Thursday, November 14, 2019

Naked Security: Warrantless searches of devices at US borders ruled unconstitutional

Warrantless searches of devices at US borders ruled unconstitutional
by Lisa Vaas,

A federal court in Boston on Tuesday ruled that suspicion-free, warrantless searches of travelers’ electronic devices at US border entry points are unconstitutional.

Great news. While most people would agree that Customs has the right to search baggage in order to make sure no prohibited items are being brought into the country, there is no law (as far as I know) prohibiting the importation of data of any kind, which pretty much clobbers any alleged "right" they may have for searching the content of electronic devices.

Of course, if some other law enforcement agency presents them with a warrant, that's a different story.

Yes, I know you can't import child pornography. But that's a law enforcement issue in general, not a Customs issue. Just like police and FBI can't search your computer without a warrant, neither should Customs be allowed to. And that's just what the court ruled.

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