One year later, however, in Riley v. California , the Supreme Court held that the police had to obtain a probable cause warrant to search the cell phone of an individual under arrest. In short, the police invoked an exception to the Fourth Amendment similar to the border search exception. No appellate court has yet applied the Riley decision in the border context, but the Supreme Court itself has recognized that the search-incident-to-arrest exception invoked by the government in Riley is similar to the border search exception.
In both the Cotterman and Riley cases, courts stressed the significant privacy interests in all the data modern digital devices contain—call logs, emails, text messages, voicemails, browsing history, calendar entries, contact lists, shopping lists, personal notes, photos and videos, geolocation logs, and other personal files.
Both courts also raised special concerns about the government accessing cloud content via digital devices. The Ninth Circuit in Cotterman stated:. Therefore, to the extent that border searches of digital devices access cloud data, the privacy interests are even more significant. Given these interests, the border search exception should not apply. Border agents may establish permanent checkpoints on roads that are miles away from the international border, where agents may stop motorists for brief questioning, even in the absence of any individualized suspicion.
When border agents scrutinize the massive volume of sensitive information in our digital devices, they infringe on our First Amendment rights in at least four distinct ways. First, border searches of digital devices may intrude on the First Amendment right to speak anonymously. This includes the right to use a pseudonymous social media handle.
Second, border searches of digital devices may disclose private membership in expressive associations, like being part of a political group or social club. The First Amendment protects the right to join together with other people to advance a shared message. Third, border searches of digital devices may reveal the private decisions that travelers make to acquire expressive materials, such as books and movies.
The First Amendment protects the right to receive information, 44 and to do so without telling the government what we are reading and watching. Fourth, border searches of digital devices may disclose confidential journalistic sources and work product. This burdens the First Amendment right to freedom of the press, specifically the ability to maintain the integrity and independence of the newsgathering process. To protect these First Amendment interests, border agents should be required to get a warrant supported by probable cause before searching digital devices. Indeed, when police officers demand records from booksellers, for example, about the purchases of individual customers, courts have held that an ordinary probable cause warrant is not enough.
Instead, the First Amendment requires police to additionally show a compelling need, the exhaustion of less restrictive investigative methods, and a substantial nexus between the information sought and the investigation. The reason for this protection is simple: government snooping will chill and deter First Amendment activity. Rather than risk border agent examination, many people will refrain from anonymous speech, from private membership in political groups, or from downloading certain reading material. This is especially true for people who belong to unpopular groups, who espouse unpopular opinions, or who read unpopular books.
Likewise, confidential sources who provide invaluable information to the public about government or corporate malfeasance may refrain from whistleblowing if they fear journalists cannot protect their identities during border crossings. Unfortunately some courts have rejected First Amendment challenges to border searches of digital devices. Only a judge, and not a border agent, can decide whether the Fifth Amendment protects this information. Second, when the data on a device is encrypted, the process of decryption is also testimonial, because it comprises the translation of otherwise unintelligible evidence into a form that investigators can understand.
However, many courts have instead adopted a lesser, but still strong, test. Sadly, other courts have adopted a weak test, under which the government need only show that the suspect knows the password. Properly construed, the Fifth Amendment should offer the same protections when people use fingerprints or other biometrics to secure their devices.
Unfortunately, some courts though not all have held that fingerprints, unlike passwords, are not part of the contents of our minds, and thus fall outside Fifth Amendment protection. Thus, fingerprints are less secure—both legally and technically—than passwords. You should consider using a password and not a fingerprint to lock or encrypt your digital devices. Border agents may not decide whether to search or seize a traveler's digital devices, based on the traveler's religion, ethnicity, or similar characteristics.
The Equal Protection Clause of the Fourteenth Amendment prohibits the government from discriminating on the basis of factors such as race, religion, national origin, gender, and sexual orientation. The constitutional protections described above can be waived. For example, the Fourth Amendment allows law enforcement officials to search people or their property if those people voluntarily consent to the search. However, courts may rule otherwise. It is possible that if you unlock your device, and agents then search your device, a court will rule that you consented to the search.
