This practice should be banned on the premise that any digital data that could enter the country physically on that device could just as easily cross the border

This practice should be banned on the premise that any digital data that could enter the country physically on that device could just as easily cross the border and enter on any internet connection. Searching the device does nothing to prevent anything from entering the country, which is the primary role of the CBP agents - to control the flow of people and physical items. Not data. If the CBP then claims that it's a useful tool/practice because they can identify bad people who shouldn't be allowed in, they should be asked to provide stats on how many people were denied entrance after their devices were checked. My guess is that number is statistically meaningless, probably in the <1% range for people who actually unlock a device. One of the only exceptions I can think of is cases like this one: http://cyb3rcrim3.blogspot.com/2016/04/the-laptop-child-pornography-and-border.html http://cyb3rcrim3.blogspot.com/2016/04/the-laptop-child-porn... where there is already a legitimate investigation going on and a person is suspected of serious criminal activity and they don't have enough for a warrant. In these cases, the CBP uses the rules regarding border re-entry to their favor to compel a search of a device because they have at least some sort of reasonable suspicion that a device may contain data for which the mere possession of is highly illegal. Other than that, I'm hard-pressed to think of any cases where the mere possession of data would be a felony unless they suspect you of having classified information without the appropriate clearance.