This invasive practice is on the rise, too. Consider that the Department of Homeland Security said it searched fewer than 5,000 mobile phones at the border without a warrant in 2015. The number mushroomed to 25,000 last year. And for the month of February, the DHS reports that it has already searched 5,000 devices of Americans and foreigners without a warrant at a border crossing.
Now, a bi-partisan group of lawmakers is proposing the unthinkable. Republicans and Democrats in both the House and the Senate on Tuesday floated legislation requiring US Customs and Border Protection agents to get a court warrant to search electronic devices of "United States persons." That's right?in an era when you can be accused of publishing fake news for even questioning the government, a few members of Congress want to expand your civil rights and require a judge to sign off on a device search.
"Americans' constitutional rights shouldn?t disappear at the border. By requiring a warrant to search Americans? devices and prohibiting unreasonable delay, this bill makes sure that border agents are focused on criminals and terrorists instead of wasting their time thumbing through innocent Americans? personal photos and other data," said Sen. Ron Wyden, a Democrat from Oregon. Along with Wyden, the "Protecting Data at the Border Act" is sponsored by Sen. Rand Paul, a Republican of Kentucky; Rep. Jared Polis, a Democrat of Colorado; and Rep. Blake Farenthold, a Republican of Texas.
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