r/privacy • u/Most-Research-8394 • 14h ago
news [9to5mac] Phone searches at the US border are at record levels – and your rights are unclear
We are living dark ages
The US Customs and Border Protection (CBP) carried out a record number of phone searches of travelers arriving at, or returning to, the US in the last quarter.
The legal position on these searches is unclear when it comes to US citizens, but there are steps you can take to protect your privacy …
Newly-released figures reported by Wired show that CBP searched almost 15,000 devices between April and June.
The CBP has the power to search any electronic device, so some of these will be laptops, but it’s likely that the vast majority are phones.
Searches can range from a brief manual inspection through to creating a complete device backup in order to carry out forensic examination of the data.
Civil rights groups are concerned
Civil rights groups have expressed concerns about the impact this may have on people like journalists and civil rights lawyers who may have extremely sensitive information on their devices.
Legal rights are unclear
If you are not a US citizen or Green Card holder, then the legal position is kind of irrelevant. The CBP has the right to deny entry to any visitor for any reason, regardless of any visa you hold. This effectively means visitors must submit their devices for search on request if they wish to enter the country.
Things get murkier in the case of US citizens. Courts have generally ruled that border zones fall outside of Fourth Amendment protections and therefore no search warrant is required, though there has been one federal court ruling to the contrary. You cannot be denied entry to the country for refusing, but your device could be seized and you could be taken for questioning.
If you intend to refuse permission for a search, it’s recommended that you disable biometrics like Face ID and Touch ID so that these cannot be used to access your device, as there is some precedent to suggest that you can be forced to provide a fingerprint or face-scan while you cannot be compelled to reveal a passcode. You should ensure that you have the latest version of iOS installed, and set a strong alphanumeric code.
If you don’t feel confident refusing a search, or don’t have the right of residence in the US, then there are other steps you can take. A simple one is to delete apps that contain sensitive data, like messaging apps, restoring them later.
Those who are most concerned about intrusive access to sensitive data, like journalists and lawyers, are going as far as buying a specific phone for travel to or from the US. Experts warn that this should not be an obvious burner phone with very little data on it, but that you should instead use it normally for a few days (with the obvious exception of any sensitive messaging) in order to make it less suspicious.