Protecting Electronic Devices at the Border By Punam S. Rogers
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n August 23, 2019, Ismail Ajjawi, a Palestinian student about to begin his freshman year at Harvard University, traveled to Logan International Airport where he was denied admission into the United States, had his visa canceled, and was ordered back to Lebanon. Why? His friends’ social media activity.
Mr. Ajjawi, in a statement to the Harvard Crimson, noted his phone and laptop were searched extensively and that he was questioned and reprimanded for his friends’ social media posts expressing views critical of the U.S. government. After Harvard’s president intervened, Mr. Ajjawi was eventually admitted on September 2, 2019, after he “overcame all grounds of inadmissibility,” a spokesman for U.S. Customs
and Border Protection (CBP) said in a statement. Still, this search underscores serious concerns about data privacy while traveling. Imagine, for instance, the private company information a company’s general counsel or outside counsel has on her/his device while traveling, which could become subject to CBP search if proper precautions are not taken. The Trump administration has enacted
seismic policy shifts related to border searches of electronic devices and social media data. In January 2018, CBP issued a directive to its officers instructing how and when electronic devices can be searched for travelers applying for admission to the United States. The guidance allowed CBP officers to continue conducting warrantless basic searches of electronic devices. This policy directive, coupled with the administration’s
