Link: Is it safe to travel with your phone right now?

Customs and Border Protection (CBP) agents have recently sparked controversy by denying U.S. entry to travelers after examining their electronic devices. A Lebanese doctor was deported due to images found on his phone, and a French scientist was refused entry over messages that were critical of U.S. government policies.

Your rights regarding device searches vary depending on your immigration status and the specifics of your entry point into the country. U.S. citizens can refuse searches without being denied entry, while visa holders risk being turned away.

In 2024, CBP conducted 47,047 device searches, a stark increase from 19,051 in 2016, demonstrating a rising trend in electronic device scrutiny at entry points. Despite the low percentage (less than 0.01%) of travelers subjected to searches, the implications for privacy are significant.

The Supreme Court has ruled that warrantless phone searches violate the Fourth Amendment, except at borders, where no warrant is needed under the existing border search exception. This exception allows CBP to conduct basic searches by simply handling the device, but advanced or forensic searches require more intrusive methods.

Legal rulings on device searches vary by jurisdiction, adding complexity to understanding and asserting one’s rights at different entry points. For example, a federal judge in New York ruled that CBP can't perform warrantless searches at JFK Airport, but this doesn't apply nationwide.

To protect your digital privacy, it is recommended to minimize stored data, use encryption, and avoid biometric unlocking at borders. Precautions like backing up and wiping your device before traveling can help shield sensitive information from unauthorized access. #

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