This week the Supreme Court declined to review the decision of the Ninth Circuit in United States v. Cotterman, leaving in place expanded Fourth Amendment protections for searches occurring at the U.S. border. In Cotterman, the federal appeals court held that the Fourth Amendment requires a border agent to have reasonable suspicion before using forensic tools to search laptops, cameras, and other digital devices. The court emphasized that the "comprehensive and intrusive nature of the forensic examination" is the key factor in triggering greater Fourth Amendment scrutiny. EPIC has previously argued that advanced traveler screening methods should only be employed subject to privacy protections. For more information, see EPIC: Traveler Privacy, EPIC: Florida v. Jardines, and EPIC: Amicus Curiae briefs.
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Communications Law and Policy
Jerry Kang and Alan Butler