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Fourth Amendment

Border Guards Now Snatching and Searching 5,000 Cellphones a Month

Think you have a right to your own property and information at the airport? Not one that law enforcement recognizes.

Matt Welch | 3.14.2017 2:39 PM

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Large image on homepages | Alexander Ransom
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Ha ha, good luck. ||| Electronic Frontier Foundation
Electronic Frontier Foundation

As Scott Shackford laid out in detail last month, there is a renewed journalistic interest during the Trump presidency in documenting aggressive Customs and Border Protection searches that long pre-date Donald Trump's election. This is particularly true of practices that—like many crackdowns on illegal immigrants and/or terrorists—restrict the freedom and arguably infringe on the rights of perfectly law-abiding U.S. citizens.

NBC News has a thorough report out on a tactic that hits close to home: CBP agents snatching Americans' cell phones at the border, demanding passwords, swiping information, and sharing copiously with other federal law enforcement agencies. Here's the nut:

Data provided by the Department of Homeland Security shows that searches of cellphones by border agents has exploded, growing fivefold in just one year, from fewer than 5,000 in 2015 to nearly 25,000 in 2016.

According to DHS officials, 2017 will be a blockbuster year. Five-thousand devices were searched in February alone, more than in all of 2015. […]

DHS has published more than two dozen reports detailing its extensive technological capability to forensically extract data from mobile devices, regardless of password protection on most Apple and Android phones. The reports document its proven ability to access deleted call logs, videos, photos, and emails to name a few, in addition to the Twitter, Facebook, and Instagram apps.

Some Americans are also getting their cell phones swiped while leaving the country, with a CBP spokesperson telling NBC that agents may be acting on concerns over industrial policy, whatever the hell that means. "CBP has adapted and adjusted to align with current threat information, which is based on intelligence," is how the spokesperson explained the sharp increase.

The NBC News piece has other tales of individual outrage, including quotes from those detained and searched, plus legal analysis that mostly amounts to: We're screwed. Scott Shackford's post contains plenty of other information, including about counter legislation being introduced by Sen. Ron Wyden (D-Oregon). This New York Times how-to suggests we get in the habit of buying travel burner phones. This keeps up and even technologically incompetent Americans (coughs) will deploy the evasion techniques of master criminals.

Below, enjoy some fiction, from Reason TV:

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NEXT: Snowden at SXSW: Don't Believe Their Word Games; The NSA Collects Data on Us All

Matt Welch is an editor at large at Reason.

Fourth AmendmentImmigrationTerrorismMedia Criticism
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  1. Crusty Juggler - #2   8 years ago

    "Snatching and Searching" was my nickname in college.

    1. AlmightyJB   8 years ago

      I thought it was "stop doing that!"

  2. AlmightyJB   8 years ago

    Looks like we're going to need a bigger woodchipper.

    1. Citizen X - #6   8 years ago

      A Bigger Woodchipper was my nickname in college.

  3. Diane Reynolds (Paul.)   8 years ago

    elling NBC that agents may be acting on concerns over industrial policy, whatever the hell that means.

    Hard to say.

    If the pressured and nuanced questions I was getting from the Canadian Border Protection services tells us anything, it might mean they're trying to find out what kind of work you're doing/going to do etc. in an attempt to protect American (Canadian in my case) economic interests.

    But that's just a wild stab in the dark, which what you feel when you share a sleeping bag with Crusty.

  4. Fist of Etiquette   8 years ago

    POST THE LOST EPISODE.

    1. Citizen X - #6   8 years ago

      Matt Welch was my nickname in college.

      1. AlmightyJB   8 years ago

        I thought it was "stop bothering me"

      2. Not a True MJG   8 years ago

        I doubt that's true.

      3. Fist of Etiquette   8 years ago

        Get a haircut, Goldilocks. You look like a girl.

  5. AlmightyJB   8 years ago

    Hi, I'm a gorilla with no brain. Do what I say or me and my buddy gorillas here are going to stomp on your face. ~ government

    1. wef   8 years ago

      thugs gotta thug

  6. Hugh Akston   8 years ago

    "CBP has adapted and adjusted to align with current threat information, which is based on intelligence,"

    Much clearer. Thank you.

  7. SIV   8 years ago

    According to NBC Trump really ramped up the warrant less data border-searches in 2016. Even Obama wasn't immune to being emboldened by Trump's rhetoric.

  8. sarcasmic   8 years ago

    We have a legal right to refuse searches without warrants. Though because those who enforce the law are in no way obligated to abide by it, doing so will result in being detained, arrested, robbed, and severely beaten if you object.

    1. techgump   8 years ago

      Hit the nail on the head. A total and complete lack of accountable for breaking laws by Gov't agents results in nothing short of a total loss of Rights at the will of agents.

    2. IceTrey   8 years ago

      Customs has different rules.

  9. Agile Cyborg   8 years ago

    Nothing alarms law enforcement more than citizens going about their constitutional existences- so 'adapt and adjust' to this pack of threateners the surveillance bureaucracies will.

  10. Fuck You - Cut Spending   8 years ago

    Blackberry's revenge.

  11. Memory Hole   8 years ago

    "Our cruel and unrelenting Enemy leaves us no choice but a brave resistance, or the most abject submission; this is all we can expect - We have therefore to resolve to conquer or die: ...Let us therefore animate and encourage each other, and shew the whole world, that a Freeman contending for Liberty on his own ground is superior to any slavish mercenary on earth."

    ? George Washington

  12. Mahesh Raju   8 years ago

    According to NBC Trump really ramped up the warrant less data border-searches in 2016. Zapya for PC and Zapya for windows

  13. Mahesh Raju   8 years ago

    'adapt and adjust' to this pack of threateners the surveillance bureaucracies will. iMessage on PC and iMessage for PC

  14. chigg   8 years ago

    Very nice posting. Your article us quite informative. Thanks for the same. Our service also helps you to market your products with various marketing strategies, right from emails to social media.
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