A Boston federal court ruled today that U.S. federal agents can’t conduct “suspicionless” searches of international travelers’ smartphones and laptops at the border and other ports of entry by lisettevoytko
that U.S. federal agents can’t conduct “suspicionless” searches of international travelers’ smartphones and laptops at the border and other ports of entry, a decision hailed by the American Civil Liberties Union as a “major victory for privacy rights.”, U.S. district judge Denise Casper ruled that border officials need justifiable reasons to search a person’s electronic devices, which should be balanced against the privacy interests of travelers.
According to Reuters, Casper’s ruling is a higher standard than current U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement policies. Casper also ruled that the CBP and ICE policies violate the Fourth Amendment, which provides people protection from unreasonable searches and seizures.
Agents, however, are still not required to obtain search warrants to examine phones and laptops with reasonable suspicion. The ACLU was representing the case’s 11 plaintiffs; lawyer Esha Bhandari said the decision “significantly advances Fourth Amendment protections for the millions of international travelers who enter the United States every year.”33,000. That’s the number of searches conducted by CBP in 2018, a fourfold increase over the 8,500 searched in 2015, according to the ACLU.
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