Paul, Wyden Rally Against Smartphone Border Searches
The search of a person’s smartphone is more revealing than the search of that individual's home, said Sen. Rand Paul, R-Ky., Wednesday during a hearing on Department of Homeland Security border search policies. DHS allows customs and border officials to…
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seize and search, without warrant or suspicion of wrongdoing, U.S. citizens’ smartphones and devices when they travel internationally. Paul and Sen. Ron Wyden, D-Ore., are authors of the Protecting Data at the Border Act (S-823) to prohibit these searches. Lawmakers discussed the practice at a Senate Federal Spending Oversight and Emergency Management Subcommittee hearing. Chairman Paul said authorities have to worry about bad actors attacking the U.S., but “without question,” the Fourth Amendment should protect U.S. citizens. Wyden, who isn't a full committee member, said at the hearing that digital is “truly different,” calling the Supreme Court’s recent Carpenter (see 1807050025) decision “a step in the right direction.” Ranking member Gary Peters, D-Mich., also cited Fourth Amendment protections. Georgetown University Law Center professor Laura Donohue said “border searches of electronic devices are increasing at an alarming rate,” and the “time is ripe for Congress to take action.” American Civil Liberties Union Legislative Counsel Neema Singh Guliani called on Congress to pass S-823 and press DHS to amend its policy to “comport with the Constitution.” Cato Institute Director-Project on Emerging Technologies Matthew Feeney spoke against the “border exception” to the Fourth Amendment.