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Authorities must obtain warrants to examine the contents of mobile devices at the border, a US federal court has ruled. Such permissions must include the reason for checking the gadgets.
The court made this decision in a criminal case against a US citizen Kurbonali Sultanov. The charge against the man was based on evidence obtained by examining his mobile phone when he entered the United States through JFK Airport in New York. The man was charged with possession of child pornography.
Last October, the Knight First Amendment Institute at Columbia University and the Reporters 'Committee for Freedom of the Press reported that unauthorized searches of travelers' phones violate the First Amendment's protections for freedom of the press, speech, and assembly, as well as the Fourth Amendment's protection against unreasonable searches and seizures.
The Federal Court relied on the opinion of the Institute and the committee when making its decision. The court ruled that unauthorized examination of electronic devices at the border is an unjustified invasion of the privacy of travelers and the professional activities of journalists.
Sultanov was detained in March 2022. At first, he refused to provide the password for his mobile phone, but was forced to comply when border guards said he had no choice. Authorities manually searched the device and performed a forensic search after receiving the warrant. Sultanov later filed a motion to exclude evidence obtained from his phone, citing the Fourth Amendment.
The court found that the search did indeed violate the Fourth Amendment, but rejected the motion to dismiss the case, as the instance considered the actions of the border guards to be in good faith. The court also found a violation of the First Amendment. The court explained that searches complicate communication between journalists and their sources.
In the second half of July, Vox magazine reported that American airports can opt out of face scanning on domestic flights. This option is available to everyone, and US citizens can also opt out of face scanning on international flights. To do this, you need to stand further away from the camera at passport control or cover your face with a mask, show your ID card and say that you are choosing registration without biometrics.
• Source: https://knightcolumbia.org/content/...nt-required-for-device-searches-at-the-border
The court made this decision in a criminal case against a US citizen Kurbonali Sultanov. The charge against the man was based on evidence obtained by examining his mobile phone when he entered the United States through JFK Airport in New York. The man was charged with possession of child pornography.
Last October, the Knight First Amendment Institute at Columbia University and the Reporters 'Committee for Freedom of the Press reported that unauthorized searches of travelers' phones violate the First Amendment's protections for freedom of the press, speech, and assembly, as well as the Fourth Amendment's protection against unreasonable searches and seizures.
The Federal Court relied on the opinion of the Institute and the committee when making its decision. The court ruled that unauthorized examination of electronic devices at the border is an unjustified invasion of the privacy of travelers and the professional activities of journalists.
Sultanov was detained in March 2022. At first, he refused to provide the password for his mobile phone, but was forced to comply when border guards said he had no choice. Authorities manually searched the device and performed a forensic search after receiving the warrant. Sultanov later filed a motion to exclude evidence obtained from his phone, citing the Fourth Amendment.
The court found that the search did indeed violate the Fourth Amendment, but rejected the motion to dismiss the case, as the instance considered the actions of the border guards to be in good faith. The court also found a violation of the First Amendment. The court explained that searches complicate communication between journalists and their sources.
In the second half of July, Vox magazine reported that American airports can opt out of face scanning on domestic flights. This option is available to everyone, and US citizens can also opt out of face scanning on international flights. To do this, you need to stand further away from the camera at passport control or cover your face with a mask, show your ID card and say that you are choosing registration without biometrics.
• Source: https://knightcolumbia.org/content/...nt-required-for-device-searches-at-the-border