It will depend upon the totality of the unique circumstances surrounding your particular border crossing. EFF believes the U. However, U. Foreign visitors have the fewest rights. For example, if a border agent refuses to allow them to enter the country, some may have no constitutional right to procedural due process notice and a hearing to challenge the exclusion.
Lawful permanent residents LPRs or green card holders enjoy more constitutional protection. For example, if LPRs are denied re-entry, they may have a constitutional right to procedural due process under the Fifth Amendment, depending on such factors as the duration of their trip. Constitutional protections do apply if the U. Foreign citizens should consult with a lawyer before they travel if they have questions about their legal rights at the U.
Also, to make it easier to communicate with a lawyer during a potential border detention, foreign citizens should complete a Form G before they travel. The U. Department of Homeland Security DHS is responsible for securing the nation from threats, including border security. CBP manages and controls the U. On a typical day, it screens nearly one million visitors at the U.
ICE investigates and enforces federal laws governing border control, customs, trade, and immigration. However, when CBP officers seize an electronic device at the border, they sometimes turn it over to ICE for further investigation. The CBP policy empowers border agents to search devices, and authorized third parties to assist them, citing 19 U. Most importantly, a statute cannot strip travelers of their constitutional liberties. In , ICE issued a similar policy. In December , the federal government took a big step in this direction.
The VWP enables citizens of dozens of participating countries to visit the U. EFF and many other digital liberty organizations objected to this new policy.
We also warned that this new policy is a major step towards mandatory disclosure not just voluntary of all private and public social media content not just public from all travelers not just foreign citizens from VWP countries. Our fears came true faster than we expected. This primer on digital security technology provides a deeper dive into encryption and passwords, secure deletion, and cloud storage.
Please note that while we discuss some specific services here, EFF does not endorse any particular technology or vendor. Encryption technologies can make stored information unintelligible to anyone who does not know the password. Encryption is especially valuable for portable devices because it reduces the chances of someone else getting access to your data without your knowledge if your device is seized, lost, or stolen.
Having to enter a password to use your device is not necessarily the same as having encryption. Many devices offer screen locks, for example, but nothing more.
If you have a screen lock without encryption, an expert can bypass it in various ways and get access to your information without knowing the password. We encourage you to ensure that your screen lock is set to the most protective setting available on each device. For example, protective options on phones, laptops, or tablets might include: locking automatically after a period of inactivity, locking the screen at start-up or requiring you to log in, always requiring a password to unlock, not allowing unlock with a fingerprint, and limiting the rate or number of attempted password guesses.
Having a screen-lock or user account password is a security benefit, and is much better than nothing if your device absolutely does not support encryption. But without encryption, experts will ultimately be able to bypass the password without your help. The encryption technologies that are available to you will depend on your device and operating system. If it is available, the safest and easiest way to encrypt is to use built-in full-disk full-device encryption, as opposed to encrypting individual files or virtual folders on a device.
If that is true for your devices, you may still want to upgrade the strength of your password to maximize the security benefits. Android : some devices since Android 4. If you do not want Microsoft to be able to decrypt your Windows device, you can opt out of this feature.
Linux : a built-in disk encryption system, called dm-crypt, has been in most distributions since the mids. Activating encryption for the first time on your device can take a considerable amount of time because all of your data must be rewritten in encrypted form. It may take over an hour on some devices, so you may want to just let the process run overnight, with the device plugged in to AC power.
On most systems, if encryption is not already enabled, you can do it yourself. You will be prompted to provide an encryption password. It may be different from the password you ordinarily use to log in or unlock the screen, and is sometimes only required when you power on the device. These details vary significantly from device to device.
On some devices, such as iOS devices, your encryption password is always the same as your regular unlock password, and it is used both to unlock the screen and to decrypt the storage media. Strong passwords are critical for encryption. With some devices that do not use special hardware to limit password guesses, someone trying to crack your encryption can use a separate computer to try trillions of guesses very quickly. Such attacks can crack a word or phrase that appears in a dictionary, or that could be predicted by some kind of rule like changing certain letters into digits or punctuation marks , or any password shorter than about a dozen characters.
