What are the consequences of a US citizen denying encryption key to the CBP?
I am considering to travel out of the US. However, being a brown person, I am concerned about the recent actions of the US Customs and Border Protection. I strongly believe in digital privacy and 0% willing to share my data with anybody else. I keep my data encrypted. However, it looks like that the constitutional rights don't work in front of the CBP and they may order a traveler to give away the key. What are the actions they may take against me if I don't comply with their orders while returning back to the US?
I want to know about the consequences of not complying with the CBP orders with respect to this circumstance. I am not looking for the best practices to avoid a confrontation which has been answered by this question.
Best Answer
What are the consequences of a US citizen denying encryption key to the CBP?
Assuming you are not already the subject of an Investigation:
- The device will be seized for further inspection.
- You will be detained, not arrested, and questioned.
- You may be questioned at a later date.
- If the Officers have sufficient reason to believe you are engaged in criminal activity, you may become the subject of a full Investigation.
There are only two points to keep in mind:
- Everything is subject to inspection. Everything. To clarity, everything.
- There is nothing you can say or do to prevent inspection if an Officer decides to inspect your belongings. Nothing. To clarify, nothing.
Before any comments:
- Save Diplomatic or Law Enforcement Credentials, there are no exceptions to this.
- You cannot be required to provide your Password, but the device will definitely be seized.
- The nature of any legal material on the device is completely irrelevant.
- If you are the subject of valid Warrant, you may be admitted, then arrested. At that point, everything you are carrying will become potential evidence.
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Can a US citizen be denied entry?
The same is true for lawful permanent residents: you generally cannot be denied entry to the United States, but declining to answer questions may result in delay or further inspection. Refusal by non-citizen visa holders and visitors to answer questions may result in denial of entry.What happens when you are denied entry to the US at the airport?
Many foreign travelers are denied entry to the US at airport terminals every day. When you get to the airline counter, three things could happen: They apply your return ticket to your flight back. They add a fee to change your return flight date.Can border agents check your phone?
This means that just like your luggage, our officers can examine your cell phones, tablets, laptops and any other digital device you are carrying. A digital device is defined as any device that is capable of storing digital data, such as: cell phones. smartphones.What happens if you are denied entry to a country?
The range of options here include them applying your return flight to the flight on which they take you home without charging anything more, doing that but charging a change fee, or requiring you to buy a new ticket\u2014up to and including a full-fare, one-way walk-up ticket.Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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