An Appeals Court panel has ruled that federal agents can legally search through travelers’ cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.
An Appeals Court panel has ruled that federal agents can legally search through travelers’ cell phones without reasonable suspicion, probable cause, or a warrant when they cross an international border.
I have a question… there’s data on my phone and other devices that are protected under an active NDA. I am legally obligated to prevent disclosure of that information.
So… what happens then?
An NDA is just a contract, an actual law always trumps it.
> agree to do corporate espionage for company A
> get a job at company B, sign an NDA, put all their sensitive data on your phone
> have your buddy get a job with the CBP
> cross the border, “oops, I guess he gets to look at my phone, what can I do?”
> buddy doesn’t have an NDA so he tells company A what he saw then splits the money with you
> profit??
You refuse to let them search and they dont let you into the country.
No, you’re not. Encrypt the device and turn it off.
And if they ask you to unlock it, you just say no and it all goes fine?
They hold you for a few hours and make a bunch of vacant and vague threats.
Then, yes, they release you.
A few court rulings from now and I won’t be surprised if they’ll start indefinitely detaining people or using “enhanced interrogation”
It depends if you’re a citizen or not.
That’s merely how is starts.