Crossing US border with music files I'm legally allowed to possess





.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty{
margin-bottom:0;
}








24















Apart from directly buying digital music files, there are a few ways in which you could possess such files legally (at least in my country):




  1. Creating them from CDs you legally own, to make listening on the go more convenient. I believe this is legal in the U.S.

  2. Receiving them from a close acquaintance, who have a legal right to possess those files. This is legal in my country, but I'm not so sure it is in the U.S.


While at least the first category (as far as I know) is legal in the U.S. as well, there really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not.



If I, a foreign national from a visa waiver program country, were to arrive from overseas at a U.S. airport while carrying a phone, laptop or other storage device containing files in either of these two categories, how likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?










share|improve this question






















  • 41





    I would think the chances they would even investigate that are close to 0.

    – jcaron
    May 25 at 11:23






  • 9





    Have you done any internet search on this? As almost everybody has some music on their phone and/or laptop, if the CBP is confiscating their devices in high percentages it would show up online.

    – Willeke
    May 25 at 11:23






  • 8





    US CBP is really only interested in counterfeit goods intended for sale (e.g. fake DVDs etc.). Those get shipped in containers, as your luggage just won't hold 100,000 DVDs...

    – Michael Hampton
    May 25 at 16:58








  • 10





    @Mazura Read down to the bottom of that article. While what you state is normally true for the United States, border searches are a notable exception to the requirement for probable cause.

    – reirab
    May 25 at 20:18






  • 7





    @Mazura Wrong. There has been no Supreme Court case over the search of electronic materials when subject to the border search exception. Case law is currently split on that topic.

    – user71659
    May 25 at 20:18




















24















Apart from directly buying digital music files, there are a few ways in which you could possess such files legally (at least in my country):




  1. Creating them from CDs you legally own, to make listening on the go more convenient. I believe this is legal in the U.S.

  2. Receiving them from a close acquaintance, who have a legal right to possess those files. This is legal in my country, but I'm not so sure it is in the U.S.


While at least the first category (as far as I know) is legal in the U.S. as well, there really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not.



If I, a foreign national from a visa waiver program country, were to arrive from overseas at a U.S. airport while carrying a phone, laptop or other storage device containing files in either of these two categories, how likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?










share|improve this question






















  • 41





    I would think the chances they would even investigate that are close to 0.

    – jcaron
    May 25 at 11:23






  • 9





    Have you done any internet search on this? As almost everybody has some music on their phone and/or laptop, if the CBP is confiscating their devices in high percentages it would show up online.

    – Willeke
    May 25 at 11:23






  • 8





    US CBP is really only interested in counterfeit goods intended for sale (e.g. fake DVDs etc.). Those get shipped in containers, as your luggage just won't hold 100,000 DVDs...

    – Michael Hampton
    May 25 at 16:58








  • 10





    @Mazura Read down to the bottom of that article. While what you state is normally true for the United States, border searches are a notable exception to the requirement for probable cause.

    – reirab
    May 25 at 20:18






  • 7





    @Mazura Wrong. There has been no Supreme Court case over the search of electronic materials when subject to the border search exception. Case law is currently split on that topic.

    – user71659
    May 25 at 20:18
















24












24








24








Apart from directly buying digital music files, there are a few ways in which you could possess such files legally (at least in my country):




  1. Creating them from CDs you legally own, to make listening on the go more convenient. I believe this is legal in the U.S.

  2. Receiving them from a close acquaintance, who have a legal right to possess those files. This is legal in my country, but I'm not so sure it is in the U.S.


While at least the first category (as far as I know) is legal in the U.S. as well, there really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not.



If I, a foreign national from a visa waiver program country, were to arrive from overseas at a U.S. airport while carrying a phone, laptop or other storage device containing files in either of these two categories, how likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?










share|improve this question
















Apart from directly buying digital music files, there are a few ways in which you could possess such files legally (at least in my country):




  1. Creating them from CDs you legally own, to make listening on the go more convenient. I believe this is legal in the U.S.

  2. Receiving them from a close acquaintance, who have a legal right to possess those files. This is legal in my country, but I'm not so sure it is in the U.S.


While at least the first category (as far as I know) is legal in the U.S. as well, there really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not.



