I just read an article in the New York Times on how this journalist travels with a burner phone during international travel. He leaves his iPhone home. This raised some interesting thoughts for me. Is there a real risk that border control people will go through all the contents of my phone or is this writer just paranoid?
The real question is with your smartphone, packed with personal information, it subject to review and scrutiny by border control agents?
For decades, border agents have held broad authority to search individuals and their belongings entering or leaving a country. This “border search exception” to typical warrant requirements is rooted in national security and the need to control who and what enters and exits. Now, this authority is being applied to the digital realm, leading to increasing instances of border agents examining travelers’ electronic devices, including smartphones, laptops, and tablets.
What Can They See?
Customs and Border Protection (CBP) in the United States, for example, asserts its legal right to inspect electronic devices without a warrant. This can include:
- Manual Review: Agents can scroll through your photos, messages, emails, social media, and other visible content.
- Data Extraction: In some cases, with “reasonable suspicion” of illegal activity or national security concerns and supervisory approval, agents can connect devices to external equipment to copy and analyze data. This can even include deleted content.
- Cloud Data (Potentially): While CBP policy states that searches shouldn’t extend to data solely stored remotely in the cloud, the lines can blur, especially if you are logged into apps.
Why Are They Doing This?
Border agencies state that these searches are crucial for enforcing laws related to:
- Terrorism
- Child pornography
- Drug and human smuggling
- Immigration violations
- Intellectual property rights
- And more
They argue that in our digitally connected world, vital information related to these illegal activities can reside on electronic devices.
Your Rights at the Border: A Murky Landscape
The extent of your rights regarding your phone at the border is a complex and evolving legal area. Here’s a breakdown of what I know:
- No Warrant Required (Generally): Unlike typical law enforcement searches within a country, border agents in many jurisdictions, including the U.S., do not need a warrant or even probable cause for “routine” searches of electronic devices.
- Refusal to Unlock:
- U.S. Citizens: You cannot be denied entry into the U.S. for refusing to unlock your phone or provide your password. However, your device may be confiscated for further inspection, potentially causing significant delays.
- Non-Citizens: Refusing to unlock your device can lead to denial of entry into the country.
- Scope of Search: While “basic” searches (manual review) are generally accepted, the legality and necessity of “advanced” or “forensic” searches (data extraction) are more heavily debated in courts. Some courts require “reasonable suspicion” for such in-depth searches.
- Cloud Data: Officially, border agents should not be accessing data solely stored in the cloud. However, it’s wise to log out of sensitive accounts before crossing.
- Retention of Data: CBP in the U.S. can retain copies of data obtained from border searches for up to 15 years if they believe it contains evidence of a violation.
Protecting Your Digital Privacy at the Border:
Given the uncertainty surrounding these searches, here are some steps you can take to protect your digital privacy when crossing borders:
- Travel with a “Clean” Device: If possible, consider using a burner phone or a device with minimal personal information. This way there is no data for the CBP to access. But you will be without your smartphone for your trip. Now this is a real challenge for a lot of travelers.
- Back Up Your Data: Ensure your important data is backed up elsewhere before you travel.
- Remove Sensitive Information: Delete any sensitive or private information you don’t need during your trip.
- Log Out of Accounts: Log out of social media, email, banking, and other sensitive apps before you travel.
- Use Encryption: While agents can ask for your passcode, strong encryption can add a layer of protection if your device is seized.
- Know Your Rights (and Be Polite): Understand that your rights at the border are different. While you can assert your rights, be polite and avoid obstructing the agents.
- Be Mindful of What You Say: Anything you say to a border agent can be used against you.
- Seek Legal Counsel if Necessary: If you believe your rights have been violated, contact an attorney.
The Bottom Line:
The practice of border control agents snooping into phones is a reality of international travel in our digital age. While authorities maintain it’s necessary for security, it raises significant privacy concerns. Understanding the current laws and taking proactive steps to protect your digital information is crucial for navigating the awkward and potentially intrusive digital baggage check at the border.
At a minimum, change your facial recognition to a password access. This will eliminate an easy way for CBP to access your phone. Also, log out of all your social media, email, cloud and other apps so you minimize what CBP can actually review.