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Exactly. It's a nuance most people don't understand. If you're crossing a border, customs having the right to search you isn't a silly idea - the government h
by refurb 3y ago
Exactly. It's a nuance most people don't understand.
If you're crossing a border, customs having the right to search you isn't a silly idea - the government has the right to enforce customs and tax/duty laws. Being able to search items you are bringing across the border is in line with that.
Where I think the nuance comes in is that carte blanche search rights don't make much sense in a era when they can search you electronic devices that aren't really related to customs and tax/duty laws.
- tptacek 3y agoThe argument here --- and we'll see how well it holds up on appeal --- is that searching a cellphone at the border is a little like driving to your house after your cross the border and searching it before they let you leave the border crossing.
- 8ytecoder 3y agoThe article actually talks about all of this and explains the why. Without repeating everything, the supreme court already makes this exception for cellphones domestically -as in police can search, let's say, a car but need warrant for the cellphone in the car. Makes sense to extend the same distinction to the border. That's all what the EFF is asking. But SC has refused to take it up.
- deleted 3y ago[deleted]