ABAJ: Traveling lawyers get new protections in device searches at border by Lee Rawles. The ABA is meeting soon in Vancouver. What about protecting privileged information at Customs when they return:
According to ABA President Hilarie Bass, senior DHS officials met with the ABA after the letter was received, and CBP released a revised directive.
“While not all of our proposals were adopted, and more clearly needs to be done, the new directive includes several new protections for privileged and confidential client information on lawyer laptops and cellphones and is a clear improvement over the prior policy,” Bass wrote in an ABA email newsletter.
The revised directive lays out in more detail how border officials should respond to assertions that material is privileged, including consulting CBP’s senior counsel before searching the devices; segregating the privileged material; and how any copies of privileged materials should be disposed of at the end of the review process.