August 9, 2017
Article from EFF
EFF to Court: Border Agents Should Get A Warrant Before Searching Our Digital Devices
Whether Conducted Manually or Using Forensic Software, Cell Phone Searches Are Highly Intrusive
New Orleans, Louisiana—Searches of mobile phones, laptops, and other digital devices by federal agents at international airports and U.S. land borders are highly intrusive forays into travelers’ private information that require a warrant, the Electronic Frontier Foundation (EFF) said in a court filing yesterday.
EFF urged the U.S. Circuit Court of Appeals for the Fifth Circuit to require law enforcement officers at the border to obtain a warrant before performing manual or forensic searches of digital devices. Warrantless border searches of backpacks, purses, or luggage are allowed under an exception to the Fourth Amendment for routine immigration and customs enforcement. Yet EFF argues that, since digital devices can provide so much highly personal, private information—our contacts, our email conversations, our work documents, our schedules—agents should be required to show they have probable cause to believe that the device contains evidence of a violation of the immigration or customs laws. Only after a judge has signed off on a search warrant should border agents be allowed to rifle through the contents of cell phones, laptops, or tablets.
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