There are many ways to create long, unpredictable, yet memorable passwords. One approach is to choose a phrase made of several random words, which can be selected by a computer or by rolling dice. You may then be able to make up a mental story or mnemonic about these words to help you remember them. There are other methods of making long, memorable passphrases, often based on sentences that you make up and then modify in some way. You should not use a phrase that has been published anywhere, such as a sentence in a book or song lyric. Computers can easily guess such phrases.
This could allow a shorter, simpler password to be secure in practice because an attacker can no longer try huge numbers of passwords quickly. However, we do not suggest relying on this because it can be hard to know what protections you get from the hardware and when. A risk of encrypting your device is that nobody including the device maker! This is worth repeating because it is a very significant risk: Forgetting your encryption password will permanently lock you out of the data on your device, and a technology specialist or manufacturer cannot bypass this.
This risk of losing access to your data makes it especially important to make regular backups. As we mentioned in Part 1 , you should turn off your device before arriving at the border or any other risky situation. For a laptop, that means shut down, not just suspend or hibernate by closing the lid! This protects against several sophisticated attacks that could potentially extract the secret key or bypass the screen lock on a powered-on device. Many travelers may choose to delete things on their devices that they do not want others to see, or sensitive information that they know they will not need during their trips.
This section discusses the possibility that data may not be permanently deleted, and some options for more thoroughly wiping devices. As noted in Part 1 , there is a difference between what a border agent can glean from a casual inspection of your device by tapping around or using the keyboard and mouse and what can be determined by some forms of forensic examination. CBP and other law enforcement agencies have access to sophisticated forensic tools and experts. That means a forensic examination can, among other things, commonly recover deleted files and data and reconstruct information about how you have used your device in the past, even if that information is not apparent at all from a casual inspection.
For example, forensic examinations routinely find deleted e-mails, files, and text messages, and also reveal the earlier presence and use of applications that have been uninstalled. Many mobile devices also store information about how and when they were used. For example, mobile apps on a phone may have historic GPS information showing where you were at certain times in the past.
A laptop or phone may have logs about when it was powered on, or the names of the wi-fi networks it has connected to. Sometimes, some kinds of activity log information are hidden from the user by default but can still be extracted and analyzed by a forensic expert. There are tools that try to expunge information from storage media in ways that cannot be recovered by forensics.
Most devices do not come with these tools. Their effectiveness varies widely, and it will usually be clear to a forensic examiner that they were used. Factory resetting your device may sometimes also fall in this category if appropriate encryption was used. Note that border agents may notice, and regard as suspicious, a wipe or factory reset of your device, since most travelers do not routinely carry blank devices.
Crossing the border with a blank device can be especially risky for non-citizens. Note also that truly secure deletion is irreversible and may be technically challenging for some travelers. Consider carefully whether you are comfortable deleting the information on your device. If possible, make sure you have made a backup copy of any important data before deletion, and leave that copy in a secure location. Some secure deletion tools delete individual files, overwriting their contents so that they cannot be recovered. There are several things that can go wrong here: the most important is that references to the deleted files and their names may still exist, and so may temporary copies that software previously made while working with the files.
It is safer, if possible, to delete an entire storage medium, although this may make a device unusable. Secure deletion is easiest on laptops, and hardest on phones and tablets. It may be relatively achievable for digital cameras by taking out the memory card and wiping it in a laptop. When used on an encrypted device, they may succeed in removing substantially all of the information from the device, although border agents could regard this as suspicious.
If you want to know for sure what information a factory reset will remove, you should consult the device manufacturer. Many devices have a removable memory card, like an SD card, which is used to store photos and other information. Factory reset often does not erase the removable memory card, so you should remove and wipe it separately, or swap it out for a new, blank memory card. If your device offers an account-based cloud sync feature—such as iCloud—you may be able to sync your device before crossing the border, then factory reset it, then re-associate the device with your account and re-sync it after crossing the border.
Make sure that the sync includes all of the data that you care about so that you do not lose anything important. However, keep in mind that re-syncing the device may take a long time and require downloading a lot of data, and thus require a reliable broadband Internet connection.