If I, a foreign national from a visa waiver program country, were to arrive from overseas at a U.S. airport while carrying a phone, laptop or other storage device containing files in either of these two categories, how likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?







usa customs-and-immigration borders






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited May 26 at 11:39







valderman

















asked May 25 at 10:57









valdermanvalderman

2381 silver badge7 bronze badges




2381 silver badge7 bronze badges











  • 41





    I would think the chances they would even investigate that are close to 0.

    – jcaron
    May 25 at 11:23






  • 9





    Have you done any internet search on this? As almost everybody has some music on their phone and/or laptop, if the CBP is confiscating their devices in high percentages it would show up online.

    – Willeke
    May 25 at 11:23






  • 8





    US CBP is really only interested in counterfeit goods intended for sale (e.g. fake DVDs etc.). Those get shipped in containers, as your luggage just won't hold 100,000 DVDs...

    – Michael Hampton
    May 25 at 16:58








  • 10





    @Mazura Read down to the bottom of that article. While what you state is normally true for the United States, border searches are a notable exception to the requirement for probable cause.

    – reirab
    May 25 at 20:18






  • 7





    @Mazura Wrong. There has been no Supreme Court case over the search of electronic materials when subject to the border search exception. Case law is currently split on that topic.

    – user71659
    May 25 at 20:18
















  • 41





    I would think the chances they would even investigate that are close to 0.

    – jcaron
    May 25 at 11:23






  • 9





    Have you done any internet search on this? As almost everybody has some music on their phone and/or laptop, if the CBP is confiscating their devices in high percentages it would show up online.

    – Willeke
    May 25 at 11:23






  • 8





    US CBP is really only interested in counterfeit goods intended for sale (e.g. fake DVDs etc.). Those get shipped in containers, as your luggage just won't hold 100,000 DVDs...

    – Michael Hampton
    May 25 at 16:58








  • 10





    @Mazura Read down to the bottom of that article. While what you state is normally true for the United States, border searches are a notable exception to the requirement for probable cause.

    – reirab
    May 25 at 20:18






  • 7





    @Mazura Wrong. There has been no Supreme Court case over the search of electronic materials when subject to the border search exception. Case law is currently split on that topic.

    – user71659
    May 25 at 20:18










41




41





I would think the chances they would even investigate that are close to 0.

– jcaron
May 25 at 11:23





I would think the chances they would even investigate that are close to 0.

– jcaron
May 25 at 11:23




9




9





Have you done any internet search on this? As almost everybody has some music on their phone and/or laptop, if the CBP is confiscating their devices in high percentages it would show up online.

– Willeke
May 25 at 11:23





Have you done any internet search on this? As almost everybody has some music on their phone and/or laptop, if the CBP is confiscating their devices in high percentages it would show up online.

– Willeke
May 25 at 11:23




8




8





US CBP is really only interested in counterfeit goods intended for sale (e.g. fake DVDs etc.). Those get shipped in containers, as your luggage just won't hold 100,000 DVDs...

– Michael Hampton
May 25 at 16:58







US CBP is really only interested in counterfeit goods intended for sale (e.g. fake DVDs etc.). Those get shipped in containers, as your luggage just won't hold 100,000 DVDs...

– Michael Hampton
May 25 at 16:58






10




10





@Mazura Read down to the bottom of that article. While what you state is normally true for the United States, border searches are a notable exception to the requirement for probable cause.

– reirab
May 25 at 20:18





@Mazura Read down to the bottom of that article. While what you state is normally true for the United States, border searches are a notable exception to the requirement for probable cause.

– reirab
May 25 at 20:18




7




7





@Mazura Wrong. There has been no Supreme Court case over the search of electronic materials when subject to the border search exception. Case law is currently split on that topic.

– user71659
May 25 at 20:18







@Mazura Wrong. There has been no Supreme Court case over the search of electronic materials when subject to the border search exception. Case law is currently split on that topic.

– user71659
May 25 at 20:18












3 Answers
3






active

oldest

votes


















50

















how likely am I to get in trouble (as in, getting held up or detained,
having devices confiscated, etc.) with the CBP?




