Defending Privacy at the U.S. Border: A Guide for Travelers Digital Devices

Re:Defending Privacy at the U.S. Border: A Guide for Travele... by orofino on Sunday January 22, 2012 @12:04PM (#3496996)

IANAL. You have 5th amendment rights against self incrimination. You don't have to answer. How do you word that? No idea, but that would be the route to take I think.

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by nekojima on Sunday January 22, 2012 @12:17PM (#3497032)

"You have 5th amendment rights against self incrimination."

My concern is while that is often stated, those people aren't sitting in the detention centre with you for hours while your digital devices and the material on them is being searched and you are being 'threatened' with further detention, likely bogus charges and pressured to admit guilt for using your laptop as a normal user does.

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by mrdingle on Sunday January 22, 2012 @12:42PM (#3497100)

These are standard interrogation tactics that people need to be prepared for. If you really feel threatened, speak to a qualified layer before you make any decisions, say anything, or agree to anything you don't want to.

Standing up for your rights and privacy isn't always going to be easy. But sitting in detention for a little while is really a small price to pay for your liberty. Plus, you'll waste a lot of public money in the process.

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by nl on Sunday January 22, 2012 @07:52PM (#3498507)

You have 5th amendment rights against self incrimination.

Not if you aren't a US citizen.

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by tikhonj on Sunday January 22, 2012 @08:38PM (#3498609)

As far as I know, constitutional rights apply equally to both citizens and non-citizens. Of course, if citizens aren't protected in this case, neither will non-citizens, but I think the distinction should not matter in constitutional matters.

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by nl on Monday January 23, 2012 @12:01AM (#3499149)

I believe that current rulings indicate US Constitutional rights do not apply to non-citizens outside US borders.

Quote:

Citing Yick Wo v. Hopkins, the Court, in the case of Wong Wing v. US, further applied the citizenship-blind nature of the Constitution to the 5th and 6th amendments, stating ". . . it must be concluded that all persons within the territory of the United States are entitled to the protection guaranteed by those amendments,

(Note "within the territory of the United States")

http://usgovinfo.about.com/od/rightsandfreedoms/a/illegalrig...

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by tikhonj on Monday January 23, 2012 @12:10AM (#3499177)

But do these rights even apply to citizens outside of the US? I don't actually know.

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Re:Defending Privacy at the U.S. Border: A Guide for Travele... by Volpe on Sunday January 22, 2012 @09:21PM (#3498705)

If you are at the border (i.e not in the US) Do those rights still hold?

I thought that was the point of guantanemo? Because the US doesn't want the prisoners there to have any rights.

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