[convolvatron]

in autistic-land, doesn't it seem like the power to perform searches by border police should be directed related and limited to their function - that is the inspection of material goods to insure that (a) illegal smuggling isn't taking place and (b) the proper import taxes have been paid.

unless the phone itself is a suspicious good, there should never be any justification for a border officer to demand visibility of the contents of the phone, or the data that its permitted to access on other systems.

I presume the counter to this is that they must be able to examine the socials in order to see if you should 'death to america' on message boards. is that really an important vector? is the balance of that security concern versus speech rights (which are supposed to be 'universal') something we want individual field officers to decide?

[tsimionescu]

I think one of their main justifications for claiming a right to inspect your phone is the possibility that you could be carrying illegal data on it, such as CSAM (which they apparently invoked in this particular case). Since they generally can inspect your luggage to check if you're crossing the border with illegal goods, this seems somewhat plausible as a legal interpretation.

Personally, I believe that there should be explicit laws protecting your personal devices, given the amount of sensitive private information they carry. I think an explicit law, or even amendment to the constitution, would be much better than relying on ever more arcane legal interpretations being invented by judges based on vague wording and vague principles.

[TheCoelacanth]

That's nonsense because it's trivial to move data internationally without ever crossing a physical border.

There is no reason for anyone to ever try to smuggle digital data through a border crossing and so zero justification for ever conducting a digital search at the border.

[tsimionescu]

Be that as it may, it is very much established law. CBP can search your phone when you are crossing the border without needing any specific justification other than the fact that you're crossing the border. Anything they find can then be used against you in other cases.

See for example https://www.jdsupra.com/legalnews/your-phone-can-be-searched...

[convolvatron]

general enforcement of federal law as a special exception of the 4th amendment doesn't seem to be in the charter passed by congress in https://www.law.cornell.edu/uscode/text/6/211

no judge thought there was sufficient evidence to grant a warrant in this case, so what you're saying is that any CBP agent can go fishing for anything they want. anyone can be detained for any reason that an individual CBP agent considers necessary.

[tsimionescu]

There is established precedent on the fact that CBP can search the phone or other devices of anyone crossing the border for no reason whatsoever. I couldn't tell you the exact justification, but I guess it could have been found to follow from the act you cited: (2) ensure the interdiction of persons and goods illegally entering or exiting the United States;

See this article quoting a 7th circuit case on this matter: https://www.jdsupra.com/legalnews/your-phone-can-be-searched...