Extremely unlikely. I have carried music files across borders hundreds of times into dozens of countries (as do millions of other people every day) and I've never seen or heard anything like this. The CBP has no way of knowing whether your underwear has been legally acquired but they don't care about that either. Your music file are no different.



The only potential scenarios which may trigger an interaction is if the music files contain "illegal", "censored" or "morally undesirable" content that is not allowed or questionable in the destination country AND the immigration officer has reason to suspect you are in possession of such content. The US has a very broad definition of "free speech" which is protected by the first amendment, so any content that violates that would have be pretty extreme.






share|improve this answer























  • 1





    "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

    – Nelson
    May 27 at 8:48








  • 2





    @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

    – Konrad Rudolph
    May 27 at 11:50






  • 2





    "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

    – HBruijn
    May 27 at 12:27






  • 2





    @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

    – Janus Bahs Jacquet
    May 27 at 15:46













  • @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

    – Curt J. Sampson
    May 28 at 0:52



















4

















There really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not. ... How likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?




There is no customs duty on electronic files. Furthermore, there is an important principle in modern law called presumption of innocence. Because of this, they cannot treat the mere possession of the files as evidence that you have committed a crime any more than they could with anything else in your possession, as implied in the other answer.



To charge you with a crime in connection with those files, they have to have a credible chance of showing in court that you committed such a crime. They cannot just ask you to show that you didn't do so.






share|improve this answer





















  • 4





    IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

    – user82529
    May 26 at 19:33











  • @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

    – phoog
    May 27 at 20:28



















1
















Theoretically, custom officials have the right to inspect your storage devices for illegal content. I wouldn't worry about files that you made yourself, but files coming from the Internet (or from your acquaintances who could've also put the files they shared with you on the Internet or gotten them from there in the first place) could be easily identified as illegal content by checksum matching. IANAL, but as far as I know, having a copy of a copyrighted file which is being illegally distributed and was never released legally may result in you having to explain where you got it from.



Of course, chances of this happening are close to nil in practice, but I still wouldn't openly carry files those provenance I'm not 100% certain about.






share|improve this answer



























    Your Answer








    StackExchange.ready(function() {
    var channelOptions = {
    tags: "".split(" "),
    id: "273"
    };
    initTagRenderer("".split(" "), "".split(" "), channelOptions);

    StackExchange.using("externalEditor", function() {
    // Have to fire editor after snippets, if snippets enabled
    if (StackExchange.settings.snippets.snippetsEnabled) {
    StackExchange.using("snippets", function() {
    createEditor();
    });
    }
    else {
    createEditor();
    }
    });

    function createEditor() {
    StackExchange.prepareEditor({
    heartbeatType: 'answer',
    autoActivateHeartbeat: false,
    convertImagesToLinks: false,
    noModals: true,
    showLowRepImageUploadWarning: true,
    reputationToPostImages: null,
    bindNavPrevention: true,
    postfix: "",
    imageUploader: {
    brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
    contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/4.0/"u003ecc by-sa 4.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
    allowUrls: true
    },
    noCode: true, onDemand: true,
    discardSelector: ".discard-answer"
    ,immediatelyShowMarkdownHelp:true
    });


    }
    });















    draft saved

    draft discarded
















    StackExchange.ready(
    function () {
    StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2ftravel.stackexchange.com%2fquestions%2f139211%2fcrossing-us-border-with-music-files-im-legally-allowed-to-possess%23new-answer', 'question_page');
    }
    );

    Post as a guest















    Required, but never shown

























    3 Answers
    3






    active

    oldest

    votes








    3 Answers
    3






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    50

















    how likely am I to get in trouble (as in, getting held up or detained,
    having devices confiscated, etc.) with the CBP?




    Extremely unlikely. I have carried music files across borders hundreds of times into dozens of countries (as do millions of other people every day) and I've never seen or heard anything like this. The CBP has no way of knowing whether your underwear has been legally acquired but they don't care about that either. Your music file are no different.



