Re:A US-born NASA scientist was detained at the border until...
by mysticmarvel on Monday February 13, 2017 @05:54AM
(#13634416)
Do you have a job or family? How long would the former keep you employed? How long would the latter last without your support? Could you afford legal fees without employment?
It's cool to say these things, but the system is weighted against protest. You must be ready to sacrifice everything for your principles.
Re:A US-born NASA scientist was detained at the border until...
by morgante on Monday February 13, 2017 @04:53PM
(#13639129)
That's why I specifically said nobody is obligated to protest.
Personally, I'm quite well-positioned to be able to do this. I'm a young self-employed single white man with no family to support. My net worth is probably enough to pay the legal fees (though I hope that this is the sort of case the ACLU or EFF would support).
Re:A US-born NASA scientist was detained at the border until...
by manarth on Sunday February 12, 2017 @07:15PM
(#13632068)
"I don't think they can force me to give up my PIN. Not even a court can do that."
Re:A US-born NASA scientist was detained at the border until...
by koolba on Monday February 13, 2017 @06:49AM
(#13634607)
That's for contempt of court. If a judge thinks (effectively in his sole discretion) that you're in contempt of court, they can sentence you to whatever they'd like for as long as they'd like. It's purposely vague and powerful because it's meant to be used to punish the most heinous of acts: those against the court.
I don't think they can force me to give up my PIN. Not even a court can do that.
My rights as a citizen are indeed less, in that they can detain me in an attempt to force compliance. The thing is that it's never been fully tested. In all the cases I've reviewed, either the person relented or CBP eventually let them through.
If the detention lasted for days, their case would become harder and harder to make. Someone needs to make a stand.
> FYI, I think they have the same right to search you or hold you indefinitely on the way out as well.
Perhaps, but leaving is nowhere near as systematic. More importantly: if they were making giving up this info a condition of entry, I would refuse to enter. If they want to lock me up for that, I have a court case.