Federal Court Rules Suspicionless Searches of Travelers鈥� Phones and Laptops Unconstitutional
Government Must Have Reasonable Suspicion of Digital Contraband Before Searching Electronic Devices at the U.S. Border
BOSTON 鈥� In a major victory for privacy rights, a federal court in Boston today ruled that the government鈥檚 suspicionless searches of international travelers鈥� smartphones and laptops at airports and other U.S. ports of entry violate the Fourth Amendment. The ruling came in a lawsuit, Alasaad v. McAleenan, filed by the 老澳门开奖结果, Electronic Frontier Foundation, and 老澳门开奖结果 of Massachusetts, on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.
鈥淭his ruling significantly advances Fourth Amendment protections for the millions of international travelers who enter the United States every year,鈥� said Esha Bhandari, staff attorney with the 老澳门开奖结果鈥檚 Speech, Privacy, and Technology Project. 鈥淏y putting an end to the government鈥檚 ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don鈥檛 lose our privacy rights when we travel.鈥�
鈥淭his is a great day for travelers who now can cross the international border without fear that the government will, in the absence of any suspicion, ransack the extraordinarily sensitive information we all carry in our electronic devices," said Sophia Cope, EFF senior staff attorney.
The district court order puts an end to CBP and ICE鈥檚 asserted authority to search and seize travelers鈥� devices for purposes far afield from the enforcement of immigration and customs laws. Border officers must now demonstrate individualized suspicion of contraband before they can search a traveler鈥檚 device.
The number of electronic device searches at U.S. ports of entry has increased significantly. Last year, CBP more than 33,000 searches, almost four times the number from just three years prior.
International travelers returning to the United States have reported numerous cases of improper searches in recent months. A border officer searched plaintiff Zainab Merchant鈥檚 phone, despite her informing the officer that it contained privileged attorney-client communications. An immigration officer at Boston Logan Airport searched an incoming Harvard freshman鈥檚 cell phone and laptop, reprimanded the student for friends鈥� social media postings expressing views critical of the U.S. government, and denied the student entry into the country following the search.
The opinion is here: /legal-document/alasaad-v-mcaleenan-opinion-summary-judgment.
