A new directive from the United States (US) Customs and Border Protection agency attempts to limit data that can be searched from phones and other electronic devices. The directive comes in time with the reported rise in electronic device inspection at US airports last year.
The new protocol is published today and it explicitly states that authorities can search and access all files stored on an individual's phone. However, the new directive restricts them from searching anything that is stored in the cloud. This means that anything that cannot be accessed without a data connection is off-limits to police officers in a "basic" search.
Suspicion is the key element in distinguishing a "basic" search from an "advanced" one.
Basic searching involves the aforementioned browsing of files. However, officers connecting to the phone and copying files for analysis constitutes an advanced search. This type of search cannot be carried out without being approved by a supervisor first.
The supervisor determines validity of the advanced search through "reasonable suspicion," which can be anything from illegal acts to issues of national concern. If there is none, then an advanced search will most likely be denied.
The American Civil Liberties Union (ACLU) offered some praise for the directive.
"It is positive that CBP's policy would at least require officers to have some level of suspicion before copying and using electronic methods to search a traveler's electronic device," the organization stated in a press release.
However, they also say that the directive falls "far short" in some aspects. For one thing, a basic search allows officers to sift through an individual's phone or device without the need for a search warrant.
There were reports of an increase of electronic device searches in airports in the US. More than 30,000 travelers had their devices searched last year. This is a dramatic increase from the 19,051 devices searched in 2016.
