port of entry and customs agent

Federal Court Rules That Warrantless Device Searches at Airports, Ports of Entry Violate Fourth Amendment

Under the terms of the ruling, border agents must demonstrate “individualized suspicion” of international travelers before officials can seize and search an electronic device.

Warrantless government searches of phones and laptops of international travelers at airports and American ports of entry are violations of the Fourth Amendment, a federal court in Boston ruled on Tuesday.

In 2017, the American Civil Liberties Union and the Electronic Frontier Foundation filed a lawsuit on behalf of 11 people whose devices were searched without warrants or “individualized suspicion” as they attempted to enter the United States. Ten of the travelers were American citizens, and one was a permanent U.S. resident, The Associated Press reported.

The court decision comes as the number of device searches at ports of entry has increased significantly. In 2018, the ACLU found that the federal government conducted more than 33,000 such searches, which was nearly four times the number of searches in 2015.

While the federal government has called the searches a crucial method to protect Americans from international and domestic threats, the ACLU and other advocacy groups have argued that they violate the rights of international travelers. Under the ruling, border officials would have to demonstrate “individualized suspicion of contraband before they can search a traveler’s device,” according to the ACLU.

“This ruling significantly advances Fourth Amendment protections for the millions of international travelers who enter the United States every year,” Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy, and Technology Project, said in a statement. “By putting an end to the government’s ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”

In previous statements about the lawsuit, the Department of Homeland Security said that all travelers, regardless of citizenship status, was subject to search by customs officers. They argue that important evidence of human trafficking, terrorism and intellectural property rights violations have been discovered as a result of the searches, according to the Associated Press.

However, the ACLU and other critics say that DHS officials’ targeting was too broad because officers were not only searching laptops and phones of targeted individuals but their associates, friends and families. Other searches were random, according to the DHS.

“This is a great day for travelers who now can cross the international border without fear that the government will, in the absence of any suspicion, ransack the extraordinarily sensitive information we all carry in our electronic devices," Sophia Cope, EFF senior staff attorney, said in a statement.

U.S. government officials have yet to make public statements on the ruling or if there are plans to appeal.

About the Author

Haley Samsel is an Associate Content Editor for the Infrastructure Solutions Group at 1105 Media.

Featured

  • Maximizing Your Security Budget This Year

    Perimeter Security Standards for Multi-Site Businesses

    When you run or own a business that has multiple locations, it is important to set clear perimeter security standards. By doing this, it allows you to assess and mitigate any potential threats or risks at each site or location efficiently and effectively. Read Now

  • New Research Shows a Continuing Increase in Ransomware Victims

    GuidePoint Security recently announced the release of GuidePoint Research and Intelligence Team’s (GRIT) Q1 2024 Ransomware Report. In addition to revealing a nearly 20% year-over-year increase in the number of ransomware victims, the GRIT Q1 2024 Ransomware Report observes major shifts in the behavioral patterns of ransomware groups following law enforcement activity – including the continued targeting of previously “off-limits” organizations and industries, such as emergency hospitals. Read Now

  • OpenAI's GPT-4 Is Capable of Autonomously Exploiting Zero-Day Vulnerabilities

    According to a new study from four computer scientists at the University of Illinois Urbana-Champaign, OpenAI’s paid chatbot, GPT-4, is capable of autonomously exploiting zero-day vulnerabilities without any human assistance. Read Now

  • Getting in Someone’s Face

    There was a time, not so long ago, when the tradeshow industry must have thought COVID-19 might wipe out face-to-face meetings. It sure seemed that way about three years ago. Read Now

    • Industry Events
    • ISC West

Featured Cybersecurity

Webinars

New Products

  • Luma x20

    Luma x20

    Snap One has announced its popular Luma x20 family of surveillance products now offers even greater security and privacy for home and business owners across the globe by giving them full control over integrators’ system access to view live and recorded video. According to Snap One Product Manager Derek Webb, the new “customer handoff” feature provides enhanced user control after initial installation, allowing the owners to have total privacy while also making it easy to reinstate integrator access when maintenance or assistance is required. This new feature is now available to all Luma x20 users globally. “The Luma x20 family of surveillance solutions provides excellent image and audio capture, and with the new customer handoff feature, it now offers absolute privacy for camera feeds and recordings,” Webb said. “With notifications and integrator access controlled through the powerful OvrC remote system management platform, it’s easy for integrators to give their clients full control of their footage and then to get temporary access from the client for any troubleshooting needs.” 3

  • Camden CV-7600 High Security Card Readers

    Camden CV-7600 High Security Card Readers

    Camden Door Controls has relaunched its CV-7600 card readers in response to growing market demand for a more secure alternative to standard proximity credentials that can be easily cloned. CV-7600 readers support MIFARE DESFire EV1 & EV2 encryption technology credentials, making them virtually clone-proof and highly secure. 3

  • Compact IP Video Intercom

    Viking’s X-205 Series of intercoms provide HD IP video and two-way voice communication - all wrapped up in an attractive compact chassis. 3