Crossing the U.S. Border? Keep Your Electronic Devices Safe from Searches.
It’s not difficult to attract the attention of government officials, especially if you have a relatively high profile in business, political activism, or journalism. That can lead to difficulty crossing borders, even in countries with relatively firm civil liberties protections, such as the United States. Officials at border crossings often have powers beyond those of police within the country, meaning that even returning citizens might have to submit to searches of their possessions and their electronic devices. But travelers can take steps to keep information safe and beyond the reach of nosy enforcers.
Growing Scrutiny at the Border
“A growing number of news reports indicate that travelers heading to the US are facing scrutiny at the border, with some subjected to electronic-device searches,” Sarah Grevy Gotfredsen of the Columbia Journalism Review reported in April. Gotfredsen cited the case of Jeremy Dupin, a documentary filmmaker who, upon returning to the U.S. from a trip to Haiti, was interrogated and pressured to provide his phone password.
“With my phone unlocked, agents were able to access some of my most sensitive reporting work, including communications with editors about particular projects and photographs taken while on assignment,” he wrote about the incident. “After extensively questioning me about my work for several hours, agents finally let me go.”
Journalists have been specifically targeted based on their work, according to a 2019 story by San Diego’s NBC affiliate. “In addition to flagging the individuals for secondary screenings, the Homeland Security source told NBC 7 that the agents also created dossiers on each person listed,” the story noted.
All Merchandise and Persons Are Subject to Inspection
For its part, Customs and Border Protection (CBP) claims that “all merchandise and persons crossing the border, both inbound and outbound, are subject to inspection by CBP pursuant to its authority to enforce immigration, customs, and other federal laws at the border. CBP’s search authority extends to all persons and merchandise, including electronic devices, crossing our nation’s borders.” A separate document details the legal authority for the search policy.
CBP divides its searches of electronic devices into “basic searches” which can be conducted “with or without suspicion” and “advanced searches.” Of basic searches, CBP adds, “this search may reveal informati
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