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

  • CISA Kicks Off 20th Anniversary of Cybersecurity Awareness Month

    CISA Kicks Off 20th Anniversary of Cybersecurity Awareness Month

    The Cybersecurity and Infrastructure Security Agency (CISA) recently announced the kickoff of the 20th Cybersecurity Awareness Month. Throughout October, CISA and the National Cybersecurity Alliance (NCA) will focus on ways to “Secure Our World” by educating the public on how to stay safe online. Read Now

  • Cybersecurity Awareness Month: Top Five Action Items to Elevate Your Data Security Posture Management and Secure Your Data

    October is Cybersecurity Awareness Month, and every year most tips for security hygiene and staying safe have not changed. We’ve seen them all – use strong passwords, deploy multi-factor authentication (MFA), be vigilant to spot phishing attacks, regularly update software and patch your systems. These are great recommended ongoing tips and are as relevant today as they’ve ever been. But times have changed and these best practices can no longer be the bare minimum. Read Now

  • Boosting Safety and Efficiency

    Boosting Safety and Efficiency

    In alignment with the state of Mississippi’s mission of “Empowering Mississippi citizens to stay connected and engaged with their government,” Salient's CompleteView VMS is being installed throughout more than 150 state boards, commissions and agencies in order to ensure safety for thousands of constituents who access state services daily. Read Now

  • Live From GSX: Post-Show Review

    Live From GSX: Post-Show Review

    This year’s Live From GSX program was a rousing success! Again, we’d like to thank our partners, and IPVideo, for working with us and letting us broadcast their solutions to the industry. You can follow our Live From GSX 2023 page to keep up with post-show developments and announcements. And if you’re interested in working with us in 2024, please don’t hesitate to ask about our Live From programs for ISC West in March or next year’s GSX. Read Now

    • Industry Events
    • GSX

Featured Cybersecurity

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

  • FEP GameChanger

    FEP GameChanger

    Paige Datacom Solutions Introduces Important and Innovative Cabling Products GameChanger Cable, a proven and patented solution that significantly exceeds the reach of traditional category cable will now have a FEP/FEP construction. 3

  • EasyGate SPT and SPD

    EasyGate SPT SPD

    Security solutions do not have to be ordinary, let alone unattractive. Having renewed their best-selling speed gates, Cominfo has once again demonstrated their Art of Security philosophy in practice — and confirmed their position as an industry-leading manufacturers of premium speed gates and turnstiles. 3