Congress Should Push for Stronger Privacy in Border Searches of Electronic Media, ACLU Says

Updated federal rules for border searches of electronic media “fall short of what the Constitution requires -- a search warrant with probable cause,” said Neema Singh Guliani, legislative counsel at the American Civil Liberties Union. The Department of Homeland Security last week updated its border search policy, which enables agents to look through photos, emails, documents and other material stored on electronic devices but doesn't compel travelers to provide pass codes or access to encrypted information. “As a constitutional matter, border search authority is premised in part on a reduced expectation of privacy associated with international travel,” the policy statement said. “Congress should continue to press CBP to improve its policy,” Guliani said.