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US Politics

US Politics

Is it safe to travel with your phone right now?

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Summary
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76% Informative

Customs and Border Protection agents have denied travelers US entry based on searches of their phones.

The Supreme Court ruled in 2014 that warrantless searches of people’s cell phones violated the Fourth Amendment .

The courts have held that border searches “are reasonable simply because they occur at the border,” meaning in most cases, officers don’t need a warrant to look through travelers’ belongings.

The government maintains that it doesn’t need a warrant to conduct “basic” searches of the contents of a person’s phone.

Some courts have been more permissive than others, depending on how different federal circuit courts rule.

The Supreme Court could clear this up with a ruling that applies nationwide, but it has consistently declined to address these disparities.

Before traveling, you should encrypt your devices and make sure you’re using secure passwords.

Travelers should disable biometric logins like Face ID, since some courts have ruled that police can’t compel you to tell them your password but they can use biometrics to unlock your phone.

The EFF recommends that travelers limit what can be found during basic phone or laptop searches by uploading their data onto the cloud and deleting it.