According to the ACLU’s “Know Your Rights” Web page, it is illegal for law enforcement officers to perform searches and detentions based solely on a person’s religion, race or political beliefs. But officers at airports and the border generally have wide latitude to quiz people about their citizenship and itinerary and search their belongings. Law enforcement officers can’t deny citizens entry to the U.S. for refusing to provide the passwords to their devices, but declining to do so can lead to extended questioning and the seizure of the devices.<doc-sep>An Apple employee accused Customs and Border Protection (CBP) agents of detaining him upon arriving at San Francisco International Airport after he refused to unlock his employer-owned laptop and phone. Andreas Gal said in a Medium post published on Tuesday that after arriving in December from a business trip to Europe, he was interrogated by three armed agents with bulletproof vests who asked “detailed questions” about his previous work with Mozilla and demanded he unlock his laptop and phone. Gal, whose account was profiled in a story by The Washington Post on Wednesday, said he refused to do so because the gadgets were the property of Apple and contained proprietary information. ADVERTISEMENT Gal added he requested to speak to a lawyer or to his employer. “This request seemed to aggravate the customs officers,” Gal wrote in the Medium post. “They informed me that I had no right to speak to an attorney at the border despite being a U.S. citizen, and threatened me that failure to immediately comply with their demand is a violation of federal criminal code 18 USC 111.” Gal wrote that after he declined to answer any further questions and continued to request to speak to an attorney, he was eventually allowed to leave with his devices. But he added the CBP agents kept his Global Entry Card, which gave him fast-track travel privileges, as "a punishment for not complying with their demands." Gal said that he has filed "a civil rights complaint with the help of the ACLU against CBP for unlawfully detaining me and violating my constitutional rights." The filing from the American Civil Liberties Union (ACLU) of Northern California identifies Gal as an employee of Apple. A CBP official told The Hill that while the agency does not comment on pending litigation, "all travelers arriving to the U.S. are subject to CBP inspection." "This inspection may include electronic devices such as computers, disks, drives, tapes, mobile phones and other communication devices, cameras, music and other media players and any other electronic or digital devices," the official said. Apple did not immediately reply to a request for comment from The Hill. The ACLU filing calls for an investigation into whether CBP’s actions violated Gal's First and Fourth amendment rights as well as a broader review of the agency’s border search policies.<doc-sep>(CNN Business) — The American Civil Liberties Union Foundation of Northern California has filed a civil complaint on behalf of an Apple employee who was detained by US Customs and Border Protection. Andreas Gal, who wrote a Medium post about his experience, was detained at San Francisco International Airport on November 29, according to the complaint. The US citizen was returning from a business trip to Europe when he says he was interrogated and asked to unlock his employer-issued smartphone and laptop for inspection. Gal, concerned about violating non-disclosure agreements he’d signed with Apple, asked to consult with either his employer or an attorney. The complaint says that at that point the CBP officers “retaliated” by telling Gal he was “committing a federal crime” and revoking his Global Entry status. Global Entry is a program offered by CBP that pre-approves low-risk travelers and gives them expedited clearance to enter the United States. Members of the paid service enter the United States using automatic kiosks at select airports. (Gal used the kiosk initially but was directed to speak with a customs officer.) Gal told CNN Business that they did not gain entry to his devices. The complaint, filed with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties, asks for an investigation into whether CBP’s interrogation and search violated Gal’s First and Fourth Amendment rights. It also wants a review of CBP’s policies to see if they violate the US Constitution and laws. The Department of Homeland Security, which oversees CBP, declined to comment on pending litigation. In an email to CNN Business on Wednesday, a CBP spokesperson said the agency could “not comment on the reasons for individual searches at the border.” However, the spokesperson noted that all travelers arriving to the US, both citizens and visitors, are subject to CBP inspection, which can include inspection of electronic devices. Gal told CNN Business that he reached out to the ACLU after the incident because he was unsure of his rights and wanted clarity about what was legal. “When I was denied the right to an attorney, I was wondering, ‘Do they have the right to do this? To accuse me of a crime and deny me of an attorney?’” he said. “I’ve left the US probably a hundred times for work. I have no idea what caused me to be pulled over. I have traveled all my life and have never been asked more than, ‘What’s your name?’ ‘Where are you coming from?’” Gal said the only thing he’s changed recently is become more publicly outspoken against the Trump administration. Gal said he was also repeatedly asked about the work he did as chief technology officer for his previous employer, Mozilla, a company committed to open technology and online privacy. Apple and Mozilla did not immediately respond to a request for comment. A statement put out by the ACLU of Northern California describes Gal as an “outspoken proponent of online privacy, an opponent of warrantless mass surveillance, and a strong opponent of the current administration’s policies.” William Freeman, senior counsel at the ACLU of Northern California, said in a statement that “CBP’s policies lack protections for First Amendment rights by allowing interrogation and device searches that may be based on a traveler’s political beliefs, activism, nation of origin, or identity.” The amount of information contained on electronic devices is another area of concern. Jacob Snow, a staff attorney at the ACLU of Northern California, said “border patrol agents should not be able to access this data without a search warrant.” Gal said the incident was “very intimidating” and that he was questioned by three customs officials, who were wearing bulletproof vests and were armed. “I want to know if I was targeted for my political viewpoints,” he said. “I’m not a fearful person, but it’s quite terrifying to go across the border now.” Gal said he now has lawyers on call when he reenters the country and checks in with someone when going through customs. “I’m a super boring, middle-aged, middle class, white tech executive,” he said. “One of the reasons to do this publicly is to show that anyone can be subject to this.”<doc-sep>Apple employee Andreas Gal, former executive of Apple acquisition Silk Labs, was allegedly harangued and penalized by U.S. Customs and Border Protection officials when he demurred to device search requests. Gal's run-in with CBP was detailed in an American Civil Liberties Union of Northern California complaint filed on Tuesday, reports Fast Company. According to the filing, Gal was stopped at an unnamed checkpoint and questioned about his work and advocacy for online privacy. Whether officials followed the line of questioning before or after it was established that Gal was an Apple employee is unknown. It is also unclear where Gal was traveling to or from when he was stopped by CBP officers. Officials subsequently requested passwords to access Gal's Apple-issued phone and computer, presumably an iPhone and Mac. As the hardware, and contents therein, are covered by a nondisclosure agreement, Gal asked if he could speak with Apple or a lawyer prior to handing over the information. The request was declined and Gal was threatened with prosecution, the report said. CBP allowed Gal to pass, but confiscated his Global Entry card and said he would be removed from the expedited screening program. "CBP's baseless detention and intrusive interrogation of Andreas Gal and the attempted search of his devices violated his Fourth Amendment rights," said William Freeman, ACLU of Northern California senior counsel, in a statement. "Furthermore, CBP's policies lack protections for First Amendment rights by allowing interrogation and device searches that may be based on a traveler's political beliefs, activism, nation of origin, or identity."<doc-sep>
An Apple employee was allegedly illegally harassed by U.S. Customs and Border Protection (CBP) while passing through Customs. Andreas Gal, founder of Silk Labs, an AI startup acquired by Apple, says he was asked for the passwords to his Apple-issued phone and computer. When he asked to speak with a lawyer, due to the contents being covered by a nondisclosure agreement, CBP officials reportedly refused. Instead, Gal was threatened with prosecution. A complaint about the incident was filed by the American Civil Liberties Union (ACLU) of Northern California. It notes that: “Critically, Dr. Gal never refused to provide the passcodes to access the electronic devices in his possession; he only asked that he be allowed to consult with an attorney to ensure that he would not violate nondisclosure agreements with his employer. In the interactions with CBP officers, Dr. Gal repeated many times that he would comply with any legal requirement, but that he needed to consult with an attorney to understand his rights before he could do so.” ACLU takes issue with Gal’s ‘baseless detention’ Gal was released without charge and in possession of his Apple-issued devices. However, he had his Global Entry card confiscated. He was also told that he would be removed from the expedited screening program. This allows previously vetted fliers to use special lanes at the checkpoint in airports. In doing so, it can greatly speed up their ability to get through security. The ACLU says that the “baseless detention” of Gal and attempted search of his devices violated his Fourth Amendment rights. It additionally argues that CBP’s policies lack protections for First Amendment rights by allowing interrogation and device searches based on factors such as a traveler’s nation of origin or political beliefs. Before starting Silk Labs, Andreas Gal was the Chief Technology Officer at Mozilla. Source: Fast Company