US Customs Agents now have the authority to review and retain iPhones and other storage devices multimedia or computers indefinitely, in accordance with a new policy detailed by the US Department of Homeland Security. All this in case they detect any information that could put national security at risk or you are a suspect, which does not indicate that it is fulfilled in all cases.
I repeat, it is not a rumor, after the jump is the link to the American legal document and some clippings of it ..
So be warned. Better to take that old phone around the house and leave the macbook too.
«Link to the official US document»: click here.
It is not a rumor ...
User Mauricio tells us:
This news is false, what it indicates is that if any object has a
suspicion this could be seized, but it is not true that they will
seize, I send you the complete translation so you can see that this
news is not true:
Customs and Protection of the American Border
Border Policy Regarding the Search for Information
July 16, 2008
This policy provides guidance to U.S. and U.S. Customs.
Specialized Border Protection Officers (CBP)
Officials of the Border,
Patrol Agents in Air and Marine Agents, Affairs Agents
Acting, and any other CBP officer authorized to direct
border searches (for the purposes of this policy, all
the officials and agents will be called later
"Officials") with respect to the search for information contained
in documents and other electronic devices. Plus
specifically, this policy is part of the legal guidelines and
policies of officials and what they can investigate,
review, retain, on certain information that has been possessed by
individuals found at the border by CBP in the
border, or in the functional equivalent of the banks or the
extended border. This policy only governs the authority
responsible for the border search; nothing that this implies
policy limits CBP's authority to act in conjunction with other
authorities as a guarantee or as a ground for arrest.
A. Purpose:
CBP is responsible for ensuring compliance with customs,
immigration, and other federal border laws. To that end,
officials can examine documents, books, brochures, and other
printed material, as well as computers, disks, drives,
hard drive, and other electronic or digital devices
storage. These exams are part of CBP practices and are
essential for finding information. For example,
documents and electronic devices are a crucial tool
for discovering information about terrorism, narcotics of
contraband, and other matters of national security; admissibility
foreign; smuggling including child pornography,
monetary instruments, and information on the violation of rights
copyright or trademark laws; and evidence of
embargo, violations or other import or export command laws.
Despite this mission of vigor, in the course of each search
border, CBP will protect the rights of individuals against all
kind of unreasonable search. Each operational office will maintain the
appropriate mechanisms for internal audit and review of the
compliance with the procedures outlined in this policy.
B. Information Review in the Border Search Course
Searches at the border must be carried out by an official or
on the other hand properly authorized with the search authority of
border, such as a Special Agent can be. In the course of a
investigation at the border, and there is suspicion, officials
can retain analyze information carried by any
individual and who has tried to enter, to re-enter the USA, is
you are leaving, passing through or residing in the United States,
subject to the requirements and limitations provided in this
document. Nothing in this policy limits the authority of an official
to make writings, notes or reports or to document impressions
that relate to a border encounter.
C. Detention and Continuation of Border Search
(1) Detention and Review by Officials. The functionaries
can stop electronic documents and devices, or copy of
these documents, for a reasonable period of time to carry out a
complete border search. The search can be done on the site
or off the seizure site. As named in the following
section D is exempted, if after reviewing the information no
probable cause for the arrest exists and any
copy of it. All actions surrounding the arrest will be
documented by the official and certified by the Supervisor.
(2) Help from Other Federal Agencies or Entities.
(a) Translation or decoding. Officials can find
information in documents or on electronic devices in a
foreign language and / or in codes. To help CBP determine the
meaning of such information, CBP may request translation and / or
decoding assistance from other Federal agencies or
entities. Officials may seek such assistance in the face of a
suspicion. Requests for translation and decoding are
will document.
(b) Help on these topics. Officials can find
information in documents or electronic devices that are not in
a foreign or encoded language, however you should seek out experts
in the matter to determine if the information is relevant or
according to the laws. With supervisory approval,
officials can create and transmit a copy of the information to
an agency or entity for the purpose of obtaining assistance with
subject of the information in the event of reasonable suspicion
about activities that violate the law. Requests for aid are
will document.
(c) Only Original documents and devices should be transmitted
when necessary to request assistance.
(d) Answers and Help Time.
