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Fourth Circuit Rules That Suspicionless Border Searches of Electronic Devices Are Unconstitutional

posted by Fnord666 on Monday May 14 2018, @10:09AM   Printer-friendly
from the sudden-outbreak-of-common-sense dept.

MrPlow writes:

Submitted via IRC for Runaway1956

In a victory for privacy rights at the border, the U.S. Court of Appeals for the Fourth Circuit today ruled that forensic searches of electronic devices carried out by border agents without any suspicion that the traveler has committed a crime violate the U.S. Constitution.

The ruling in U.S. v. Kolsuz is the first federal appellate case after the Supreme Court's seminal decision in Riley v. California (2014) to hold that certain border device searches require individualized suspicion that the traveler is involved in criminal wrongdoing. Two other federal appellate opinions this year—from the Fifth Circuit and Eleventh Circuit—included strong analyses by judges who similarly questioned suspicionless border device searches.

Source: https://www.eff.org/deeplinks/2018/05/fourth-circuit-rules-suspicionless-forensic-searches-electronic-devices-border-are

Original Submission

 
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  • (Score: 2) by edIII on Monday May 14 2018, @06:50PM

    by edIII (791) on Monday May 14 2018, @06:50PM (#679716)

    I'm not going to trust it. Even if there is legal precedence I can use to ultimately defend my Constitutional and Human rights, the damage can still be done by some authoritarian dickhead.

    Any time I cross the border now, I do not do so with my own personal phone. Ever. My system itself will be defended by extremely strong encryption, and I will remove the high performance drives and replace them with stock. Then run a Live CD of Ubuntu or something while I'm travelling.

    I'll ship my expensive storage to my destination if I think I need them, otherwise I'll just connect back up with my servers when reaching my destination and downloading whatever data I need.

    They'll never have the chance to violate my privacy.

    --
    Technically, lunchtime is at any moment. It's just a wave function.
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