The Electronic Frontier Foundation launches that it is unconstitutional to inspect a smartphone or laptop computer at entry time
byU. S. Customs and Border Protection
When the traveler enters the U.S., the US government inspects and confiscates electronic devices such as travelers' smartphones and notebook PCs without any explanation, without warrantUnited States Customs and Border Protection Bureau(CBP) staff, and this is criticized as "it infringes freedom". Device inspection at the border is also a matter of lawsuit,Electronic Frontier Foundation(EFF) are also acting to abolish the device inspection.
EFF's Fight to End Warrantless Device Searches at the Border: A Roundup of Our Advocacy | Electronic Frontier Foundation
Ten US citizens and one legal permanent resident entered the Department of Homeland Security (DHS) in September 2017, as it is illegal to inspect mobile phones and notebook PCs for justifiable reasons for immigration to the United States I complained against it. One of the plaintiffs returned from the business trip to Dubai on business trips when they tried to enter the country and confiscated their work and personal mobile phones and the work phone that taught the pass code was returned after two months, Personal phone that did not teach the code said that it has not come back even seven months.
US citizen complained the government, "Unauthorized electronic equipment inspection at the time of immigration review is illegal" | World | Breaking news | Newsweek Japan Official site
Such device inspection at the time of transcending national borders is regarded as a problem as violating individual freedom, but on the other handUnited States Customs and Border Protection Bureau(CBP) announced new guidelines including travel matter inspection items on electronics on January 4, 2018.
CBP Directive No. 3340-049 A: Border Search of Electronic Devices | U.S. Customs and Border Protection
US Customs and Border Protection Publishes New Rules for Searching Electronic Devices
In the guidelines, border police clearly defined "Basic Search" and "Advanced Search" for the first time on the premise that the border police officer can inspect the electronic equipment of travelers entering the United States. According to the guidelines, CBP officials can conduct basic inspection for travelers regardless of suspicion, but the data that can be investigated by basic inspection is only those stored on the device, and the remote environment such as the cloud It is said that certain data will not be subject to inspection.
With EFFThe American Free Human Rights Association(ACLU) is an American citizen sued CBP opponent "Alasaad v. Nielsen"We have announced that we have submitted a brief case abstract regarding the case. By device inspection, CBP officials can learn from the mail · text message · photos · browser browsing history in the device, from the owner's health status · religious · political belief · sexual preference. In the abstract EFF says, "To inspect a device at the border without a warrantFirst Amendment to the Constitution of the United States of AmericaIt is an infringement of Article 4 and Article 4, "claiming that it infringes privacy and freedom of speech.
The practice of inspecting travelers' devices when entering the United States was born under the Bush administration, continued under the Obama administration, even under the Trump regime. But,United States Department of Homeland SecurityAccording to the DHS, the number of examinations has increased sharply since President Trump has assumed office, and in 2012 it was 5085 cases in 2017 to 30,200 cases. It jumped to about 6 times the figure. However, past judicial precedents indicate that it is required by Article 4 of the amendment that "a warrant as a motive for the inspection of travelers' electronic equipment at the border is necessary".
In addition to submitting an abstract, the EFF willProtecting Data at the Border Act(Data protection law at the border). The content of this law is that it requires an appropriate warrant when examining electronic equipment owned by American citizens and lawful permanent residents at the border. Also, when US citizens refuse to pass device passwords or online account information, they prohibit acts of refusing or delaying entry and departure.
In addition, the EFF also publishes a travel guide so that visitors can understand the risks that they may experience when trying to cross the border. This guide states that in order to protect travelers' digital data, it preliminarily shows the options that can be taken when a specific situation comes up.
Digital Privacy at the U.S. Border: Protecting the Data on Your Devices | Electronic Frontier Foundation