(1) Required Answers. All Agencies or entities that
receive a request for assistance in a border search must
provide such help as effectively as possible. The
Answers must include any kind of results,
observations and conclusions that relate to the laws given by
CBP.
(2) Time for Help. Help answers should be
provided by the agencies in an agile and fast way so that
CBP can complete its border search in a reasonable period of time.
weather. Responses can be given within a 15 day period unless
is authorized by the range officer such as the Director, the
Field Officer, or Chief Patrol Agent. This weather
additional will be explained in the help request. If the agency to the
that assistance is required is unable to respond in this period of
time, CBP may allow extensions in an increment of seven (7)
days. For the purposes of this provision, you cannot consider
agencies unrelated to these purposes
(e) Destruction. Except as stipulated in section D, if after
review the information, there is no probable cause to seize the
information, the obtained copies of the information must be destroyed.
D. Retention and exchange of the Information Found in the
Border searches
(1) by CBP.
(a) Withholding for Probable Cause. When officials determine that
there is probable cause for illegal activity, based on a review
of information in documents or on electronic devices
found on the border or in another fact and circumstance, can
hold and may retain the originals, copies of documents
relevant devices or devices, as authorized by law.
(b) Other Circumstances. In the absence of probable cause, CBP only
can retain
documents that relate to immigration matters, in
concordance with system data protection regulations.
(c) Exchange or share information. Copies of documents or
devices that are retained in accordance with this section, may
shared by CBP with federal, state, law enforcement agencies
local, and foreign only to the extent consistent with the law
applicable and policy.
(d) Destruction. Except for what is mentioned in this section, if after
to review
the information, it is concluded that there is no probable cause for
seize the information, CBP, will not retain any copies of the information.
(2) Aid Agencies and Entities.
(a) During Help. All documents and devices, in
originals or copies, may be retained by the agency for the
period of time needed to provide the requested assistance.
(b) Return or Destruction. At the conclusion of the requested aid,
all information should be returned as efficiently as possible to
CBP. In sum, the Federal agency or entity providing assistance must
certify to CBP that all copies of the information that was
transferred to that agency or entity has been destroyed, or CBP advises
according to section 2 (c):
(i) in case any original documents or devices are
transmitted, should not be destroyed; and be returned to CBP unless
that are withheld based on probable cause on the part of the
agency that provides assistance.
(c) Withholding with the Independent Authority. Copies can
be retained by the Federal agency or assisting entity only if it is already
magnitude that independent legal authority has when as per
For example, the information is of national security or has value of
intelligence. If this is the case, the agency must notify CBP of its
decision to retain the information.
E. Review and Handling of Certain Types of Information
(1) Commercial information. When Officials find a
business or commercial information in the documents and
electronic devices, such information will be treated as commercial and
it will be confidential information and the most reasonable measures will be taken
to protect information.
Information with unauthorized discovery. Depending on the
nature of the information presented according to the Statute of Secrets of
Commerce and other laws that govern or restrict the handling of the
information.
(2) Stamped Mail Class or Letter type. Officials do not
may or may not allow others to read correspondence from
stamped letter class mail (or its international equivalent of
First Class) without a guarantee of proper search or
consent. Only if there are items in the postal system of
mail, Letters carried by individuals or private carriers
like DHL, Federal Express, for example, are not considered to open
the mail, even if they are not stamped.
(3) Legal materials. There may be legal notices that the
information is of this nature, in order to prevent its opening in the
border. Although the legal materials are not necessarily
exempt from a border search, may be subject to
special handling procedures. Correspondence, documents
judicial, and other legal documents can be covered by means of
an attorney-client privilege. If an official suspects that the
volume of a document may constitute evidence of a crime or for
another party may belong to a determination within the
jurisdiction of CBP, the officer should seek advice from the
competent authorities before proceeding with the investigation of the
document.
(4) Identification documents. Passports, papers
Sailor, Aviator Certification, driver's licenses, cards
state ID, and similar government ID
may be copied for legitimate government purposes without
there is suspicion of illegality.
F. No Private Rights
This document is a statement of CBP's internal policy and does not
creates no rights, privileges, or benefits for any person
or part.
