Hong Kong border agents and police can demand device passwords, including from US citizens, under penalty of imprisonment — border controls become more invasive worldwide
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In this era of digitization, each device a person carries inevitably contains or can grant access to a substantial amount of personal information. This makes them prime targets for border authorities worldwide, who have been squeezing their controls ever tighter and demanding access to travelers' wares.
According to a BBC report, Hong Kong has now joined the trend, forcing anyone questioned by police to surrender their device passwords, under penalty of imprisonment and fines of up to HK$100,000, or around $12,700. All nationalities are covered by the updated law, which draws much of its framework from mainland China.
Techies may be considering one of many ways to encrypt data in funny schemes or adding a second password to apps. Still, even then, the updated law clearly states that device owners must assist with decryption. Even people just transiting through Hong Kong can be subject to device searches, and Reuters further adds that the law revision grants Hong Kong customs officers the power to seize any item deemed to have "seditious intent."
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In addition, anyone offering "false or misleading information" can get three years of enjoying sunsets through bars. That definition is quite broad, so it's not unthinkable that it could cover situations like granting access to a device that has a second encrypted volume containing private data. Likewise, simply possessing an encrypted device makes the person liable for it, even if the device belongs to someone else. Furthermore, the legal obligations extend to anyone authorized to access the equipment or who has knowledge thereof.
The situation is quite unfortunate for prospective travelers, especially those with business intentions, but it's hardly unique worldwide. Contemporary revisions to U.S. Border law essentially state that non-residents can be detained and their devices seized for a large number of reasons, with those who refuse to unlock their devices being denied entry.
The situation in Australia is also similar, with a device-unlocking requirement and the threat of detention and seizure. In the U.K., border officers can request that devices be unlocked, and a refusal can result in the device being seized for forensic inspection.