    The only potential scenarios which may trigger an interaction is if the music files contain "illegal", "censored" or "morally undesirable" content that is not allowed or questionable in the destination country AND the immigration officer has reason to suspect you are in possession of such content. The US has a very broad definition of "free speech" which is protected by the first amendment, so any content that violates that would have be pretty extreme.






    share|improve this answer























    • 1





      "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

      – Nelson
      May 27 at 8:48








    • 2





      @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

      – Konrad Rudolph
      May 27 at 11:50






    • 2





      "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

      – HBruijn
      May 27 at 12:27






    • 2





      @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

      – Janus Bahs Jacquet
      May 27 at 15:46













    • @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

      – Curt J. Sampson
      May 28 at 0:52
















    50

















    how likely am I to get in trouble (as in, getting held up or detained,
    having devices confiscated, etc.) with the CBP?




    Extremely unlikely. I have carried music files across borders hundreds of times into dozens of countries (as do millions of other people every day) and I've never seen or heard anything like this. The CBP has no way of knowing whether your underwear has been legally acquired but they don't care about that either. Your music file are no different.



    The only potential scenarios which may trigger an interaction is if the music files contain "illegal", "censored" or "morally undesirable" content that is not allowed or questionable in the destination country AND the immigration officer has reason to suspect you are in possession of such content. The US has a very broad definition of "free speech" which is protected by the first amendment, so any content that violates that would have be pretty extreme.






    share|improve this answer























    • 1





      "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

      – Nelson
      May 27 at 8:48








    • 2





      @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

      – Konrad Rudolph
      May 27 at 11:50






    • 2





      "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

      – HBruijn
      May 27 at 12:27






    • 2





      @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

      – Janus Bahs Jacquet
      May 27 at 15:46













    • @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

      – Curt J. Sampson
      May 28 at 0:52














    50














    50










    50










    how likely am I to get in trouble (as in, getting held up or detained,
    having devices confiscated, etc.) with the CBP?




    Extremely unlikely. I have carried music files across borders hundreds of times into dozens of countries (as do millions of other people every day) and I've never seen or heard anything like this. The CBP has no way of knowing whether your underwear has been legally acquired but they don't care about that either. Your music file are no different.



    The only potential scenarios which may trigger an interaction is if the music files contain "illegal", "censored" or "morally undesirable" content that is not allowed or questionable in the destination country AND the immigration officer has reason to suspect you are in possession of such content. The US has a very broad definition of "free speech" which is protected by the first amendment, so any content that violates that would have be pretty extreme.






    share|improve this answer
















    how likely am I to get in trouble (as in, getting held up or detained,
    having devices confiscated, etc.) with the CBP?




    Extremely unlikely. I have carried music files across borders hundreds of times into dozens of countries (as do millions of other people every day) and I've never seen or heard anything like this. The CBP has no way of knowing whether your underwear has been legally acquired but they don't care about that either. Your music file are no different.



    The only potential scenarios which may trigger an interaction is if the music files contain "illegal", "censored" or "morally undesirable" content that is not allowed or questionable in the destination country AND the immigration officer has reason to suspect you are in possession of such content. The US has a very broad definition of "free speech" which is protected by the first amendment, so any content that violates that would have be pretty extreme.







    share|improve this answer














    share|improve this answer



    share|improve this answer








    edited May 26 at 21:15

























    answered May 25 at 13:47









    HilmarHilmar

    28.8k2 gold badges50 silver badges92 bronze badges




    28.8k2 gold badges50 silver badges92 bronze badges











    • 1





      "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

      – Nelson
      May 27 at 8:48








    • 2





      @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

      – Konrad Rudolph
      May 27 at 11:50






    • 2





      "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

      – HBruijn
      May 27 at 12:27






    • 2





      @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

      – Janus Bahs Jacquet
      May 27 at 15:46













    • @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

      – Curt J. Sampson
      May 28 at 0:52














    • 1





      "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

      – Nelson
      May 27 at 8:48








    • 2





      @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

      – Konrad Rudolph
      May 27 at 11:50






    • 2





      "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

      – HBruijn
      May 27 at 12:27






    • 2





      @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

      – Janus Bahs Jacquet
      May 27 at 15:46













    • @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

      – Curt J. Sampson
      May 28 at 0:52








    1




    1





    "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

    – Nelson
    May 27 at 8:48







    "Pretty extreme" would involve getting enough investigation to serve a warrant. You'll have to do very serious stuff before that happens, like the Silk Roads guy. Napster wasn't even taken down by the government, but by private companies suing them, and it was a platform that distributed illegal stuff.

