Bill Would Stop Warrantless Border Device Searches of US Citizens (cnn.com)

Senators Ron Wyden and Rand Paul as well as Reps. Jared Polis and Blake Farenthold have introduced legislation that would require law enforcement to first obtain a warrant before they can search our electronic devices when we enter the United States. From a report: A new bipartisan bill would prevent Americans' electronic devices from being searched at the border without a warrant, a response to an increase in such electronic searches. The bill would require a warrant before agents could search Americans' phones, laptops and other devices at entries to the US, including airports and border crossings. "Americans' constitutional rights shouldn't disappear at the border," Wyden said in a statement. "By requiring a warrant to search Americans' devices and prohibiting unreasonable delay, this bill makes sure that border agents are focused on criminals and terrorists instead of wasting their time thumbing through innocent Americans' personal photos and other data."

Comments

huh - how did we get to this point?

[rogoshen1]

i thought there was a much, much older 'bill' that already covered this?

Re: huh - how did we get to this point?

[bigpat]

So we can dispense with constitutional rights as long as we declare US soil not to be US soil for the purposes of that particular constitutional right?...

The rule of law is untenable when so easily tossed aside when inconvenient to the government.

One of two things will happen

[cdrudge]

"Americans' constitutional rights shouldn't disappear at the border,"

One of two things will happen:

1. Customs inspection will be moved from US soil to foreign soil if it wasn't already there. There. Problem solved. Your constitutional right never disappeared at the border because you never crossed it.

2. You'll be asked to consent to search your device/property. Those that consent will be searched and allowed to go on their merry way if nothing is found. Those that don't consent will be redirected to holding pen where at minimum a lengthy process will commence to obtain a warrant. Best case, you lose a few hours, miss your connecting flight, and are now on a watch list for suspected activity which will increasingly delay future entrances. Worst case, you're never heard from again.

Re:One of two things will happen

[El Cubano]

Customs inspection will be moved from US soil to foreign soil if it wasn't already there. There. Problem solved. Your constitutional right never disappeared at the border because you never crossed it.

I don't think that this would hold up. There are US laws which apply to US citizens overseas. For example, if you live and work abroad as a US citizen, you still owe taxes to the federal government (usually offset by some amount of taxes you have paid to the foreign country in which you live work, subject to any tax treaties that are in effect). Also, if you travel overseas, for example, to engage in prostitution with minors the US government can prosecute you on your return. If the government exerts the force of law in such manner over its citizens for things they do outside the country, then they would have to likewise respect their rights as citizens even when they are outside the country. Of course, I wouldn't put it past the government to try something like what you are suggesting. But I would also expect the ensuing court challenges to be successful.

How is this currently legal?

[reginaldo]

I don't understand how this isn't currently the law. By seizing and searching my cellphone and social media accounts, law enforcement officers are basically searching my property on a server somewhere in the world, and using that to determine whether I have or will commit a crime. Can law enforcement agents go through my home without a warrant if I am trying to pass the borders? What is the difference between my digital and physical property? Regardless, it is doubtful that this bill will pass any time soon given the current state of congress.

Re:How is this currently legal?

[mrchaotica]

Also, what about non-Americans? Citizens and aliens don't have the same rights, privileges or obligations by law...

This is a common misconception, at least when it comes to the Bill of Rights. Most of the amendments in it are not written to declare that "citizens shall have X right;" instead, they are written that "the US Government shall not infringe upon X right that the people have." In other words, the Bill of Rights presumes that the rights in question a priori exist as natural rights and prohibits the government from doing anything that violates them. Since non-citizens are a subgroup of "all people," and since non-US territory is a subgroup of "everywhere," the government is just as much prohibited from infringing the rights of foreigners or committing extraterritorial acts of infringement as it is for infringing the rights of US citizens on US soil.

That's the theory, anyway. Unfortunately, the CBP, TSA, and other TLAs are doing all sorts of unconstitutional shit and the Supreme Court apparently can't be bothered to stop them.

The government won't enforce this new law either

[zerofoo]

If the government isn't willing to recognize the protections of the 4th amendment, why would the government recognize the protections of this new law?

The bill would stop it?

[Trailer Trash]

Unlikely. If you want to actually stop it, the behavior has to be criminalized - you know, like they do for any law that doesn't involve government workers.

It needs to simply be "Searching an electronic device at the border or anywhere within the US without a warrant shall be a class ___ misdemeanor punishable by a fine of up to $____ and/or up to 1 year in jail. It shall also create a civil cause of action with damages of at least $10,000 per incident, with each device being a separate incident. No government entity shall indemnify against any such liability."

That's how you actually stop it. It's really not difficult, although I'm sure the border patrol would have a cow. Not that I care what they think.