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EFF to Second Circuit: Electronic Device Searches at Border Require a Warrant

43 points by gslin 2y ago

anon291 2y ago
Crossing a border gives the incoming country the right to search your belongings without a warrant. It's not like a judge sits there ordering search warrants to open a suitcase.
- soraminazuki 2y ago
  Crossing a border doesn't strip a person of their basic human rights.
  - refurb 2y ago
    It doesn't, but it's well established laws that certain protections don't exist when you cross an international border because the government has a responsibility to maintain security at the border and manage imports/exports. They can't do that if they don't have some rights to search. But that said, I would agree that carte blanche right to "inspect" an electronic device seems overly intrusive. It's not like the government can require a bodily cavity search at the border, so clearly there are limits that require a warrant.
  - deleted 2y ago
    [deleted]
- left-struck 2y ago
  For some people, having the right to search their phone would be like having the right to search their mind, but that aside, there are so many ways to overcome the need to carry your data physically with you across borders. If you’re motivated to do so it’s easy to find a way, which means that the vast majority of people whose privacy is being invaded aren’t even doing anything wrong, and the people who are doing something wrong just need to be slightly tech savvy to get around this.
- amanaplanacanal 2y ago
  The purpose of searching a person's belongings at the border is to look for contaband. What sorts of contraband data are they looking for in electronic devices? They don't stop and search other data coming over the border.
  - type0 2y ago
    this is where we desperately needs Johnny Mnemonic
- zardo 2y ago
  I don't think this legally limited to crossing borders in the US. My understanding is CBP asserts the right to warrantless searches in the entire border zone, which includes every square inch of several states. https://www.aclu.org/know-your-rights/border-zone https://www.aclu.org/know-your-rights/border-zone
RecycledEle 2y ago
All searched require a warrant. That's in the 4th Amendment.

43 points by gslin 2y ago

Crossing a border gives the incoming country the right to search your belongings without a warrant. It's not like a judge sits there ordering search warrants to open a suitcase.

soraminazuki 2y ago
Crossing a border doesn't strip a person of their basic human rights.
- refurb 2y ago
  It doesn't, but it's well established laws that certain protections don't exist when you cross an international border because the government has a responsibility to maintain security at the border and manage imports/exports. They can't do that if they don't have some rights to search. But that said, I would agree that carte blanche right to "inspect" an electronic device seems overly intrusive. It's not like the government can require a bodily cavity search at the border, so clearly there are limits that require a warrant.
- deleted 2y ago
  [deleted]
left-struck 2y ago
For some people, having the right to search their phone would be like having the right to search their mind, but that aside, there are so many ways to overcome the need to carry your data physically with you across borders. If you’re motivated to do so it’s easy to find a way, which means that the vast majority of people whose privacy is being invaded aren’t even doing anything wrong, and the people who are doing something wrong just need to be slightly tech savvy to get around this.
amanaplanacanal 2y ago
The purpose of searching a person's belongings at the border is to look for contaband. What sorts of contraband data are they looking for in electronic devices? They don't stop and search other data coming over the border.
- type0 2y ago
  this is where we desperately needs Johnny Mnemonic
zardo 2y ago
I don't think this legally limited to crossing borders in the US. My understanding is CBP asserts the right to warrantless searches in the entire border zone, which includes every square inch of several states. https://www.aclu.org/know-your-rights/border-zone https://www.aclu.org/know-your-rights/border-zone

RecycledEle 2y ago

All searched require a warrant. That's in the 4th Amendment.