ACLU, EFF File Lawsuit Over Warrantless Phone Searches
The American Civil Liberties Union and the Electronic Frontier Foundation have sued the Department of Homeland Security for searching American citizens' smartphones at the border without a warrant. Specifically, the groups say the Customs and Border Protection and Immigration and Customs Enforcement agencies have delayed citizens' entry into the country lest they give up smartphone passwords. In some cases, Customs held onto the devices for weeks and months at a time. The ACLU and EFF, which have filed lawsuits on behalf of a dozen impacted Americans, say the searches violate the Fourth Amendment. "People now store their whole lives, including extremely sensitive personal and business matters, on their phones, tablets and laptops and it's reasonable for them to carry these with them when they travel," said foundation attorney Sophia Cope. "It's high time that the courts require the government to stop treating the border as a place where they can end-run the Constitution." The Department of Homeland Security contends it has a right to inspect all goods entering the country. Many U.S. courts have sided with the Fourth Amendment on this issue, requiring law enforcement to obtain a warrant before searching the contents of mobile devices. The ACLU and EFF filed their case in the U.S. District Court for the District of Massachusetts.
Mar 13, 2018
The American Civil Liberties Union wants to know more about the Transportation Security Administration's policies concerning searches of electronic devices on domestic flights. As such, the ACLU has file a Freedom of Information Act lawsuit against the TSA seeking the agency's records.
May 23, 2019
A proposed bipartisan law in the Senate would require a warrant for border agents to search electronic devices such as phones, or demand access to online accounts such as social media. The law protects all digital content of devices, and requires a warrant for passwords, PINs, and biometric authentication such as a fingerprint or face.
Mar 15, 2018
The CLOUD Act would give law enforcement both at home and abroad new access to Americans' personal data in violation of the Fourth Amendment, according to the Electronic Frontier Foundation. The CLOUD Act (H.R.
Nov 12, 2019
A federal judge today ruled that US border agents can't search travelers devices without "reasonable suspicion". Although they can still search devices without a warrant, they now need a specific reason to do so.
Jun 17, 2019
An Israeli company that supplies law enforcement agencies worldwide announced that the newest version of its tool to access locked phones can access almost any smartphone, including Apple devices running iOS 7-12.3 and most Android phones. The company, Cellebrite, promises that its new UFED Premium device offers nearly complete access to Apple devices and "flagship Samsung devices", as well as support for accessing the file system on "popular device models from Motorola, Huawei, LG and Xiaomi."