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- QUESTION
We have studied the 4th Amendment right to be free from unreasonable search and seizure and other limitations on the government’s authority to collect data from persons. However, the rules that we have studied are somewhat muted at the border because or legal precedent.
Read this Business Insider article describing in general terms how Customs and Border Patrol can require you to unlock your electronic devices at the border and allow them to make a copy of your data, without probable cause or a warrant.
http://www.businessinsider.com/can-us-border-agents-search-your-phone-at-the-airport-2017-2 (Links to an external site.)
Read this electronic frontier foundation essay on searches of electronic devices at the border. Please note that the Electronic Frontier Foundation is an advocacy group and the article below reflects their opinion, not necessarily the opinion of the professor or the university.
https://www.eff.org/deeplinks/2017/04/bill-rights-border-fourth-amendment-limits-searching-your-data-and-devices (Links to an external site.)
Read the following article about a bill introduced by Ron Wyden and Rand Paul to ban the practice of warrantless searches of U.S. citizens’ phones at the border.
http://thehill.com/policy/cybersecurity/327246-bipartisan-bill-would-end-warrantless-searches-of-digital-devices-at (Links to an external site.)
If you were in Congress, would you vote for the bill introduced by Ron Wyden and Rand Paul? Why or why not?
Subject | Law and governance | Pages | 2 | Style | APA |
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Answer
Protecting Data at the Border Act
Ron Wyden and Rand Paul introduced a legislation known as the Protecting Data at the Border Act. In this Act, the law enforcement is expected to obtain a search warrant before going through the electronics of passengers. That means that they need to have established a probable cause before the step can be accepted. In case they do not have probably cause, the border law enforcement reserves no right to check the content in the electronic devises of passengers. The only exception remains to feature the routine checks of luggage.
If I were in congress, I would vote for this bill to be passed. This is because I believe that electronics make up a major part of the lives of Americans. It means that majority of individuals have confidential pieces of information stored safely in their electronics. Therefore, whenever the border law enforcements go through these details, the privacy of many individuals becomes breached. It will not matter whether or not they had shown the intention of causing harm. All individuals will still suffer the consequences.
On the contrary, when there is no exception to the unlawful search, many individuals will be able to maintain their privacy as long as they do not give any signs of criminal activity. In case a probable cause exists, the law enforcement officers have a right to detain the individual until they get the warranty.
In conclusion, being read to the rights to lawful search under probable cause will ensure that electronic searches are conducted through dignified means. This means that no individual will be expected to expose his or her private life for no reason. The focus will only be towards those who showcase signs of criminal activity.
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