A laptop can wipe its own hard drive, or removable storage media like USB drives or SD cards, by overwriting their contents. Formatting tools let you choose between a quick format and a secure overwriting format. You should already have built-in tools that can already perform a low-level format or wipe a hard drive, or you may download third-party tools to do this.
You should refer to the instructions for your operating system for securely wiping the hard drive. After wiping a hard drive, you may need to reinstall the operating system before you can use the device again. Again, this technique can be especially risky for non-citizens since it is highly unusual for travelers to carry blank devices with them. For reasons noted above, trying to delete individual files, even using special secure deletion tools, may not produce the results you expect.
Fragments of the files, or references to them, may still be present elsewhere on your system. Nonetheless, if you want to attempt this, we have described tools for this purpose in articles at:. References to those files may still exist elsewhere on your computer, and it will be clear to a forensic examiner that you chose to clear the free space.
Some kinds of storage media based on flash memory technology have special issues related to forensics and data recovery. If you are concerned about it, consider overwriting flash memory devices multiple times, not carrying them across the border, or consulting an expert on storage technology or computer forensics. Full-disk or full-device encryption can make secure deletion easier and more effective because wiping the only copy of the decryption keys should make the rest of the information on the device unreadable as a whole. This appears to be part of the functionality of a factory reset on iOS devices or a power wash on Chromebooks, which in turn means these devices can more easily and effectively be purged of their contents than other devices.
Whether or not a device has been wiped, full-device encryption can hinder or entirely prevent forensic analysis of its contents, if it is used correctly in accordance with other precautions, powering the device off, using a long and hard-to-guess passphrase, and not storing a copy of the passphrase somewhere where the examiner can later get a hold of it.
We are often reluctant to suggest storing data with online cloud services, because U. But in the border search context, the situation may be temporarily reversed: information that you have stored online may be more protected than information on a device you are carrying with you—because you are not carrying it across the border. There are also many third-party options.
- The Global History of Paleopathology: Pioneers and Prospects.
- White Terror (Spain).
Wikipedia offers comparisons of these services based on many factors:. Cloud storage is useful as a means to back up your data to prevent against data loss in case your device is seized, lost, or stolen. It can also be useful as part of a strategy for shifting data online so that it is not present on your computer while you are crossing the border.
It may also be feasible to store data online-only rather than keeping it on your computer at all. This is a default behavior for many purposes on Chromebooks, which is why many use them for travel. If you move data that was originally stored on your device to a cloud service, and attempt to delete that data from your device, you may not effectively delete it from your device. If your device is seized and subject to some forms of forensic examination, it may reveal some of the information that was previously stored. In the border search context you may—unusually—have stronger legal protections for data that is stored elsewhere, so it may be especially appealing to store some data online instead of on your device.
Most cloud services encrypt the data traveling between your computer and theirs, but then store it unencrypted, so they can read it and know what you are storing. A minority of cloud storage services, such as SpiderOak, offer client-side encryption where data is encrypted on your device before you upload it, so that the service cannot read the contents of your data.
This is a great way to mitigate the risk that the storage provider will disclose your data to someone else.
As with other applications of encryption, if you forget your password, the data will be permanently lost and no one can recover it. The Wikipedia comparison charts above indicate whether or not data stored with each provider can be encrypted client-side before uploading. If you do not want to entrust your data to others in order to get the benefits of cloud storage, you can also host your own cloud storage with a server in a colocation facility, for example, using self-hosted cloud storage tools. As of this writing, one popular solution for this purpose is OwnCloud.
Some network-attached storage NAS appliances let you set up a password-protected web interface to upload, download, or synchronize files and folders over the Internet. If you have a fast, reliable broadband Internet connection at home and your Internet service provider does not block it, you could then have your own Internet-accessible storage facility served from your own home. Some ISPs forbid home servers in their terms of service, so you may want to check to be sure.
We strongly recommend using HTTPS encryption with either of these approaches to ensure network operators or other people on a wi-fi network cannot intercept your files and passwords. Although a service that you host yourself offers a high degree of control and legal protection, it may be much more vulnerable to hacking compared to commercial cloud services because you will not benefit from a professional security team testing, monitoring, and upgrading it.
