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Border Patrol Says It's Barred From Searching Cloud Data On Phones (nbcnews.com)

According to a letter obtained by NBC News, U.S. border officers aren't allowed to look at any data stored only in the "cloud" -- including social media data -- when they search U.S. travelers' phones. "The letter (PDF), sent in response to inquiries by Sen. Ron Wyden, (D-Ore.), and verified by Wyden's office, not only states that CBP doesn't search data stored only with remote cloud services, but also -- apparently for the first time -- declares that it doesn't have that authority in the first place." From the report: In April, Wyden and Sen. Rand Paul, R-Ky., introduced legislation to make it illegal for border officers to search or seize cellphones without probable cause. Privacy advocates and former Homeland Security lawyers have said they are alarmed by how many phones are being searched. The CBP letter, which is attributed to Kevin McAleenan, the agency's acting commissioner, is dated June 20, four months after Wyden asked the Department of Homeland Security (PDF), CBP's parent agency, to clarify what he called the "deeply troubling" practice of border agents' pressuring Americans into providing passwords and access to their social media accounts. McAleenan's letter says officers can search a phone without consent and, except in very limited cases, without a warrant or even suspicion -- but only for content that is saved directly to the device, like call histories, text messages, contacts, photos and videos.

1 of 74 comments (clear)

  1. Funding and support by AHuxley · · Score: -1, Troll

    If you entering the USA again anything you have done to support banned groups is open to question.
    Very important political funding and membership questions are asked.
    Why should a person be able to hide their support during a holiday using a cloud product? Re enter the USA and remain undetected due to the cloud loophole?

    That is why social media access is so vital. The accounts often show funding of, support for and membership in banned organisations and groups.
    That a person of interest traveled into a third nation outside their holiday visa to support and fund a banned group.
    Images of the person with banners and party slogans and party members might exist on social media.

    Would any normal gov accept a request by a citizen to not open a bag when entering to their own nation?
    Not to look digital images on a camera card?
    Why would the "cloud" now get to hide support for banned groups and funding of banned groups?
    Or get to hide gps in images on a cloud service that showed a persons travel into nations that would allow for further questions?
    Or contacts with or emails from a banned groups and individuals of interest?
    Supporting, been a member of banned groups or funding banned groups is not legal and any information on such efforts should be open to investigation on any digital product.

    --
    Domestic spying is now "Benign Information Gathering"