asked Mr. Kushkush for his social media identifiers and his email address. https://www.aclu.org/bio/ismail-kushkushQuote After three hours, he was directed to a separate area, where he was questioned about his work as a journalist. After having spent a total of three and a half hours in the inspection area, he was released. https://www.aclu.org/bio/ismail-kushkushQuote He continues to feel anxious about the fact that the government copied and retained sensitive materials concerning his journalistic work. https://www.aclu.org/bio/jeremy-dupinQuote When the agent returned, he told Mr. Bikkannavar that they had used “algorithms” to search his phone — indicating they used forensic tools to capture and analyze the private information contained in the device, including emails, texts, and other private information. https://www.aclu.org/bio/sidd-bikkannavarLand of the Free? US Has 25 Percent of the World’s Prisoners (https://billmoyers.com/2013/12/16/land-of-the-free-us-has-5-of-the-worlds-population-and-25-of-its-prisoners/) Title: Re: New Zealand "Digital Strip Search" Post by: paxmao on October 08, 2018, 05:48:21 PM [ You are more likely to get searched for "illegal Apples" than for drugs or have your laptop searched. (NZ doesn't have as much of a problem with imported drugs as the US) The ministry of primary industries (MPI) will ask you and if necessary search you for fruit and meat products that could bring in foreign diseases. (Yes really - I'm telling the truth) They have fruit sniffing dogs. I have no-fruit to hide :). That is true in most economic areas, but particularly in "islands" such as New Zealand and Australia. There are quite a few limitations on fresh meat, fish... Land of the Free? US Has 25 Percent of the World’s Prisoners (https://billmoyers.com/2013/12/16/land-of-the-free-us-has-5-of-the-worlds-population-and-25-of-its-prisoners/) Not to mention a ridiculous amount of it´s total population in prison. Roughly 1%, that is more than 2 million people. Not to mention another staggering 4 million in probation. https://upload.wikimedia.org/wikipedia/commons/thumb/4/48/U.S._incarceration_rates_1925_onwards.png/1280px-U.S._incarceration_rates_1925_onwards.png Title: Re: New Zealand "Digital Strip Search" Post by: Quickseller on October 08, 2018, 06:05:32 PM ]I would disagree with this, provided however that you independently encrypt the data you have on a cloud service, and keep the decryption keys exclusively stored locally. This is especially true in the context of border crossings. In general, you are going to be subject to having electronic devices searched at every border crossing throughout the world, and as the OP points out, in some cases you may be compelled to give up passwords and decryption keys to files stored locally. However, in general (as is the case in the US), your cloud data is not subject to search when you cross boarders. Congress Passes CLOUD Act Governing Cross-Border Law Enforcement Access to Data (https://www.lexology.com/library/detail.aspx?g=37053ce1-09e5-4075-b67f-6f0087be0e8f) If there is probable cause, and law enforcement is able to obtain a warrant for data, the fact the data is in the cloud is not going to affect law enforcement's ability to obtain said information. |