# Travel

# Tech Security While Crossing Borders

## Planning Ahead: Before Your Trip

### Minimize What You Carry

- **Leave devices at home** when possible - border agents cannot search what you don't bring
- **Use a temporary "travel" device** with minimal data loaded on it
- **Remove sensitive information** from devices you must bring
- Consider which apps you actually need - fewer is better

### Backup Everything

- **Make complete backups** of all devices to encrypted storage (leave at home)
- Ensure cloud backups are current and accessible remotely after crossing
- Document device serial numbers for insurance/tracking purposes
- **Remember:** You may need to factory reset devices, so backups are critical

### Protect Data You Carry Over the Border

**Encryption (Most Important)**

- **Use full-disk encryption** on all devices (FileVault for Mac, BitLocker for Windows, built-in for iOS/Android)
- Encryption makes data unreadable without your password
- **Create a strong password for your devices:** Use 4-6 random words or a long passphrase (12+ characters)
- **Do NOT rely on biometric locks alone** (fingerprint, Face ID) - use strong passwords or PINs

**Power Off Your Devices**

- **Turn off all devices completely** before reaching the border (don't just sleep/lock them)
- This protects against sophisticated attacks that only work on powered-on devices
- Powering off also forces password entry rather than biometric unlock

**Additional Preparations**

- Log out of cloud services and apps you won't need during travel
- Clear browser history and remove saved passwords
- Consider temporarily uninstall messaging apps
- Consider making social media profiles temporarily private

## At the Border: Know Your Rights

### Your Legal Status Matters

**U.S. Citizens:**

- Cannot be denied entry to the U.S. for refusing to unlock devices or provide passwords
- However, refusal may result in device seizure, extensive questioning, and significant delays
- You have the right to remain silent and cannot be compelled to answer questions about religion or political beliefs

**Lawful Permanent Residents (Green Card Holders):**

- Generally cannot be denied re-entry for refusing to unlock devices
- However, agents may raise questions about your continued status as a resident
- Do not give up your green card voluntarily

**Foreign Visitors (Visa/VWP travelers):**

- May be denied entry for refusing to unlock devices or provide passwords
- Face the highest risk of consequences for non-compliance
- Should carefully weigh risks before traveling with sensitive data

### What Border Agents Can Do

**Legal Authority:**

- Border agents claim authority to search electronic devices without any suspicion
- They can demand that you unlock devices, provide passwords, or disclose social media information
- They can seize devices for extended examination (days, weeks, or months)

**Important Legal Developments:**

- A 2019 federal court ruled that suspicionless searches of electronic devices may be unconstitutional
- However, current CBP policy still allows searches without individualized suspicion
- Legal protections continue to evolve - this is contested territory

### If Asked to Unlock Your Device

**Basic Rules for Everyone:**

1. **Stay calm and respectful** - getting emotional may escalate the situation
2. **Do not lie** - lying to federal agents is a federal crime
3. **Do not physically interfere** - comply with demands to hand over devices
4. **Document everything** - try to note agent names, badge numbers, and what was accessed

**Your Options:**

**Option 1: Comply**

- If you unlock your device, agents can search all content and make copies
- Consider stating you are complying "under protest and without consent"
- Request that searches be conducted in front of a supervisor

**Option 2: Decline**

- Politely ask whether they are *ordering* or *requesting* you unlock the device
- If it's a request, you can decline
- If it's an order and you refuse: 
    - **U.S. Citizens:** May face device seizure, delays, additional questioning, but cannot be denied entry
    - **LPRs:** Similar to citizens, but may face immigration status questions
    - **Foreign visitors:** May be denied entry to the U.S.

**If Your Device is Seized:**

- Request a receipt (Customs Form 6051D) documenting what was taken
- Ask when you can expect the device to be returned
- Do not expect quick return - devices may be held for months

### Special Considerations

**Attorney-Client Privilege:**

- If you're an attorney carrying privileged communications, inform agents
- CBP policy requires agents to consult their legal office before searching privileged materials
- However, this is not a complete protection

**Journalists:**

- Protecting confidential sources is critical
- Consider not traveling with sensitive source information
- Document any attempts to access source materials

**Cloud Data:**

- CBP policy (as of 2017) states agents should only search data "physically resident on the device"
- They should not use your device to access cloud content
- However, enforcement of this policy is unclear
- If asked for cloud account passwords, you can decline (but face consequences noted above)

**Social Media:**

- Border agents may ask for social media identifiers/handles
- They may ask to see social media content on your phone
- Foreign visitors on Visa Waiver Program are asked to "voluntarily" provide social media identifiers

## After Crossing: Post-Travel Security

**Immediate Actions**

- **Change all passwords** if you unlocked devices for border agents or provided passwords
- Review account activity logs for unauthorized access
- Check devices for new apps, configuration changes, or suspicious files
- Enable 2FA if it was disabled for travel

**Device Inspection**

- Consider devices potentially compromised if seized or extensively searched
- Have IT staff conduct security inspection if you have organizational support
- For highly sensitive situations, wipe device and restore from backup

**Documentation and Reporting**

- Write down everything that happened as soon as possible
- Note all agents involved (names, badge numbers, agencies)
- **If your rights were violated, contact:**
    - EFF at borders@eff.org
    - ACLU for civil rights complaints: https://www.dhs.gov/file-civil-rights-complaint
    - Your organization's legal counsel

## High-Risk Travelers: Special Precautions

**Journalists, Attorneys, Healthcare Workers, Activists:**

- You have professional obligations to protect confidential information
- **Strongest protection:** Don't bring sensitive data across the border
- Access via secure cloud connection after clearing border
- Use burner devices with minimal/no sensitive data
- Ship devices separately (though they can still be searched)

**Organizations Should:**

- Establish clear travel security policies
- Identify which roles require burner devices
- Provide temporary travel devices when needed
- Create protocols for accessing sensitive data remotely after crossing
- Have incident response procedures for device seizures

## Resources

**Official Guides:**

- EFF's Digital Privacy at the U.S. Border: [https://www.eff.org/wp/digital-privacy-us-border-2017](https://www.eff.org/wp/digital-privacy-us-border-2017)
- ACLU Know Your Rights: [https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us](https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-airports-and-other-ports-entry-us)

**Tools and Services:**

- Full-disk encryption: FileVault (Mac), BitLocker (Windows), built-in (iOS/Android)
- Password managers: 1Password, Bitwarden
- Secure deletion tools: See [EFF's Surveillance Self-Defense guide](https://ssd.eff.org/)
- Cloud storage: Consider services with client-side encryption like Tresorit

**File Complaints:**

- CBP: [https://www.cbp.gov/contact/ports](https://www.cbp.gov/contact/ports)
- DHS Office of Civil Rights and Civil Liberties: [https://www.dhs.gov/file-civil-rights-complaint](https://www.dhs.gov/file-civil-rights-complaint)
- Traveler Redress Inquiry Program (TRIP) if you believe you're on a watchlist: [https://www.dhs.gov/dhs-trip](https://www.dhs.gov/dhs-trip)