EFF: Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole

EFF: Law Enforcement Uses Border Search Exception as Fourth Amendment Loophole by Sophia Cope:

In recent months, U.S. Customs and Border Protection agents have sought access to private data on the cell phones of two journalists. Such incidents are offensive because they threaten the independence of the press and pose specific risks to confidential sources. This government overreach also highlights how weak legal protections at the border for digital devices threatens the privacy of all travelers to and from the U.S., including Americans.

In October 2016, CBP airport agents denied Canadian photojournalist Ed Ou entry into the country, after detaining him for over six hours and seizing his three cell phones. According to Mr. Ou’s ACLU attorney, “When the officers returned the phones to him several hours later, it was evident that their SIM cards had been temporarily removed because tamper tape covering the cards had been destroyed or altered.” Similarly, in July, CBP airport agents detained U.S. citizen and Wall Street Journal reporter Maria Abi-Habib for an hour and a half. When they asked for her cell phones, she refused and referred them to the newspaper’s lawyers. Fortunately, the agents eventually released her without seizing or searching her devices.

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