    – Nelson
    May 27 at 8:48






    2




    2





    @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

    – Konrad Rudolph
    May 27 at 11:50





    @Nelson “[Napster] was a platform that distributed illegal stuff.” No it wasn’t (any more than Twitter is), otherwise it likely would have been taken down by the government.

    – Konrad Rudolph
    May 27 at 11:50




    2




    2





    "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

    – HBruijn
    May 27 at 12:27





    "The US has a very broad definition of "free speech" which is protected by the first amendment" - Non-citizens don't share all the rights of citizens under the U.S. Constitution. Additionally foreign visitors are subject to immigration law, under which the executive branch has broad (although not completely arbitrary) authority to determine whether it wants them in the country or not. And, until visitors have actually passed through immigration control and/or crossed the border, they aren't technically on U.S. soil and the U.S. Constitution may not yet grant them rights and/or protection.

    – HBruijn
    May 27 at 12:27




    2




    2





    @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

    – Janus Bahs Jacquet
    May 27 at 15:46







    @HBruijn You are on American soil the second you your feet touch the ground when you step off the plane. Airports – including airside areas – are built on sovereign territory. It is up to the host country whether or not special rules apply to airside areas. If such special rules do apply (I’m not sure they do in the US), then there are certain rights and obligations local law does not grant/impose upon you until you have cleared immigration; but you are still on host country soil while you’re airside, and in general, you still need to abide by host country laws.

    – Janus Bahs Jacquet
    May 27 at 15:46















    @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

    – Curt J. Sampson
    May 28 at 0:52





    @JanusBahsJacquet Some constitutional rights, such as the prohibition against unreasonable search, do not apply at ports of entry in the US regardless of your citizenship. Further, border agents have extensive power (routinely abused) within 100 miles of any border (covering almost 2/3 the US population). For more information see this ACLU page and "The US-Mexico Border: Where the Constitution Goes to Die".

    – Curt J. Sampson
    May 28 at 0:52













    4

















    There really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not. ... How likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?




    There is no customs duty on electronic files. Furthermore, there is an important principle in modern law called presumption of innocence. Because of this, they cannot treat the mere possession of the files as evidence that you have committed a crime any more than they could with anything else in your possession, as implied in the other answer.



    To charge you with a crime in connection with those files, they have to have a credible chance of showing in court that you committed such a crime. They cannot just ask you to show that you didn't do so.






    share|improve this answer





















    • 4





      IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

      – user82529
      May 26 at 19:33











    • @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

      – phoog
      May 27 at 20:28
















    4

















    There really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not. ... How likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?




    There is no customs duty on electronic files. Furthermore, there is an important principle in modern law called presumption of innocence. Because of this, they cannot treat the mere possession of the files as evidence that you have committed a crime any more than they could with anything else in your possession, as implied in the other answer.



    To charge you with a crime in connection with those files, they have to have a credible chance of showing in court that you committed such a crime. They cannot just ask you to show that you didn't do so.






    share|improve this answer





















    • 4





      IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

      – user82529
      May 26 at 19:33











    • @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

      – phoog
      May 27 at 20:28














    4














    4










    4










    There really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not. ... How likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?




    There is no customs duty on electronic files. Furthermore, there is an important principle in modern law called presumption of innocence. Because of this, they cannot treat the mere possession of the files as evidence that you have committed a crime any more than they could with anything else in your possession, as implied in the other answer.



    To charge you with a crime in connection with those files, they have to have a credible chance of showing in court that you committed such a crime. They cannot just ask you to show that you didn't do so.






    share|improve this answer














    There really is no way for border agents to know, for any given music file, whether I'm legally allowed to have it or not. ... How likely am I to get in trouble (as in, getting held up or detained, having devices confiscated, etc.) with the CBP?




    There is no customs duty on electronic files. Furthermore, there is an important principle in modern law called presumption of innocence. Because of this, they cannot treat the mere possession of the files as evidence that you have committed a crime any more than they could with anything else in your possession, as implied in the other answer.



