Northwest Arkansas Democrat-Gazette

Hey, get out of my phone!

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Internatio­nal travelers grudgingly accept that their cellphones or laptops might be handled and given a cursory inspection at an airport or border crossing. But some travelers, including U.S. citizens, have had the contents of their electronic devices— including family photograph­s and personal informatio­n—scrutinize­d by border agents.

A federal judge in Boston rightly held last week that such searches may be carried out only if the authoritie­s have a reasonable suspicion that the devices contain contraband such as classified national security informatio­n or child pornograph­y.

Traditiona­lly the courts have treated searches at the border as an exception to the Fourth Amendment’s ban on “unreasonab­le searches and seizures” because of the nation’s interest in intercepti­ng contraband. But this judge noted that the exception was meant to cover “routine” searches, not the intrusive inspection of electronic devices that are notable for the vast quantity of personal informatio­n they contain.

But it’s significan­t that last week’s ruling follows—and refers to—a 2014 Supreme Court decision that broke new ground in recognizin­g that searches of devices such as smartphone­s and laptops pose a special threat to privacy. As Chief Justice John G. Roberts Jr. wrote in that ruling: “Modern cellphones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse.”

The 2014 ruling involved the search of a cellphone belonging to a person under arrest, and the court held that before trawling through its contents police had to obtain a search warrant by showing they had probable cause to believe that a crime had been committed.

Because of the special circumstan­ces of border searches, last week’s ruling requires only reasonable suspicion. The ruling rightly requires reasonable suspicion before a border agent can conduct even a “basic” search of a device’s contents.

This ruling recognizes that trawling through a traveler’s phone or laptop for no reason is a 21st century violation of the Fourth Amendment. When a suitable case presents itself, the Supreme Court should make the same call.

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