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The U.S. Customs and Border Protection Agency has updated its guidelines for electronic border searches, adding new detail to border search rules that were last officially updated in 2009. The Verge reports: Officers can still request that people unlock electronic devices for inspection when they're entering the U.S., and they can still look through any files or apps on those devices. But consistent with a statement from acting commissioner Kevin McAleenan last summer, they're explicitly banned from accessing cloud data -- per these guidelines, that means anything that can't be accessed while the phone's data connection is disabled. The guidelines also draw a distinction between "basic" and "advanced" searches. If officers connect to the phone (through a wired or wireless connection) and copy or analyze anything on it using external devices, that's an advanced search, and it can only be carried out with reasonable suspicion of illegal activity or a national security concern. A supervisor can approve the search, and "many factors" might create reasonable suspicion, including a terrorist watchlist flag or "other articulable factors."

The U.S. Customs and Border Protection Agency has updated its guidelines for electronic border searches, adding new detail to border search rules that were last officially updated in 2009. The Verge reports: Officers can still request that people unlock electronic devices for inspection when they're entering the U.S., and they can still look through any files or apps on those devices. But consistent with a statement from acting commissioner Kevin McAleenan last summer, they're explicitly banned from accessing cloud data -- per these guidelines, that means anything that can't be accessed while the phone's data connection is disabled. The guidelines also draw a distinction between "basic" and "advanced" searches. If officers connect to the phone (through a wired or wireless connection) and copy or analyze anything on it using external devices, that's an advanced search, and it can only be carried out with reasonable suspicion of illegal activity or a national security concern. A supervisor can approve the search, and "many factors" might create reasonable suspicion, including a terrorist watchlist flag or "other articulable factors."

schwit1 quotes a report from Politico: Since Tuesday, foreign travelers arriving in the United States on the visa waiver program have been presented with an "optional" request to "enter information associated with your online presence," a government official confirmed Thursday. The prompt includes a drop-down menu that lists platforms including Facebook, Google+, Instagram, LinkedIn and YouTube, as well as a space for users to input their account names on those sites. The new policy comes as Washington tries to improve its ability to spot and deny entry to individuals who have ties to terrorist groups like the Islamic State. But the government has faced a barrage of criticism since it first floated the idea last summer. The Internet Association, which represents companies including Facebook, Google and Twitter, at the time joined with consumer advocates to argue the draft policy threatened free expression and posed new privacy and security risks to foreigners. Now that it is final, those opponents are furious the Obama administration ignored their concerns. The question itself is included in what's known as the Electronic System for Travel Authorization, a process that certain foreign travelers must complete to come to the United States. ESTA and a related paper form specifically apply to those arriving here through the visa-waiver program, which allows citizens of 38 countries to travel and stay in the United States for up to 90 days without a visa. "There are very few rules about how that information is being collected, maintained [and] disseminated to other agencies, and there are no guidelines about limiting the government's use of that information," said Michael W. Macleod-Ball, chief of staff for the American Civil Liberties Union's Washington office. "While the government certainly has a right to collect some information... It would be nice if they would focus on the privacy concerns some advocacy groups have long expressed."

mytrip sends a reminder that starting today, visitors to the US from 35 visa-waiver countries will be required to register online with the Department of Homeland Security in advance. The DHS is asking people to go online for the ESTA program 72 hours before traveling, but they can register any amount of time ahead. Approval, once granted, is good for 2 years. DHS says that most applications are approved in 4 seconds. If an application is rejected, the traveler will have to go to a US embassy and get a visa. CNet reports that information from applications will be retained for 12 years, and eventually up to 75 years.

andy1307 writes with a Washington Post story giving details of Department of Homeland Security policies for border searches of laptops and other electronic devices (as well as papers). (We have been discussing border searches for a while now.) DHS says such procedures have long been in place but were "disclosed last month because of public interest in the matter," according to the article. Here is a link to the policy (PDF, 5 pages). "Federal agents may take a traveler's laptop or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed. Also, officials may share copies of the laptop's contents with other agencies and private entities for language translation, data decryption, or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, US Customs and Border Protection and US Immigration and Customs Enforcement... DHS officials said that the newly disclosed policies — which apply to anyone entering the country, including US citizens — are reasonable and necessary to prevent terrorism... The policies cover 'any device capable of storing information in digital or analog form,' including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover 'all papers and other written documentation,' including books, pamphlets and 'written materials commonly referred to as "pocket trash..."'"