DHS built huge database from cellphones, computers seized at border - The Washington Post - 0 views
www.washingtonpost.com/...ment-surveillance-database-dhs
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shared by Ed Webb on 15 Sep 22
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U.S. government officials are adding data from as many as 10,000 electronic devices each year to a massive database they’ve compiled from cellphones, iPads and computers seized from travelers at the country’s airports, seaports and border crossings, leaders of Customs and Border Protection told congressional staff in a briefing this summer.WpGet the full experience.Choose your planArrowRightThe rapid expansion of the database and the ability of 2,700 CBP officers to access it without a warrant — two details not previously known about the database — have raised alarms in Congress
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the revelation that thousands of agents have access to a searchable database without public oversight is a new development in what privacy advocates and some lawmakers warn could be an infringement of Americans’ Fourth Amendment rights against unreasonable searches and seizures.
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CBP officials declined, however, to answer questions about how many Americans’ phone records are in the database, how many searches have been run or how long the practice has gone on, saying it has made no additional statistics available “due to law enforcement sensitivities and national security implications.”
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Law enforcement agencies must show probable cause and persuade a judge to approve a search warrant before searching Americans’ phones. But courts have long granted an exception to border authorities, allowing them to search people’s devices without a warrant or suspicion of a crime.
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The CBP directive gives officers the authority to look and scroll through any traveler’s device using what’s known as a “basic search,” and any traveler who refuses to unlock their phone for this process can have it confiscated for up to five days.
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CBP officials give travelers a printed document saying that the searches are “mandatory,” but the document does not mention that data can be retained for 15 years and that thousands of officials will have access to it.
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Officers are also not required to give the document to travelers before the search, meaning that some travelers may not fully understand their rights to refuse the search until after they’ve handed over their phones