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Friday, December 2, 2022

CBP Updates Rules on Searching Electronic Devices at Borders

Customs and Border Protection has issued new guidelines on searching phones, tablets, laptops and other devices at borders to address challenges surfacing in the age of encryption.

The new rules, which replace those last issued in 2009, allow Border Patrol agents to search devices for stored information as long as it is accessible through device software. Officers cannot use the device to access data stored beyond it, though, unless there is reasonable suspicion of an offense or a national security concern. Even then, officers must have supervisory approval to conduct a more advanced search.

Other updates to the regulations include permission to detain a device for further review, although not for longer than five days, and strict procedures about information protected by attorney-client privlege.

Homeland Security Todayhttp://www.hstoday.us
The Government Technology & Services Coalition's Homeland Security Today (HSToday) is the premier news and information resource for the homeland security community, dedicated to elevating the discussions and insights that can support a safe and secure nation. A non-profit magazine and media platform, HSToday provides readers with the whole story, placing facts and comments in context to inform debate and drive realistic solutions to some of the nation’s most vexing security challenges.

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