Second Circuit upholds warrantless border device searches
1 Sep 18 · 5d ago · 1 article · 2 posts · 11 comments · 3 sources · development 1 of 1
The U.S. Court of Appeals for the Second Circuit held that border agents may search travelers' electronic devices without suspicion. The court rejected arguments from the Knight First Amendment Institute and RCFP that the border-search exception to the Fourth Amendment should not apply to electronic devices and that warrants should be required.
“Today's decision leaves Americans' most sensitive information open to search at the border without any suspicion at all.”
Scott Wilkens, senior counsel at the Knight First Amendment InstituteSecond Circuit Court of Appeals Ruling courtKnight First Amendment Institute at Columbia University Amicus curiaeReporters Committee for Freedom of the Press Amicus curiaeScott Wilkens Senior counsel, Knight First Amendment Institute
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What was reported 1 claim about this development
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first by HN Frontpage, 5d ago
What people said 11 voices · verbatim
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Everyone please read Surveillance Self Defense from EFF [0]My advice, take a burner phone to the airport (and elsewhere?), and since devices are subject to warrantless search anywhere and everywhere, via exceptions to the fourth amendment [1] (the constitution seems designed to be bent or outright ignored), keep your data at home and encrypted…
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The resources you link to are helpful; however, this is not really practical advice for most people most of the time. To the extent that our smartphones are a very helpful device to have in our day-to-day lives at home, they're even more useful in a foreign country where they become our only available computing device; indispensable for keeping in…
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it's not just a device problem, the whole constitution is suspended 100 miles around the entire border of the US, we have no rights(look at FLORIDA, the entire state!)*
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Doing a bit of research, this applies to what’s considered a “manual search” as in a CBP agent spending time manually looking at your phone. It does not appear to allow (or speak to?) plugging your phone into forensic tools for a deeper inspection.Not great, but I think that’s what’s being specifically adjudicated here.They still cannot deny an US…
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When I travel internationally, I do not take any electronics with me.If I need a cell phone, laptop, etc., then I will buy or rent something cheap at the destination.I got into the habit while traveling back and forth the mainland China as it was our corporate policy (and we never brought any electronics back, either).
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Since removing a nation-state rootkit is not structurally possible, how is this any different from requiring the device to be forfeited? If all search == seizure and destruction, does that change the legal basis?
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"Hey Mr. Border Guard, this is a burner phone, have at it!""Okay can you login to your email for me? If not I'm going to have to keep you here until you do."
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has anybody ever challenged the PATRIOT Act on compliance with the 4th Amendment?Not that it really matters, with the current Supreme Court being what it is, but still...
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So store your data in a secure location and only access it with devices if your a journalist?
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doesn’t this affirm an existing ruling in a different appeals circuit or the Supreme Court?
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The article is not that clear in one way. Does this only apply to non-US Citizens ?
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