    To charge you with a crime in connection with those files, they have to have a credible chance of showing in court that you committed such a crime. They cannot just ask you to show that you didn't do so.







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered May 26 at 12:45









    phoogphoog

    90.2k15 gold badges201 silver badges291 bronze badges




    90.2k15 gold badges201 silver badges291 bronze badges











    • 4





      IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

      – user82529
      May 26 at 19:33











    • @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

      – phoog
      May 27 at 20:28














    • 4





      IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

      – user82529
      May 26 at 19:33











    • @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

      – phoog
      May 27 at 20:28








    4




    4





    IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

    – user82529
    May 26 at 19:33





    IIRC, those entering under VWP waive away their right to a trial should a CBP agent choose to deport them, meaning that they can be deported/denied entry for almost any reason. Though it's been a few years since I last went through the process, so I might be wrong.

    – user82529
    May 26 at 19:33













    @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

    – phoog
    May 27 at 20:28





    @Rogem no, you are more or less correct. But they waive the right to an immigration hearing before a judge on their removal under immigration law. This is not a criminal matter, and the burden of proof in such a hearing is on the traveler, not the government. My point here is to look at this in the context of criminal law. Someone showing up with obviously stolen goods has more to be worried about than just refused entry and removal; criminal charges would be likely, and that would involve arrest and a right to a jury trial.

    – phoog
    May 27 at 20:28











    1
















    Theoretically, custom officials have the right to inspect your storage devices for illegal content. I wouldn't worry about files that you made yourself, but files coming from the Internet (or from your acquaintances who could've also put the files they shared with you on the Internet or gotten them from there in the first place) could be easily identified as illegal content by checksum matching. IANAL, but as far as I know, having a copy of a copyrighted file which is being illegally distributed and was never released legally may result in you having to explain where you got it from.



    Of course, chances of this happening are close to nil in practice, but I still wouldn't openly carry files those provenance I'm not 100% certain about.






    share|improve this answer






























      1
















      Theoretically, custom officials have the right to inspect your storage devices for illegal content. I wouldn't worry about files that you made yourself, but files coming from the Internet (or from your acquaintances who could've also put the files they shared with you on the Internet or gotten them from there in the first place) could be easily identified as illegal content by checksum matching. IANAL, but as far as I know, having a copy of a copyrighted file which is being illegally distributed and was never released legally may result in you having to explain where you got it from.



      Of course, chances of this happening are close to nil in practice, but I still wouldn't openly carry files those provenance I'm not 100% certain about.






      share|improve this answer




























        1














        1










        1









        Theoretically, custom officials have the right to inspect your storage devices for illegal content. I wouldn't worry about files that you made yourself, but files coming from the Internet (or from your acquaintances who could've also put the files they shared with you on the Internet or gotten them from there in the first place) could be easily identified as illegal content by checksum matching. IANAL, but as far as I know, having a copy of a copyrighted file which is being illegally distributed and was never released legally may result in you having to explain where you got it from.



        Of course, chances of this happening are close to nil in practice, but I still wouldn't openly carry files those provenance I'm not 100% certain about.






        share|improve this answer













        Theoretically, custom officials have the right to inspect your storage devices for illegal content. I wouldn't worry about files that you made yourself, but files coming from the Internet (or from your acquaintances who could've also put the files they shared with you on the Internet or gotten them from there in the first place) could be easily identified as illegal content by checksum matching. IANAL, but as far as I know, having a copy of a copyrighted file which is being illegally distributed and was never released legally may result in you having to explain where you got it from.



        Of course, chances of this happening are close to nil in practice, but I still wouldn't openly carry files those provenance I'm not 100% certain about.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered May 27 at 10:58









        Dmitry GrigoryevDmitry Grigoryev

        7,58821 silver badges50 bronze badges




        7,58821 silver badges50 bronze badges


































            draft saved

            draft discarded



















































            Thanks for contributing an answer to Travel Stack Exchange!


            • Please be sure to answer the question. Provide details and share your research!

            But avoid



            • Asking for help, clarification, or responding to other answers.

            • Making statements based on opinion; back them up with references or personal experience.


