The U.S. Court of Appeals for the First Circuit ruled earlier this week that Customs and Border Protection agents may conduct warrantless searches of cellphones and electronic devices at the U.S. border, in a ruling that is already raising privacy questions among digital rights advocates. The decision, issued by a panel of judges and authored by Judge Sandra Lynch, states that the government’s interest in searching persons at the border is “at its zenith,” therefore trumping privacy concerns. “Electronic device searches do not fit neatly into other categories of property searches, but the bottom line is that basic border searches of electronic devices do not involve an intrusive search of a person,” Lynch writes. The decision is at odds with an earlier district court finding that these kinds of searches violate the Fourth Amendment because there’s no assurance there is a “reasonable suspicion” that the devices in question contained digital […]
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