4 ms·

IIRC there is no protection of “reasonable suspicion” that CBP needs to follow.

dragonwriter 6y ago
For forensic, as opposed to manual, searches of electronics there is under the district court judgement in Alasaad v. Nielsen (currently on appeal as Alasaad v. Wolf because of change in DHS leadership.)
manigandham 6y ago
There absolutely is: https://www.forbes.com/sites/lisettevoytko/2019/11/12/border-agents-cant-search-smartphones-and-laptops-without-reasonable-suspicion-court-rules/ https://www.forbes.com/sites/lisettevoytko/2019/11/12/border... "A Boston federal court ruled 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 (ACLU) as a major victory for privacy rights. In a 48-page decision, 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."
- quantified 6y ago
  Not even close. https://www.politico.com/news/magazine/2020/08/30/black-us-diplomat-customs-border-protection-cbp-detained-harassed-325676 https://www.politico.com/news/magazine/2020/08/30/black-us-d...
- dragonwriter 6y ago
  Well, “absolutely” is a bit strong based on District Court ruling currently on appeal.
  - manigandham 6y ago
    Is it a false statement? Until an appeal actually overturns this, is this not the new standard?
    - dragonwriter 6y ago
      > Until an appeal actually overturns this, is this not the new standard? No, because the 11th Circuit Court or Appeals has already ruled to the contrary, while the 4th and 9th Circuits have rules similarly. However the First Circuit rules on this there is a Circuit split until the Supreme Court resolves it. So calling other side of that split the absolute rule is presumptuous. https://jolt.law.harvard.edu/digest/alasaad-v-mcaleenan-federal-district-court-rules-suspicionless-searches-of-smart-phones-at-u-s-ports-of-entry-unconstitutional https://jolt.law.harvard.edu/digest/alasaad-v-mcaleenan-fede...

For forensic, as opposed to manual, searches of electronics there is under the district court judgement in Alasaad v. Nielsen (currently on appeal as Alasaad v. Wolf because of change in DHS leadership.)

manigandham 6y ago

There absolutely is: https://www.forbes.com/sites/lisettevoytko/2019/11/12/border-agents-cant-search-smartphones-and-laptops-without-reasonable-suspicion-court-rules/ https://www.forbes.com/sites/lisettevoytko/2019/11/12/border... "A Boston federal court ruled 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 (ACLU) as a major victory for privacy rights. In a 48-page decision, 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."

quantified 6y ago
Not even close. https://www.politico.com/news/magazine/2020/08/30/black-us-diplomat-customs-border-protection-cbp-detained-harassed-325676 https://www.politico.com/news/magazine/2020/08/30/black-us-d...
dragonwriter 6y ago
Well, “absolutely” is a bit strong based on District Court ruling currently on appeal.
- manigandham 6y ago
  Is it a false statement? Until an appeal actually overturns this, is this not the new standard?
  - dragonwriter 6y ago
    > Until an appeal actually overturns this, is this not the new standard? No, because the 11th Circuit Court or Appeals has already ruled to the contrary, while the 4th and 9th Circuits have rules similarly. However the First Circuit rules on this there is a Circuit split until the Supreme Court resolves it. So calling other side of that split the absolute rule is presumptuous. https://jolt.law.harvard.edu/digest/alasaad-v-mcaleenan-federal-district-court-rules-suspicionless-searches-of-smart-phones-at-u-s-ports-of-entry-unconstitutional https://jolt.law.harvard.edu/digest/alasaad-v-mcaleenan-fede...