New Rules For Border Inspection Of Electronic Devices

"New Rules Announced for Border Inspection of Electronic Devices":

The U.S. Customs and Border Patrol announced new restrictions on when agents can copy data from digital devices at border crossing points.

Agents now need “reasonable suspicion” in advance of searches of phones, computers, tablets, cameras or any other digital device belonging to people entering or leaving the United States. Border agents will also be restricted from accessing data stored remotely in the cloud.

The new guidance published (PDF) on Friday update existing rules introduced in 2009 regarding “advanced” searches that can be conducted at random and without warrant.

Under the new rules, border agents would still be able to conduct “basic” searches “with or without suspicion,” which entails physical examination of digital devices, such as sorting through photos and examining messages. “Advanced” searches based on “reasonable suspicion” will still be permitted and agents can still review, copy, and analyze a digital device’s contents.

The directive states travelers may be asked to provide passcodes to unlock a device. If the border agent is unable to inspect the device because it is passcode or encryption-protected, the agent may detain the device for up to five days.