Why the US court forbade law enforcement officers to study the smartphone’s lock screen without a warrant
Continuation of the discussion:
- Borders for border guards: US court has established rules for checking devices – discuss the situation
- Screening electronic devices at the border – a need or violation of human rights?
Photo – 丁 亦然 – Unsplash
What the judge decided
Seattle District Court in late May obliged FBI investigators receive search warrantbefore turning on the smartphone of detained citizens. Personal information is often displayed on the lock screen, and unauthorized access to it violates fourth amendment to the US Constitution – it prohibits unreasonable searches.
The judge noted that the requirement does not apply on police officers making a detention. They are allowed to inspect a mobile device without a warrant, but only in exceptional cases – for example, if they believe that evidence on the smartphone will be destroyed in the near future.
However, law enforcement officials cannot force a detainee to unlock a mobile device. North Carolina Court In 2019 equated this is a requirement for self-incrimination.
Public opinion
Seattle court ruling greeted positively. The ruling set a precedent to which lawyers will be able to refer in the future, and was another step towards confidentiality and security of personal correspondence.
Although some representatives of the IT community wonderedhow to apply new regulation for smartphones with function Raise to wakewhen the screen turns on automatically when you lift the device. Perhaps a new precedent will be needed to clarify this issue.
Border issue
Another important decision related to the search of mobile devices at the end of last year rendered Boston Federal Court. By opinion judges Denise Casper, border guards must have to view the contents of smartphones and laptops good reason. So, regular inspection of gadgets at airport terminals was considered a violation of human rights.
Photo –Ali Yahya – Unsplash
Representatives of the American Civil Liberties Union and the Electronic Frontier Fund (EFF) considered the court decision a big victory, as it spreads Fourth amendment to the US Constitution for all travelers crossing the US border.
Of course, the new rules apply only to the United States Border Guard. But the problem with searches of electronic devices at airports exists in other countries – for example, Canada, Great Britain and China.
Soon restrictions on international flights will be lifted, and we will again begin to travel to other countries – and before that it is worth taking precautionary measures. For example, engineers from Basecamp recommend encrypt all corporate data, copy it to the cloud and delete from a mobile device. Further, it remains to log in to the cloud service so that only you can recover information. More related recommendations – in past material.
In our corporate blog:
Screening electronic devices at the border – a need or violation of human rights?
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