‘The fear is real’: How to protect your devices and digital life from U.S. border agents

This is Part Two of our three-part post on how U.S. citizens and green-card holders can protect themselves at the border, in which we interviewed deputy director of ACLU’s Speech, Privacy, and Technology Project, Nathan Freed Wessler.

In Part One, we covered the rights of U.S. citizens reentering the country, including advice on what to do if U.S. Customs and Border Protection agents decide to interrogate. In this second part, we dive into what border agents are legally allowed — and not allowed — do with your phone and laptop. We also discuss how to protect your data, and why a burner Chromebook might not be such a crazy idea after all.

“The fear is real,” Wessler warned us. But he said the risk is higher for some citizens over others. Read on to determine how far you, as an American or green-card holder, might want to go in protecting yourself and your digital privacy before your next international trip.

Let’s talk about your devices. If CBP [Customs and Border Protection] wants to search your phone or computer, and you’re a U.S. citizen, do they have the right to do so?

Wessler: They claim the right to do that. Of course, if you’re inside the country, the basic rule is that when the government wants to search your private things or private space, they need to go to a judge first, demonstrate probable cause, and get a warrant.

At the border, the government can search your stuff — no warrant requirement, not even a requirement of individualized suspicion. The government takes the position that cell phones and laptops are just like suitcases, and they should have exactly the same latitude to search them. They can do it to everybody. They can do it because it’s a Tuesday. They can do it because they’re picking all gray-haired travelers today, whatever it is.

What do they actually do when they search your phone or laptop?

Wessler: The government distinguishes between two different kinds of searches: what they call basic searches and what they call advanced searches.

Read the rest of the interview with Nate Wessler of the ACLU on our ad-free Boing Boing Premium site!

Previously: A guide to protecting your privacy at U.S. borders