“Their guidance claims the authority to search a traveler’s electronic devices ‘with or without suspicion.’ The guidance now claims passengers are ‘obligated’ to turn over their devices as well as passcodes for examination. If they fail to do so, agents can seize the device. That is all considered a ‘basic search.’ Agents must have suspicion in order to conduct an ‘advanced search.’ This includes copying information from devices, or analyzing them with other equipment. Finally, CBP agents can not ‘intentionally’ search information stored on the cloud, versus on the device’s hard drive.”
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