Homeland Security Border Suspicionless Searches of U.S. Citizens Ruled Unconstitutional

You might be surprised to hear that U.S. federal government has been demanding to inspect the digital content of the phones, computers and other devices of many U.S. citizens re-entering the U.S. even though the government lacked any suspicion of wrong-doing by the U.S. citizen. That’s insane, right?

Now after a long battle by the ACLU and the Electronic Frontier Foundation, a federal judge has ruled that the Department of Homeland Security has been acting illegally when it does that. This is a big victory against our own government, which was acting unreasonably and oppressively.

Common Dreams reports:

“This is a great day for travelers who now can cross the international border without fear that the government will, in the absence of any suspicion, ransack the extraordinarily sensitive information we all carry in our electronic devices,” EFF senior staff attorney Sophia Cope said in a statement.

The lawsuit, Alasaad v. McAleenan, was filed by EFF, the national ACLU, and ACLU of Massachusetts on behalf of 10 U.S. citizens and one lawful permanent resident who had their devices searched without warrants. The suit named as defendants the Department of Homeland Security and two agencies it oversees—Customs and Border Protection as well as Immigration and Customs Enforcement.

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Erich Vieth

Erich Vieth is an attorney focusing on civil rights (including First Amendment), consumer law litigation and appellate practice. At this website often writes about censorship, corporate news media corruption and cognitive science. He is also a working musician, artist and a writer, having founded Dangerous Intersection in 2006. Erich lives in St. Louis, Missouri with his two daughters.

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