The Washington Post is reporting that the US Customs and Border Protection agency is seizing and copying cell phone, tablet, and computer data from “as many as” 10,000 phones per year, including an unspecified number of American citizens. This is done without a warrant, because “…courts have long granted an exception to border authorities, allowing them to search people’s devices without a warrant or suspicion of a crime.”
CBP’s inspection of people’s phones, laptops, tablets and other electronic devices as they enter the country has long been a controversial practice that the agency has defended as a low-impact way to pursue possible security threats and determine an individual’s “intentions upon entry” into the U.S. But the revelation that thousands of agents have access to a searchable database without public oversight is a new development in what privacy advocates and some lawmakers warn could be an infringement of Americans’ Fourth Amendment rights against unreasonable searches and seizures.
CBP conducted roughly 37,000 searches of travelers’ devices in the 12 months ending in October 2021, according to agency data, and more than 179 million people traveled that year through U.S. ports of entry.