Apple employee assailed by U.S. Customs, ACLU complaint claims
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.
Andreas Gal co-founded AI startup Silk Labs, which was acquired by Apple in 2018.
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."
Gal came to Apple through the acquisition of Silk Labs, a startup focused on the development of on-device artificial intelligence technology. Previously Mozilla's chief technology officer, Gal teamed up with fellow Mozilla platform engineer Chris Jones and Qualcomm alum Michael Vines to form Silk Labs in 2015.
Andreas Gal co-founded AI startup Silk Labs, which was acquired by Apple in 2018.
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."
Gal came to Apple through the acquisition of Silk Labs, a startup focused on the development of on-device artificial intelligence technology. Previously Mozilla's chief technology officer, Gal teamed up with fellow Mozilla platform engineer Chris Jones and Qualcomm alum Michael Vines to form Silk Labs in 2015.
Comments
Also, just because its law enforcement, doesn't give them the right to just search someone's property for very little to no reason. They're not above the law...they're there to enforce the law using legal means (proper policies and procedures).
The request might also be unlawful, the fact that CBP resorted to threats after he requested to speak to a lawyer suggested it was.
I’m hearing frequently that business people are refusing to come to the US on business lately. This is a US citizen being harassed, so their concerns are valid. The people that do come wipe everything before going through the boarder. CBP has also been requesting/demanding social media passwords... it’s getting close to 1984 out there.
The request might also be unlawful, the fact that CBP resorted to threats after he requested to speak to a lawyer suggested it was.
I’m hearing frequently that business people are refusing to come to the US on business lately. This is a US citizen being harassed, so their concerns are valid. The people that do come wipe everything before going through the boarder. CBP has also been requesting/demanding social media passwords... it’s getting close to 1984 out there.
The request might also be unlawful, the fact that CBP resorted to threats after he requested to speak to a lawyer suggested it was.
I’m hearing frequently that business people are refusing to come to the US on business lately. This is a US citizen being harassed, so their concerns are valid. The people that do come wipe everything before going through the boarder. CBP has also been requesting/demanding social media passwords... it’s getting close to 1984 out there.
And sooo many bureaucratic little Eichmanns in the CBP.
Now that’s just a horrible situation.
“Seem” to have little legal recourse is just how they like it. Determining what is bluff and bluster and what is the actual law? Obscure as hell. And if your name (even if it’s not actually you) is on one of their little lists? Having a lot of spare time built into your travel schedule would be prudent.
No one has any problem with them searching for drugs or weapons at the border.
How would you like going to China and having all your phone and laptop contents copied and reviewed? Do you have any “personal” photos or videos on there? If it’s a business visit, I hope you don’t have anything confidential...
What happens if you work for a company that has defense contracts? It doesn’t matter if it’s a family vacation, sometimes you need access to your work if something comes up.
People have all kinds of things that should be private unless a crime has been suspected of being committed, and that data should be going (requested) through the courts.
Its possible he was just on his way from one domestic location to another and got caught in a checkpoint. If that is the case, are we still ok with having to have all your devices wiped before setting out?
It really is simple. Entering any country in the world, you might have your devices checked. Having said that, I get where you are coming from. Downloading someones data from their phone or laptop goes too far in my opinion. If you are a citizen returning from overseas, CBP should require a warrant in order to copy your data. Foreigners, that's a different story. The huge problem is until the Supreme Court makes a ruling, CBP will continue to have broad powers. I know lower federal courts have issued rulings, but they've been all over the place.
I've been to China many times. I always carry a burner phone with nothing personal on it when I have visited there.
https://en.wikipedia.org/wiki/Border_search_exception
If they feel they have a case, then go sue.