A growing number of news reports indicate that travelers heading to the US are facing scrutiny at the border, with some subjected to electronic-device searches. US Customs and Border Protection states that such searches aim to identify violations—say, drug trafficking or terrorist activities—and that just 0.01 percent of international travelers will be subjected to them. Still, the new administration has reportedly encouraged officers to “not leave any stone unturned,” as per one immigration lawyer. This has increased anxiety among travelers to the US, particularly visa holders, who have fewer privacy protections at the border. While journalists may carry sensitive information, such as contact information for and communications with protected sources, there are no specific laws preventing border officers from digging through such information during searches. Civil liberties organizations and security researchers, therefore, recommend that travelers familiarize themselves with their rights before traveling and have a plan in place should a border agent ask for their personal devices. Such experiences have prompted press freedom organizations to publish digital security guides for journalists. In 2018, the Committee to Protect Journalists published “ Nothing to Declare ,” a report addressing challenges journalists face when crossing US borders. More recently, in December of last year, the Freedom of the Press Foundation published a “Journalist’s Digital Security Checklist” to help establish robust digital security practices. The Intercept has also provided tips for travelers seeking to prevent their phone data from being used against them by the government. Some recurring advice: log out of all accounts before reaching a security checkpoint; power off devices completely (some encryption protections are more effective when devices are fully shut down); turn biometric locks off ; and replace short passwords with longer, more secure ones. The Freedom of the Press Foundation advises journalists to distinguish between sensitive information, such as interview transcripts—which should be stored offline—and nonsensitive information. For those who feel they are at heightened risk, another option offered by The Intercept is to leave the phone at home entirely and use a temporary SIM while traveling. (For more in-depth information, I recommend reading the EFF’s travel guide .) The information kept on our phones can be a window into our personal lives, going way beyond the scope of our travels. As such, there have been efforts to challenge the government’s border search exception—specifically its application to digital devices, which is seen by advocates as invasive—but most have stalled while moving through the court system. Even so, one significant exception emerged last year: a federal district court in New York ruled that border agents must obtain a warrant before searching travelers’ electronic devices. The court highlighted the argument that searching cellphones is far more invasive than inspecting physical belongings and recognized that digital searches can chill communication between journalists and their sources. This ruling applies only to the Eastern District of New York, home to entry points like John F. Kennedy International Airport, one of the busiest airports in the country. For many, it was a victory. Grayson Clary, a staff attorney at the Reporters Committee for Freedom of the Press, told the Knight Institute: “As the court recognized, letting border agents freely rifle through journalists’ work product and communications whenever they cross the border would pose an intolerable risk to press freedom.”
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