Canadian authorities have recently changed their travel advisory. They’re advising travelers of the risk of phone searches and seizures at the border of the United States. This advisory comes after an increase in the appearance of foreign travelers and US visa holders being detained and interrogated. Others have even been deported for refusing. The Committee to Protect Journalists has released detailed Alexandria-specific alerts aimed at the foreign press. They are currently making noise about the dangers of device searching at borders.
Security at the border is getting more strict. Consumers need to be more aware of their rights and what will happen if they say no to a device search. Millions of US visa holders and other foreign visitors to the US now face detention or deportation. This is possible when they deny law enforcement access to their devices. US citizens and green card holders can refuse such searches without facing entry denial, but they may encounter extended questioning or temporary seizure of their devices.
The legal landscape surrounding these searches is confusing at best. Border zones, like US international airports, do NOT operate under such rules. In these environments, law enforcement can search a person’s belongings without a warrant, circumventing constitutional Fourth Amendment protections. A recent federal court ruling determined that searches of cell phones at the border do require warrants, leading to confusion regarding enforcement practices.
Recent Trends in Border Searches
Over the past few weeks, several other travelers have been questioned or denied entry at US border. It’s largely been a result of materials they’ve encountered on their phones. This abrupt expansion of scrutiny has sent shockwaves through advocacy groups and legal experts.
Traveling digitally infrastructure
Mohammed Al-Maskati, director of the digital security helpline at Access Now, underscores the need to take preventative measures ahead of time. He recommends people delete devices before they travel between borders. This approach would at least reduce the chance of sensitive data being made available to border agents.
Member of AI USA’s Security Lab Molly Rose Freeman Cyr, quoted in the report, adds to that call to proceed with caution. Her message to travelers is to assess your own risk profile before you start your trip.
“Not everybody has the same risk profile,” – Molly Rose Freeman Cyr
Understanding Risk Profiles
When evaluating an individual’s risk profile, a number of elements are at work here. People need to regularly check in with their legal standing. They must look beyond their own social media accounts and private messaging services, and the text of the chats themselves. These elements can play a big role in how inspection authorities perceive a traveler.
Danacea Vo wants everyone to understand the importance of online presence.
“We all need to be recognizing that authorities may scrutinize your online presence, including social media activity and posts you’ve published,” – Danacea Vo
Travelers should take steps to privacy-proof their devices and other belongings, as well as remain in compliance with border enforcement policies.
Strategies for Device Security
One of the best pieces of advice we’ve heard from experts is to go into your travel cleansing yourself of all expectations. You may wish to purchase a new phone specifically for your travel abroad. Instead, you might consider completely wiping an older device and repurposing that device for travel. Using a throwaway SIM card or opting for Wi-Fi only can make data collection even harder.
Matt Mitchell provides a complementary layer of advice for travelers who want to protect their privacy.
“You have to ‘seed’ the device. Use the phone for a day or even for a few hours. It just can’t be clean clean. That’s weird,” – Matt Mitchell
The idea of a travel “burner” phone has started catching on. As our interviews with experts made clear, a real burner phone is much simpler than that fancy model. It is missing the applications, or apps, that enable encrypted communications.
As international travelers further traverse these increasingly complicated regulatory environments and associated risks, they need to be acutely aware of their digital security in crossing any border.
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