            To learn more, see our tips on writing great answers.




            draft saved


            draft discarded














            StackExchange.ready(
            function () {
            StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2ftravel.stackexchange.com%2fquestions%2f139211%2fcrossing-us-border-with-music-files-im-legally-allowed-to-possess%23new-answer', 'question_page');
            }
            );

            Post as a guest















            Required, but never shown





















































            Required, but never shown














            Required, but never shown












            Required, but never shown







            Required, but never shown

































            Required, but never shown














            Required, but never shown












            Required, but never shown







            Required, but never shown







            Popular posts from this blog

            Færeyskur hestur Heimild | Tengill | Tilvísanir | LeiðsagnarvalRossið - síða um færeyska hrossið á færeyskuGott ár hjá færeyska hestinum

            He _____ here since 1970 . Answer needed [closed]What does “since he was so high” mean?Meaning of “catch birds for”?How do I ensure “since” takes the meaning I want?“Who cares here” meaningWhat does “right round toward” mean?the time tense (had now been detected)What does the phrase “ring around the roses” mean here?Correct usage of “visited upon”Meaning of “foiled rail sabotage bid”It was the third time I had gone to Rome or It is the third time I had been to Rome

            Slayer Innehåll Historia | Stil, komposition och lyrik | Bandets betydelse och framgångar | Sidoprojekt och samarbeten | Kontroverser | Medlemmar | Utmärkelser och nomineringar | Turnéer och festivaler | Diskografi | Referenser | Externa länkar | Navigeringsmenywww.slayer.net”Metal Massacre vol. 1””Metal Massacre vol. 3””Metal Massacre Volume III””Show No Mercy””Haunting the Chapel””Live Undead””Hell Awaits””Reign in Blood””Reign in Blood””Gold & Platinum – Reign in Blood””Golden Gods Awards Winners”originalet”Kerrang! Hall Of Fame””Slayer Looks Back On 37-Year Career In New Video Series: Part Two””South of Heaven””Gold & Platinum – South of Heaven””Seasons in the Abyss””Gold & Platinum - Seasons in the Abyss””Divine Intervention””Divine Intervention - Release group by Slayer””Gold & Platinum - Divine Intervention””Live Intrusion””Undisputed Attitude””Abolish Government/Superficial Love””Release “Slatanic Slaughter: A Tribute to Slayer” by Various Artists””Diabolus in Musica””Soundtrack to the Apocalypse””God Hates Us All””Systematic - Relationships””War at the Warfield””Gold & Platinum - War at the Warfield””Soundtrack to the Apocalypse””Gold & Platinum - Still Reigning””Metallica, Slayer, Iron Mauden Among Winners At Metal Hammer Awards””Eternal Pyre””Eternal Pyre - Slayer release group””Eternal Pyre””Metal Storm Awards 2006””Kerrang! Hall Of Fame””Slayer Wins 'Best Metal' Grammy Award””Slayer Guitarist Jeff Hanneman Dies””Bullet-For My Valentine booed at Metal Hammer Golden Gods Awards””Unholy Aliance””The End Of Slayer?””Slayer: We Could Thrash Out Two More Albums If We're Fast Enough...””'The Unholy Alliance: Chapter III' UK Dates Added”originalet”Megadeth And Slayer To Co-Headline 'Canadian Carnage' Trek”originalet”World Painted Blood””Release “World Painted Blood” by Slayer””Metallica Heading To Cinemas””Slayer, Megadeth To Join Forces For 'European Carnage' Tour - Dec. 18, 2010”originalet”Slayer's Hanneman Contracts Acute Infection; Band To Bring In Guest Guitarist””Cannibal Corpse's Pat O'Brien Will Step In As Slayer's Guest Guitarist”originalet”Slayer’s Jeff Hanneman