Compliance Management, Network Security

CBP directive would allow warrantless search, seizure of electronic devices at border

The American Civil Liberties Union (ACLU) opposes irective that allows officers to search and seize - albeit with some restrictions - electronic devices at the border

Calling positive the policy's requirement that “have some level of suspicion before copying and using electronic methods to search a traveler's electronic device,” Neema Singh Guliani, legislative counsel at the ACLU said in a statement that it “still falls far short of what the Constitution requires — a search warrant based on probable cause.” 

Under the directive border officers still could “manually sift through a traveler's photos, emails, documents, and other information stored on a device without individualized suspicion of any kind,” Singh Giuliani said. @Additionally, it fails to make clear that travelers should not be under any obligation to provide passcodes or other assistance to officers seeking to access their private information.”

She called for Congress to “continue to press CBP to improve its policy.”

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