New CBP Border Device Search Policy Still Permits Unconstitutional Searches | Electronic Frontier Foundation

JANUARY 8, 2018

U.S. Customs and Border Protection (CBP) issued a new policy on border searches of electronic devices that’s full of loopholes and vague language and that continues to allow agents to violate travelers’ constitutional rights. Although the new policy contains a few improvements over rules first published nine years ago, overall it doesn’t go nearly far enough to protect the privacy of innocent travelers or to recognize how exceptionally intrusive electronic device searches are.

Nothing announced in the policy changes the fact that these device searches are unconstitutional, and EFF will continue to fight for travelers’ rights in our border search lawsuit.

Below is a legal analysis of some of the key features of the new policy.

Read analysis….