Crossing US border with music files I'm legally allowed to possess
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):
- Creating them from CDs you legally own, to make listening on the go more convenient. I believe this is legal in the U.S.
- 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?
Best 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.
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What does US Border Patrol look for when crossing?
Various types of tax information such as any Delinquent Tax payments. Current Job. Complete history of all border crossings \u2013 including state ports where there are border checks. Frequent traveler memberships such as Global Entry or NEXUS.Do you have rights at the border?
You always have the right to remain silent. Your silence cannot be used against you in court. Be aware that Border Patrol and CBP officers will likely try to force you to talk. If you are detained because of suspicion that you have committed a crime, you have the right to remain silent and contact/speak to an attorney.Can you legally cross the border?
United States border entry rules tightened in the wake of the terrorist attacks of September 11, 2001. U.S. citizens, legal permanent residents, and visitors from other countries must present a valid passport or other approved travel document when crossing the U.S. border by air.Are border checkpoints legal?
The Supreme Court has upheld the use of immigration checkpoints, but only insofar as the stops consist only of a brief and limited inquiry into residence status. Checkpoints cannot be primarily used for drug-search or general law enforcement efforts.More answers regarding crossing US border with music files I'm legally allowed to possess
Answer 2
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.
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