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New US Customs Guidelines Limit Copying Files and Searching Cloud Data

posted by martyb on Monday January 08 2018, @06:40PM   Printer-friendly
from the sudden-outbreak-of-common-sense? dept.

Fnord666 writes:

The US Customs and Border Protection agency has updated its guidelines for electronic border searches, clarifying what remain broad and potentially invasive procedures. The directive was published today [ January 5, 2018], and it adds new detail to border search rules that were last officially updated in 2009.

Officers can still request that people unlock electronic devices for inspection when they're entering the US, and they can still look through any files or apps on those devices. But consistent with a statement from acting commissioner Kevin McAleenan last summer, they're explicitly banned from accessing cloud data — per these guidelines, that means anything that can't be accessed while the phone's data connection is disabled.

The guidelines also draw a distinction between "basic" and "advanced" searches. If officers connect to the phone (through a wired or wireless connection) and copy or analyze anything on it using external devices, that's an advanced search, and it can only be carried out with reasonable suspicion of illegal activity or a national security concern. A supervisor can approve the search, and "many factors" might create reasonable suspicion, including a terrorist watchlist flag or "other articulable factors."

Source: https://www.theverge.com/2018/1/5/16855804/customs-border-protection-electronic-device-border-search-update-statistics

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  • (Score: 1) by doc_doofus on Tuesday January 09 2018, @03:51PM (1 child)

    by doc_doofus (6746) on Tuesday January 09 2018, @03:51PM (#620047) Homepage

    Common mistake.
    A cannon is classified as "armament" vs a rifle which is "arms."
    It is the right to keep and bear "arms."
    Only the government can keep and bear "armaments."
    Thanks for playing.

    --
    "Just because you're real, doesn't necessarily mean that you're intelligent." - Inspirobot

  • (Score: 2) by Justin Case on Tuesday January 09 2018, @04:17PM

    by Justin Case (4239) on Tuesday January 09 2018, @04:17PM (#620059) Journal

    Interesting perspective I had not heard before. I'm willing to learn more... but presently unconvinced.

    https://en.wikipedia.org/wiki/Weapon [wikipedia.org]

    A weapon, arm, or armament is any device used with intent to inflict damage

    The examples include nuclear weapons and even hypothetical anti-matter weapons.

    https://en.wiktionary.org/wiki/armament [wiktionary.org]

    All the cannon and small arms collectively

    So what are large arms?

    Of course, we need the archived pages from the late 1700s to determine what the meaning was at that time.