EPIC will file a lawsuit today to compel a federal agency to release audits so as to determine whether the searches of electronic devices are lawful. The Border Search Directive sets out when and how Customs and Border Patrol officials may inspect cellphones, tablets, and laptop computers of travelers crossing the US border. The Directive requires the agency to develop an auditing mechanism to ensure lawful searches, yet the agency has not published the auditing requirements or the results of the audits. So, EPIC has sed for the release of the procedures. The American Bar Association recently adopted a new policy that urges Congress, the courts, and the Department of Homeland Security to enact legislation and adopt policies to protect the privacy rights of travelers. EPIC filed a related lawsuit against Immigration and Customs Enforcement for information about the warrantless searches of cell phones.
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