Travelers with special needs or resources may be able to work out other approaches that reduce what they carry over the border. For personal travel, you may be able to physically remove the hard drive from your laptop before your trip, and purchase a separate laptop hard drive for travel purposes onto which you install a fresh operating system.
Then you can swap hard drives before and after your trip and pick up where you left off when you get back home. We have fewer rights at the U. Still, we can all take action before, during, and after our border crossings to protect our digital privacy.
If border agents violated your digital privacy, please contact EFF. If you would like to help fight for stronger digital privacy protections at the U. Together, we can build a future where new technology strengthens our privacy and other constitutional rights, and does not diminish it.
Join EFF Lists. Electronic Frontier Foundation. By Adam Schwartz. Estas acciones incluyen: Antes de su viaje. En la frontera de los Estados Unidos. Sin embargo, si un visitante extranjero declina, un agente puede negarle la entrada. Si un residente permanente legal declina, los agentes pueden plantearse preguntas complicadas acerca de su permanencia como residente en la futura.
En particular, abordamos: Sus derechos en la frontera. Historial policial. Si no, consulte con la persona que lo hace como su empleador. Este puede ser un buen enfoque, pero ofrecemos tres precauciones. They adopted a supposedly system-defiant attitude which in reality is a self-destructive attitude, perhaps as a way to cope with the sentiment of being outsiders. They perceive that they can handle the weaknesses of men and believe they have control over any situation.
They see their duty as one of satisfying men while keeping control over them. What else can I do? Be with him, and tomorrow … who cares? Zoraida, 21 I say: this is my guy, and I get him. If the guy pays attention to her, she sleeps with him. She likes him because of his tennis shoes. Next day [though] another one comes, and she goes to bed with him. Discourses on sex centre on having penetrative sex, illustrating a sexual culture based not on comprehensive and voluntary sex, but on focused and instinctual pleasure.
Men can be very weak sometimes. They do not act with moderation, they let themselves be overcome by desire and they do it anywhere. Omar, 23 This emphasis focused on pleasure and on penetration as forms of domination determines a pursuit of satisfaction less often directed to regular partners than to casual ones, including women and feminized homosexual men.
Queers do better things than women. Luis, 20 These men, as compared to women, function as an object of relief. This involves the exercise of power over someone who is weaker, a quasi-woman, with whom one can do things that are not possible with steady partners. Compensated sex is another strategy for survival. They give you everything Drug use is frequent, and is frequently followed by sexual activity. When I am going to be with my girlfriend, I smoke marijuana; in order to go to work I smoke marijuana, in order to be at home before dinner, I smoke marijuana.
So it is a habit. Miguel Angel, 24 I have friends who smoke marijuana all the time to feel good. It makes them forget things, laugh, be happy. Miguel, 23 Alcohol use mostly takes place in clubs and bars, or before having compensated sex, which is often related to economic need. Among men, it normally takes place with gay men and transvestites in the barrio. Because, if you are going to be with a homosexual you know he is going to pay you, right?
Sometimes, for the sake of need or money you just stick it [the penis] in. They give the money to their mothers; otherwise, they starve. Luis, 20 Among men, compensated sex can also provide the opportunity to obtain clothes or food: And most guys go for it, since the queers give you money, they dress you, and you stick it in.
Felipe, 21 Among women, compensated sex partners are men who are seen as an option of support for their children after another partner abandons them. Zoraida, 21 [In a relationship] you can fail, but such failure is an experience. Then, after that experience, if I want, I can have another person, an adult, that is, an older man who will help me as much as he can. Marina, 23 In addition to compensated sex, women also experience forced sex.
Since they lack opportunities and skills for negotiation, forced sex and general family violence become a frequent experience. I have to give my consent. Zoraida, 21 Discussion Sexual risks are an important issue to study when assessing consequences of social exclusion Toro Alfonso In socially excluded populations, early expressions of sexuality are frequently associated with sexual risks such as sexually transmitted infections and unplanned pregnancies in young people.
