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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."
Sounds like a guy I'd like to drink beer with!
i thought there was a much, much older 'bill' that already covered this?
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.
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.
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?
My understanding is that the current precedent is that the fourth amendment doesn't apply at the border. With a new law explicitly dealing with this border situation, any precedential mushy interpretation of the fourth is irrelevant. If they write it tightly, the justices won't have a way to creatively interpret it, either. We'll see how it goes...
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.
Do you have ESP?
> the current precedent is that the fourth amendment doesn't apply at the border.
It applies to US citizens at the boarder. EFF is a bit tongue in cheek when they call it a constitution free zone. The current ruling (as I understand) is that crossing the boarder is probable cause and because it is needed to perform the governments constitutional right to secure our boarders inspecting possessions is allowed.
That they extended that to searching records, held in devices. And that they can hold even citizens for a couple days and impose a fine if they do not unlock devices when they cross... is a big stretch to the rules in my opinion.
I once crossed into the US in a tiny crossing, way out in the woods.
As we were 4 hours into a 12 hours drive, we stepped out of the car. Since we were the only car, all the officers were out, one for each occupant of the car.
I was wearing a fanny pack, and “my” officer asked me what’s in there. “My money and papers and keys” (back then, we did not need passports to go in the US). But I handed him the pack, and he looks at the wallet, then hits the small change compartment. While he was running his finger through the coin, he made the face that you expect from an old pervert would do while sniffing out used japanese schoolgirl panties. The only thing that wasn’t there were the drooling sounds, but maybe I didn’t hear them because I wasn’t really paying attention for that kind of thing
These creeps are seriously fucked-up in the head.