“The court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”
In a development that the Electronic Frontier Foundation declared “an enormous victory for privacy,” a federal judge in Boston ruled Tuesday that suspicionless searches of travelers’ phones, laptops, and other electronic devices by government agents at U.S. ports of entry are unconstitutional.
“This 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,” EFF senior staff attorney Sophia Cope said in a statement.
The lawsuit, Alasaad v. McAleenan, was filed by EFF, the national ACLU, and ACLU of Massachusetts on behalf of 10 U.S. citizens and one lawful permanent resident who had their devices searched without warrants. The suit named as defendants the Department of Homeland Security and two agencies it oversees–Customs and Border Protection as well as Immigration and Customs Enforcement.