Border Search

New Document Sheds Light on Government’s Ability to Search iPhones

By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project & Naomi Gilens, ACLU Speech, Privacy and Technology Project at 10:11am

Cell phone searches are a common law enforcement tool, but up until now, the public has largely been in the dark regarding how much sensitive information the government can get with this invasive surveillance technique. A document submitted to court in connection with a drug investigation, which we recently discovered, provides a rare inventory of the types of data that federal agents are able to obtain from a seized iPhone using advanced forensic analysis tools. The list, available here, starkly demonstrates just how invasive cell phone searches are—and why law enforcement should be required to obtain a warrant before conducting them.

DHS Releases Disappointing Civil Liberties Report on Border Searches of Laptops and Other Electronics

By Brian Hauss, Legal Fellow, ACLU Speech, Privacy and Technology Project at 3:49pm

In response to an ACLU Freedom of Information Act request, the Department of Homeland Security has at long last released its December 2011 Civil Rights/Civil Liberties Impact Assessment of its policy of conducting suspicionless searches of electronic devices at the border. Because of the sensitive, personal nature of the records we all carry with us on our laptops and phones, both the First and Fourth Amendments prohibit the government from searching these devices at the border, absent reasonable suspicion that a search will turn up evidence of wrongdoing.

Feds Settle Lawsuit by Bradley Manning Supporter Over Border Laptop Search

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:24pm

We announced some excellent news last night: the U.S. has agreed to settle a lawsuit brought by David House over the...

ACLU Files FOIA Request for Unreleased DHS Privacy Report on Laptop Searches at the Border

By Katie Haas, ACLU Human Rights Program at 10:07am

Aiming to determine the impact of border searches on Americans’ civil liberties, the Department of Homeland Security has produced a report on its policy of combing through and sometimes confiscating travelers’ laptops, cell phones, and other electronic devices—even when there is no suspicion of wrongdoing. The report was completed sometime between October 2011 and September 2012, and last week DHS quietly posted only the executive summary on its website, without many people noticing.

Government Claims Unlimited Discretion to Look Through Your Laptop at the Border

By Ben Siracusa Hillman, Speech, Privacy and Technology Project at 5:42pm

Last May, U.S. Customs and Border Patrol agents searched and took Pascal Abidor's laptop and external hard drive when he was returning home to New York City from Montreal, Canada, where he attends graduate school. When his laptop and hard drive were returned to him 11 days later, Abidor discovered agents had opened numerous files, including personal photographs, a transcript of a chat with his girlfriend, copies of email correspondence, class notes, journal articles, tax returns, his graduate school transcript, and his resume.

Judge Rules in Favor of Bradley Manning Supporter and Allows Lawsuit Challenging Laptop Search

By Catherine Crump, Staff Attorney, ACLU Speech, Privacy and Technology Project at 12:43pm

The ACLU charges David House's laptop, camera and a USB drive were confiscated at O'Hare airport in 2010 because of his association with the Bradley Manning Support Network.

Suspicionless Searches and Seizures at the Airport: We're Suing

By Carol Rose, Executive Director, ACLU of Massachusetts at 11:00am

Whether you’re a member of the ACLU, the Tea Party, or the Beer Lovers Party, one of the things that distinguishes you from people living in more authoritarian regimes — Iran, China, Libya, to name a few — is your right to form political associations without fear of government reprisal.

Freedom of association is so vital to our democracy that the framers put it in the First Amendment, alongside freedoms of speech, press, religion, and petition. After all, what good is the right to speak, pray, or petition the government if you can’t freely associate with other people who support your cause?

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