Court rules against warrantless searches of phones, laptops

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  • #221531

    JonLP
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    BOSTON (AP) — A federal court in Boston has ruled that warrantless U.S. government searches of the phones and laptops of international travelers at airports and other U.S. ports of entry violate the Fourth Amendment.

    Tuesday’s ruling in U.S. District Court came in a lawsuit filed by the American Civil Liberties Union and the Electronic Frontier Foundation on behalf of 11 travelers whose smartphones and laptops were searched without individualized suspicion at U.S. ports of entry.

    ACLU attorney Esha Bhandari said the ruling strengthens the Fourth Amendment protections of international travelers who enter the United States every year.

    The ACLU describes the searches as “fishing expeditions.” They say border officers must now demonstrate individualized suspicion of contraband before they can search a traveler’s electronic device.

    https://apnews.com/25c8054b9c16409aaef355a1c20e3481

    Tulsi Gabbard - "Not only are they saying that about me, they are basically sending this message out to every veteran in this country, every service member, every American, anyone watching at home fighting for peace and who was calling for an end to these regime change wars ... they are saying that you are also a Russian asset, that you are also a traitor to this country,"

  • #221584

    sadoldgirl
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    Will the government appeal? I expect that.

  • #221708

    eridani
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    ‘Enormous Victory’: US Judge Rules Suspicionless Searches of Travelers’ Electronic Devices Unconstitutional

    https://www.commondreams.org/news/2019/11/12/enormous-victory-us-judge-rules-suspicionless-searches-travelers-electronic-devices

    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.

    Plaintiffs in the case include Sidd Bikkannavar, an optical engineer for NASA’s Jet Propulsion Laboratory living in California; Jeremy Dupin, a journalist living in Massachusetts; and Diane Maye, a college professor and former U.S. Air Force captain living in Florida.

    When the suit was filed in September 2017, Maye said that she “felt humiliated and violated” after she was detained for two hours at Miami International Airport upon her return to the United States from a vacation in Europe.

    “I worried that border officers would read my email messages and texts, and look at my photos,” Maye explained. “This was my life, and a border officer held it in the palm of his hand. I joined this lawsuit because I strongly believe the government shouldn’t have the unfettered power to invade your privacy.”

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