BOSTON (Reuters) – A federal judge on Tuesday ruled that the border of the u.s. the agents have “reasonable suspicion”, but it is not in order to search for travellers with smartphones and laptops at airports and other U.S. ports of entry, a practice that has grown in the last couple of years.
U. s. District court Judge Denise Casper in the Boston, considered in a criminal action, 11 passengers that border officials need to be able to point to specific facts to justify a search of someone’s equipment for contraband like child pornography, counterfeiting of the media.
This is a much higher standard than the agents in the U. s. Customs and Border Protection and U.s. Immigration and Customs Enforcement, under the current policy, it is necessary to use the application to carry out routine searches of electronic devices.
She told me that, while the officers have a “paramount” interest in the protection of the frontier, and the privacy interests of travelers whose troves of personal data, may be searched without any cause, had to be balanced against it.
“This requirement reflects the important privacy interests that are involved in the search of electronic devices, and the Defendant’s administrative interests at the border,” Casper wrote.
The judge said that the levels of the CBP and ICE policies allowed such searches without any cause, they are in violation of the U.S. Constitution’s Fourth Amendment protection against unreasonable searches and seizures.
However, Casper has declined to force the agents to have probable cause, and to secure warrants for the search of the appliances, a high standard is being sought by the plaintiffs ‘ lawyers at the American Civil Liberties Union and the Electronic Frontier Foundation.
Esha Bhandari, an attorney with the ACLU, said in a statement that the ruling “is significant progress in the Fourth Amendment is the protection for the millions of international travelers coming to the United States of america each and every year.”
“By putting an end to the ability of the government to conduct suspicionless fishing expeditions, the court confirms once again that the border is not a lawless place, and that we do not lose our privacy rights when we set out on a journey,” Bhandari said.
The AUTHORITY does not have an immediate comment.
The number of electronic-device searches at the border, and has grown up during the Republic’s President, Donald Trump, the administration, and rising on a year to year basis of around 8,500 by 2015, more than 30,000 by 2018, according to the ACLU.
The civil rights group and the EFF filed the lawsuit in march of 2017, on behalf of 10 U.S. citizens and lawful resident whose devices were searched without a warrant.
Some of the Muslims or the minorities. The passengers included a military veteran, a National Aeronautics and Space Administration, is an engineer, two journalists, and a computer programmer.
Reporting by Nate Raymond in Boston; Editing by Leslie Adler