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posted by martyb on Friday February 12 2021, @06:20PM   Printer-friendly
from the When's-the-last-time-you-crossed-the-border-with-a-half-dozen-filing-cabinets? dept.

It reverses a landmark victory for privacy advocates.

Border Agents Can Search Phones Freely Under New Circuit Court Ruling - The Verge:

A US appeals court has ruled that Customs and Border Protection agents can conduct in-depth searches of phones and laptops, overturning an earlier legal victory for civil liberties groups. First Circuit Judge Sandra Lynch declared that both basic and "advanced" searches, which include reviewing and copying data without a warrant, fall within "permissible constitutional grounds" at the American border.

Lynch ruled against a group of US citizens and residents objecting to invasive searches of their electronic devices.

[...] A district court declared that CBP searches violated the Fourth Amendment by not requiring "reasonable suspicion" that the devices contained contraband. Lynch disagreed. "Electronic device searches do not fit neatly into other categories of property searches, but the bottom line is that basic border searches of electronic devices do not involve an intrusive search of a person," she wrote. That lowers the bar for conducting them at the border, where the government's interest in security is "at its zenith."

Appeals courts have issued conflicting opinions on how electronic devices fall under the "border search exception," a rule allowing warrantless searches that might otherwise be unconstitutional. [...] The exception is primarily intended for finding contraband or unauthorized entrants, but it applies to federal agents working within 100 miles of the US border — an area that covers most metropolitan areas.


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  • (Score: 2) by DeathMonkey on Friday February 12 2021, @07:13PM (5 children)

    by DeathMonkey (1380) on Friday February 12 2021, @07:13PM (#1112057) Journal

    I remember Obama running as a centrist focused on healthcare.

    I definitely DON'T remember Barak HUSSEIN Obama campaigning to roll back terrorism border security. That would have been a very dumb move on his part...

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  • (Score: 2) by DeVilla on Friday February 12 2021, @07:18PM (1 child)

    by DeVilla (5354) on Friday February 12 2021, @07:18PM (#1112064)

    I'll have to do some googling. I recall him planning to roll back all sort of patriot act inspired overreach like the warrantless wiretaps. He probably didn't call out the excessive boarder searches, but none the less people I know who voted for him expected him to fix that sort of thing right away, along with closing gitmo and a bunch of other stuff.

    • (Score: 2) by toddestan on Saturday February 13 2021, @06:16PM

      by toddestan (4982) on Saturday February 13 2021, @06:16PM (#1112369)

      I seem to remember him talking about stuff like that early in his primary campaign. Then (as a senator) he voted for telecom immunity and lost all credibility.

  • (Score: 1, Interesting) by Anonymous Coward on Friday February 12 2021, @07:51PM (1 child)

    by Anonymous Coward on Friday February 12 2021, @07:51PM (#1112075)

    Barak HUSSEIN Obama

    Tell me, what does Obama's middle name have to do with anything? Other than being a spotlight on your own conservatard stupidity, that is. (It's almost like you can't think up anything better to attack him on. Really shows your intelligence as there are a number of things he has and hasn't done that you could attack.)

    But seriously, please tell me. I'd really like to know.

    • (Score: 0) by Anonymous Coward on Friday February 12 2021, @08:11PM

      by Anonymous Coward on Friday February 12 2021, @08:11PM (#1112083)

      DM was poking fun at conservatives that freaked out about the name.

  • (Score: 0) by Anonymous Coward on Friday February 19 2021, @12:51PM

    by Anonymous Coward on Friday February 19 2021, @12:51PM (#1114817)

    that is a problem when dealing with muslims in that they lie freely