Dead at 49””Dave Lombardo Says He Made Only $67,000 In 2011 While Touring With Slayer””Slayer: We Do Not Agree With Dave Lombardo's Substance Or Timeline Of Events””Slayer Welcomes Drummer Paul Bostaph Back To The Fold””Slayer Hope to Unveil Never-Before-Heard Jeff Hanneman Material on Next Album””Slayer Debut New Song 'Implode' During Surprise Golden Gods Appearance””Release group Repentless by Slayer””Repentless - Slayer - Credits””Slayer””Metal Storm Awards 2015””Slayer - to release comic book "Repentless #1"””Slayer To Release 'Repentless' 6.66" Vinyl Box Set””BREAKING NEWS: Slayer Announce Farewell Tour””Slayer Recruit Lamb of God, Anthrax, Behemoth + Testament for Final Tour””Slayer lägger ner efter 37 år””Slayer Announces Second North American Leg Of 'Final' Tour””Final World Tour””Slayer Announces Final European Tour With Lamb of God, Anthrax And Obituary””Slayer To Tour Europe With Lamb of God, Anthrax And Obituary””Slayer To Play 'Last French Show Ever' At Next Year's Hellfst””Slayer's Final World Tour Will Extend Into 2019””Death Angel's Rob Cavestany On Slayer's 'Farewell' Tour: 'Some Of Us Could See This Coming'””Testament Has No Plans To Retire Anytime Soon, Says Chuck Billy””Anthrax's Scott Ian On Slayer's 'Farewell' Tour Plans: 'I Was Surprised And I Wasn't Surprised'””Slayer””Slayer's Morbid Schlock””Review/Rock; For Slayer, the Mania Is the Message””Slayer - Biography””Slayer - Reign In Blood”originalet”Dave Lombardo””An exclusive oral history of Slayer”originalet”Exclusive! Interview With Slayer Guitarist Jeff Hanneman”originalet”Thinking Out Loud: Slayer's Kerry King on hair metal, Satan and being polite””Slayer Lyrics””Slayer - Biography””Most influential artists for extreme metal music””Slayer - Reign in Blood””Slayer guitarist Jeff Hanneman dies aged 49””Slatanic Slaughter: A Tribute to Slayer””Gateway to Hell: A Tribute to Slayer””Covered In Blood””Slayer: The Origins of Thrash in San Francisco, CA.””Why They Rule - #6 Slayer”originalet”Guitar World's 100 Greatest Heavy Metal Guitarists Of All Time”originalet”The fans have spoken: Slayer comes out on top in readers' polls”originalet”Tribute to Jeff Hanneman (1964-2013)””Lamb Of God Frontman: We Sound Like A Slayer Rip-Off””BEHEMOTH Frontman Pays Tribute To SLAYER's JEFF HANNEMAN””Slayer, Hatebreed Doing Double Duty On This Year's Ozzfest””System of a Down””Lacuna Coil’s Andrea Ferro Talks Influences, Skateboarding, Band Origins + More””Slayer - Reign in Blood””Into The Lungs of Hell””Slayer rules - en utställning om fans””Slayer and Their Fans Slashed Through a No-Holds-Barred Night at Gas Monkey””Home””Slayer””Gold & Platinum - The Big 4 Live from Sofia, Bulgaria””Exclusive! Interview With Slayer Guitarist Kerry King””2008-02-23: Wiltern, Los Angeles, CA, USA””Slayer's Kerry King To Perform With Megadeth Tonight! - Oct. 21, 2010”originalet”Dave Lombardo - Biography”Slayer Case DismissedArkiveradUltimate Classic Rock: Slayer guitarist Jeff Hanneman dead at 49.”Slayer: "We could never do any thing like Some Kind Of Monster..."””Cannibal Corpse'S Pat O'Brien Will Step In As Slayer'S Guest Guitarist | The Official Slayer Site”originalet”Slayer Wins 'Best Metal' Grammy Award””Slayer Guitarist Jeff Hanneman Dies””Kerrang! Awards 2006 Blog: Kerrang! Hall Of Fame””Kerrang! Awards 2013: Kerrang! Legend”originalet”Metallica, Slayer, Iron Maien Among Winners At Metal Hammer Awards””Metal Hammer Golden Gods Awards””Bullet For My Valentine Booed At Metal Hammer Golden Gods Awards””Metal Storm Awards 2006””Metal Storm Awards 2015””Slayer's Concert History””Slayer - Relationships””Slayer - Releases”Slayers officiella webbplatsSlayer på MusicBrainzOfficiell webbplatsSlayerSlayerr1373445760000 0001 1540 47353068615-5086262726cb13906545x(data)6033143kn20030215029