The findings here suggest that this group of young men and women in Chiclayo are excluded from the opportunity of being insiders, of being citizens i. Consequently, it is not surprising that, contrary to the behavioural prescriptions of many prevention programmes, these excluded young people continue to adopt behaviours that expose themselves to risk. The study participants come from homes characterized by functional illiteracy, poverty, marginalization, lack of basic services, and unemployment. Understanding the structural causes of this social exclusion is critical to the development of effective enabling strategies which can increase the availability of opportunities for these youth.
To remedy this, prevention programmes, although unable to resolve the structural dimensions of social exclusion, should include: 1 collective aspects, such as capacity development and active participation in the betterment of the health conditions in these communities, leading to the reconstruction of their social tissue through community participation and 2 individual aspects, such as teaching skills that reinforce self-esteem and increase opportunities of personal development. In this way, the options of integration towards the exercise of citizenship and rights are increased.
These capacities will reinforce values and provide skills, knowledge and abilities, in their own language words and themes from their daily life. Despite this key structural perspective, intervention approaches should not, in the end, loose practical focus on prevention. When incorporating elements of prevention models with demonstrated effectiveness, they should always tailor them to the specificities of the target population class, gender, sexuality, ethnicity. This type of prevention work should have a basis in empowerment for the self-transformation of their daily life. Therefore, we propose the fundamental role of communication, understood as caring dialogue and cognitive exchange, in guaranteeing gradual learning processes and comprehension of distinct risk situations.
This intervention concept consists of working with these groups with the best understanding of their health risks and the development of skills to reduce them through effective prevention practices. We are currently evaluating a prevention intervention guided by this approach. In conclusion, the complexity of roots of social vulnerability and associated risks among young people implies that potential solutions establish a connection between the realms of economic, educational, and health-related public policies, and incorporate the local policy level i.
The development of agency and critical reflection regarding individual actions should be a fundamental aspect of prevention work. Notes 1. By virtue of such capital, they are able to dominate their respective fields. This is a randomized community intervention trial, testing an intervention based on the Theory of Diffusion of Innovations Rogers In the intervention, community opinion leaders or leaders of community social networks agree to be trained to promote change in the social norms influencing the sexual behaviour of individuals and groups with the goal of reducing transmission rates of STIs and HIV among young people.
Many areas of Chiclayo were visited and evaluated in order to develop a geographic map of the neighborhoods. Additionally, secondary documents were reviewed, including: socio-demographic, epidemiological, anthropological and similar studies, for each of the chosen areas. After this pre-ethnographic work and a detailed evaluation, five communities were selected for in-depth ethnographic work.
Survival is here defined not only in economic terms, but also with regard to the lack of caring and support. Compensated sex is characterized by sex in exchange for clothes, money, or alcohol depending on the environment. There are no statistics regarding social exclusion because this is still a theoretical concept. Poor people are socially excluded, but social exclusion is also related to disadvantaged positions with regard to ethnicity, age, gender and sexuality.
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References Bandura, A. Bandura, A. Evaluation and Program Planning, 13, 9— Diclemente and J. Peterson eds. Becker, M. Health Education Monographs, 2, — Bourdieu, P. Castel, R. Castells, M. Volumen 3. La Rosa Huertas, S. Venturo Shultz, C. Cabezudo Moreno and D. Denzin, N ed. Douglas, M. Vulnerability and sexual risks Erikson, E. Feixas, C. Moser, C. Volume 1. Confronting crisis in Cisne Dos, Guayaquil, Ecuador. Restrepo, H. Richards, P. Rogers, R. Cacioppo and D.
Shapiro eds. Salovey, P. Suls and K. Wallston eds. Social psychological foundations of health and illness Oxford: Blackwell. Santos, A. Sweat, M.
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Waldo, C. AIDS, 14 Suppl. Related Papers. Vulnerability and sexual risks: Vagos and vaguitas in a low income town in Per. By Ximena Salazar. Salazar vulnerability and sexual risks. By Carlos F. Download pdf. Remember me on this computer.