Border Searches

Are you about to travel abroad, or even within the U.S. territories (e.g., Puerto Rico)? Are you already outside the U.S. or in one of the U.S. territories? If so, expect to be searched and to have your property seized. That expectation should be the same when you travel to any country, as borders are how modern nation-states define themselves and often how they flex their power.

According to U.S. Customs and Borer Protection (CBP), the agency is "responsible for protecting [the United States'] borders and enforcing numerous laws at U.S. ports of entry. CBP's ability to lawfully inspect electronic devices crossing the border is integral to keeping America safe in an increasingly digital world." This quote illustrates the importance CBP places in its asserted "ability."

Plan of the Panopticon, The Works of Jeremy Bentham, vol. IV, 172-3, 1843 (originally 1791), public domain,

CBP may conduct seizures and searches of both outbound and inbound persons. That means that CBP can search you, and your devices, even if you are leaving the United States and never will return. CBP will conduct such seizures and searches at the "physical border, the functional equivalent of the border, or the extended border." And, assume you are under constant surveillance at the border with that surveillance including the interception of any communications originating from or traveling to your electronic devices (including your vehicle).

Takeaway: leave all of your electronic devices at home. If you need to travel with an electronic device, plan ahead. Treat any device you intend to travel with as if you would be okay with a thief having access to it and gleaning all of the information it contains. If you would not be okay with a thief have that kind of access, don't travel with your device. Many advocacy groups have published info on what to do before you travel. Those resources are a good starting point for planning how to travel to minimize problems for yourself.