Fed. Judge in NY: No 4A rights for Int'l Travelers. What's on your device?

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  • Benanov

    PM Bomber
    May 15, 2013
    910
    Shrewsbury, PA
    Well I wouldn't have child porn on it so there really isnt much to explain. LOL that's a very odd scenario to suddenly jump to.

    Considering I can find cases where people have been stopped at the border and asked about child porn, it's not a very difficult jump and I didn't need a running start. You're hiding data, and that's contraband data. Why do you have something to hide, citizen?

    Additionally they are looking for explosives, weapons and drugs. They dont care about small little memory sticks buried in your luggage. They may routinely DL data from a laptop but they arent routinely rooting around your cameras, ipods, "personal massagers" etc. for a postage stamp sized piece of plastic. If they ask why I hid the sd card I would simply say I didnt want the data stolen... which is the truth. If they do find it and make a copy of it, well then that isnt any worse than them copying your hard drive in the first place. At least you give yourself a chance at keeping your data private.

    Yeah, bc the NSA isnt looking at everything in the cloud anyway. I would trust my data with some yokel fng at the TSA checkpoint much more than I would trust it in some "secure" cloud.

    I said nothing about any sort of cloud. And the point is to not let the government have a copy of your data in the first place.

    Let me try to explain this again, with some analogies:

    I have a box of... pictures of dolphins...that I took in Cancun for a calendar contest. I want to bring these pictures home, and I don't want anyone else to have these pictures - if anyone gets them, they'll submit them to the contest holder as their own work. Let's complicate things and say I have to be physically at my house to send the work in. (I need to be home, okay? All abstractions leak.)

    I take the box across the border, I'll be asked to open it and customs officials are in on the contest - and looking for good dolphin shots, and can legally compel me to open the box.

    I take a lockbox and a lock with me (my public key). The lock is very difficult to pick; you basically need the key or a large amount of time - and the box is very difficult to drill into - you're not getting into this box easily. I don't lock the lock - I just drop it in my bag. Anyone can put things into the box, but once it's locked (encrypted) nothing is getting out of the box unless I say so.

    I leave the key to open the box at home. (That's my private key & password combination.)

    When I'm done taking my pictures, I open the lockbox, put the pictures inside, and lock the box. I then mail it home. (Yes, over the cloud / email / etc.)

    When I get home, I open the box and submit my dolphin pictures to the contest holder and claim my prize.

    It's not a perfect analogy, but hopefully it explains this better. And yes, the box could still be intercepted in transit - but it's encrypted and there is no way to compel me to decrypt it because I'm not with the box. There's no way it can be decrypted without basically breaking the entire foundation on which the internet relies for encryption. This is why the NSA was weakening encryption algorithms. (For the record, this is where the "phsyical object" analogy breaks down horribly, but it's cool.)

    Public Key Encryption takes a little getting used to, because there are up to 4 keys involved in any transaction. (In this case, I don't need to authenticate the data I'm sending myself, because I'm sending it to myself, so we can drop 2 keys from the scenario.)


    Considered it...but plausible deniability is a thing. You can be compelled to give up the password for data if they know you have the data.
     

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