I hope it's a joke. I just spoke with a colleague 10 minutes ago to bring me one from the US and now they come with the fact that multimedia devices cannot be removed. It does not make sense, if I go to work in the United States for a month and I take my laptop to work, I do not think they have the right to take it away with the confidential data of the company that may be inside it etc etc I guess this will only be done in case that there is suspicion that you are a cousin of Bin Laden or something like that and not by system, any mobile can store information, I do not think we have to go with a startac or similar ...
IF I bring the iPhone 3G from the US without activating, what would I have to do when I arrive in Spain. Could you activate it with iTunes and then use one of these cards to MOvistar or jailbreak it? I do not clarify very well. Could you use the apple store?
What??? this news is confirmed ????? it's something illogical
Long live the country of freedoms !!! Here the pickpockets rob you, there the cops as soon as you get to the airport.
I hope Obama wins (he is less bad than the other), otherwise the USA is going to become a worse country than it already is in terms of civil liberties. Someday the people will realize it but it will be too late.
Antonio does not matter if you are Binladen's cousin, in airports and more in the US there are no rights. The next thing is that anyone who thinks they are suspicious can be tortured before boarding. And they are wrong because it is for the good of all ...
Well, to go to the US the best thing to do is go by boat XD.
A shame, but that seems where we are going, backwards.
Mauricio if it's official, look at the link.
Antonio .. the problem is not to get it out, it is to enter the United States with some storage medium.
I dont believe it…. This is such news that they would communicate it on TV and therefore I do not believe it. In the same way that they take the iphone they can catch the BB.
I would say it more as a rumor
Above you have the link to the official publication and some clippings that I have updated ..: S it is not rumor.
The United States (or its heads of government) wants security at whatever cost ... but security at the cost of freedom and privacy? I do not get it. We can have a debate and maybe never end, because we can get into issues of the war, Iraq, the Bush administration, the central bank, the value of the currency, and even the first bookmakers from when the monetary fund was created. , all this related to the same Bush family ...
Those from the US, FLIPAN! ! Come on, did I get my iPhone bought with MY money, and they take it from me at the airport?
He does not believe it or god!
So now in September I have to go, for work reasons, and I plan to buy things there. . .
My mother, what "democracy" they have there, what a barbarism, they take advantage of the fear of the citizens to cut freedoms, greetings to all!
a friend is in new york and wants to buy a macbook, come back in a month, with this law will she be able to bring it to her or will she have problems getting it out?
You can bring it, the problem is to get it out.
Hahaha
What he means is that "they can" do it if they see it necessary ... but from there until the people's phones are left there is an abyss ....
In the same way that there has been a law for a long time that allows them to leave you out of the United States if they do not like your face and if you are not a national, which does not mean that since it came into force no one can enter the United States.
Antonio, on the one hand, don't worry if your friend is going to bring you a macbook, they will not take it from you because it comes from the factory and does not have any type of information, because that is why that law came out that computers or multimedia devices have files that threaten someone's safety. on the other hand if you take your mac when you go to work there if they have every right to retain it while they find out what kind of information it contains .. that if they find something suspicious they retain it for life.
Leslie in that you are right, what annoys is that they have the possibility, I believe that freedom and privacy should be an untouchable constitutional right for more terrorism than it finds ..
What's next, check your panties?
Outrageous.
Lie. As the heading says it is not totally true. I live in Monterrey, Mexico a couple of hours from the Fontera in the Estates. The reason for the rule is to seize suspicious equipment, not explicitly the iPhones, let's not even unlock them. But if you have a feint of a bad guy there, they will disarm you of almost everything. Although they will return it to you later. Where if you have to be careful not to cross that border with CDs and pirated software that if it cost you and no money.
Sometimes things are misinterpreted, when I say "they have the authority ..." I do not mean "they have the obligation in all cases ..." with what I say that it is eventually if they suspect that there is something that puts national security at risk
On the other hand, when I refer to "retain the iPhone's or other storage devices ..." I do not mean that the legal document speaks of an iPhone, I only say that it falls into that category and the fact can be given,
Thanks to Mauricio we now have the text in Spanish and we may understand it a little more, I have added it to the post to complete more information.
Thanks Mauricio!
Oh my God!!!
In the official article it does not say that they are going to take your phone out, what it says is that they "can" take your phone out if they consider it suspicious, as well as "they can" take out a calculator if they consider it suspicious ... ... or whatever other electronic device.
