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CBP Unveils New Rules For Device Searches At Borders

Law360, New York (January 5, 2018, 9:42 PM EST) -- U.S. Customs and Border Protection announced an updated policy Friday for searching electronic devices at U.S. borders, tightening restrictions somewhat on when an agent may conduct an "advanced" search.

The previous policy, issued in 2009, equated electronic media searches with those of other personal items such as briefcases, backpacks and notebooks and did not require individualized suspicion. Under the new policy, agents may conduct a so-called basic search of an electronic device by requesting access to it and, if need be, bypassing encryption or a password...
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