Hello,
I am trying to gather some information on steps, procedures, and options for increasing privacy while crossing into the US.
My girlfriend goes to school in Canada and crosses the borders frequently throughout the year for; long weekends, extended holiday breaks, semester breaks, and summer breaks.
She’ll be going back to Canada for this next year and with everything happening she’s asked me to help her find ways to limit her exposure to data being reviewed or stored as she’s studying a more Social/Liberal Arts degree which could flag her as a target because of the current political climate.
I’ve also suggested possibly limiting border crossing instead of coming back as often as she used to.
I’m working through articles and finding things from EFF and ACLU, but would happily taken suggestions, guidance, or any direction from anyone willing to share.
I’ve considered trying to find a way for her to backup her devices, maybe store those backups in the cloud, create “decoy” states of her devices (elaboration below), then restore the original state of the devices once she’s safely past the border.
Devices:
iPhone 11 [18.6]
MacBook Air 13 [Possibly Sequoia 15.5, as stated in her iCloud, she doesn’t have it with her right now]
For “decoy” device states, I mean having some apps and data on the devices, but nothing identifying/or that might otherwise give agencies data to further search (online account names/services, stored passwords, large collections of contacts/message histories, etc.)
I’ve suggested trying to switch to android/PC devices to provide alternative privacy/security options, but her family pays for the devices so it’s just the same brand as whatever they have. So, that’s not an option at this point, but any statements regarding increased effectiveness, or even lack thereof, by switching to different brand devices may help with any future transition considerations.
Thank you very much for taking the time to read through my post and any guidance you might be able to provide is highly appreciated.
It matters a lot whether she is a US citizen or not.
If she’s a citizen, then she can shut up / lawyer up. She has a fifth amendment right to not divulge a phone or computer password, code, pin, or whatever. CBP can detain her for up to several hours, but at the end they have to either charge her or release her into the country.
If she’s not a citizen, then things are a lot tougher. She still has constitutional rights, including the fifth amendment. But CBP has a lot of leverage, because they can rule her inadmissable. Once that happens once, then it can become really hard to get readmitted later, because this “strike” is on your record.
The main thing that is tripping up green cats holders at the border currently is old criminal records. That DUI or marijuana or shoplifting charge or conviction from 20 years ago is often not enough dirt to get an LPR deported, but it is enough dirt to deny readmission if they happen to leave voluntarily.