Let's read well and interpret so as not to generate a massive madness! hehehehe
Look, don't pay much attention to him, I came with my white iPhone 3G and they didn't tell me anything and I also had an iPod touch.
I have been looking at the page of the American border and that of the different embassies and it does not say anything about this that is commented here, otherwise I do not think it is so bad only if they see you looking suspicious they will hold you until they verify everything last up to 1 day more or less) and if you are legal in everything they let you go, I have been many times to the usa and in 15 days I will go again and as always I take the macbook and the iphone gps and they have never told me anything too I carry virgin cd's. I hope it has not changed but my information is that everything remains the same to enter the usa. what you decide to take out of use technological products, the customs that interest you to leave is not the American one (although they can retain the product) but it is the customs of your country.
Let me explain when you fly Madrid-NYC, for example, in Spain you don't pass customs, but what happens in NYC.
the other way around is the same nyc-madrid customs is passed in madrid, but in the airports of origin if you can stop luggage for security if it is suspicious we go for the rest the same. I hope that it helped me.
I rectify if it is true but it puts suspects of an attack against the USA otherwise there is no problem, even if they requisition it and they see that there is nothing they return it to you without problems, it is only in case you carry detailed maps of the police schedules as in the movies terririst things, at least that is what the official sheet says.
On July 15, I went to the US and I had no problem entering with 2 mobile phones with a camera and a 2GB storage card each, a digital camera with two 2GB SD cards and a video camera with 2 4GB SD cards and I had no problem. I also saw how people who went for work entered with laptops without any problem.
On July 22 we left the US back to Spain with the same material plus an 8GB iPod Touch, and we didn't have any problems either. As well as passengers who were with their laptop had no problem.
The only thing that we saw curious is that whenever we passed through the security areas prior to boarding (security arches and X-ray machines), they made us, among other more common things, take off our shoes, and those who carried a laptop had to remove it from the case and put it on a tray just to go through the X-rays.
No one at any time withheld any laptop or storage device from any passenger.
THAT'S ALL A BUCKLE, I WAS A YEAR AGO NOW AND I DIDN'T HAVE ANY PROBLEM EVEN THOUGH THAT IN MY HAND-HELD I CARRIED 2 IPHONES, 1 IPOD, SOME SPEAKERS FOR THE IPOD, A PHOTO CAMERA AND MY PSP. PSP WAS BOUGHT THERE AND THERE WAS NO MAJOR PROBLEM, THE ONLY THING THAT THEY MADE ME REMOVE EVERYTHING I WAS IN THE HANDBAG, AND OF COURSE, WITH THE SPEAKERS I WAS ALL A LITTLE PRESSURE, BUT NOTHING ELSE, SO DON'T LET BE FOOLED BY RUMORS, I ENCOURAGE YOU TO GO TO NY WHICH IS AN INCREDIBLE CITY AND TO SHOP LIKE CRAZY.
happens to get out of there no problem what they say is to enter from July 16 so the experiences would have to be from that date I have been many times and nothing has ever happened to me, not even the last one in December. They do the computer thing in all the airports of the world now because I have been in many and they have always made me take it out of the bag to put it on a tray alone.
Fake! Fake! I work on a gringo airline and we would already have that news in order to warn our clients, otherwise we risk a lawsuit.
The usual is restricted, liquids, aerosols, sharp articles, weapons. etc ... .. but a mass storage device? ha ha ... sorry but we all have an MP3, MP4, Laptops, cell phones, PDAs and so many things that have memory.
Please, let's not be naive.
Lie!
Let's see in any customs in the world you can do that in fact if you carry food that is not allowed it can happen, but this does not happen in North America. I usually go with my macbook and my Ipone (bought there) at least once a year and I have never had any problems. They confiscate and surely hold you for questioning if they have a tip or suspect that you are a terrorist or something like that. With what they take away your mobile is not the most worrying thing.
greetings and have a little discretion when you post news!
: )
I just got back from the US this weekend, I have been there for two weeks and I left with my unlocked iPhone. I have NOT had any problem with it when entering, and much less when leaving the country. I do not know if someone has had the experience of cotranria ...