Traveling Abroad This Summer? Think Twice about Bringing Devices

The ACLU’s Updated Travel Advice with Privacy in Mind

​Traveling with electronic devices this summer? Of course you are.
 
Would you like those devices searched by federal agents? Of course not.
 
Think the Fourth Amendment protects you from such searches? Think again, says the ACLU.
 
As we’ve written previously, U.S. ports of entry are twilight zones where the Fourth Amendment is more of a suggestion than a right. Having monitored this issue for years, the ACLU recently updated their advice for travelers. Here’s a summary version from the ACLU:

• Limit devices and data: Don’t take them if you don’t need them, or consider travel-only devices that don’t contain sensitive information.
• Encrypt & ship: Instead of packing them, ship them, but realize that Customs and Border Protection (CBP) reserves the right to search international packages – so encrypt them. A forensic search could get around some encryption, but it’s still good to play defense.
• Encryption is the new reality: While we’re on the subject, adjust your thinking and embrace encryption as something you need to do, not just the techie-crypto crowd. Here’s a guide recommended by the ACLU. There are many others, of course.
• Is this thing on? Active devices are suspicious devices. If you insist on traveling with them (see above) turn them off when crossing. If on (not recommended), then airplane mode only.
• Leave it in the cloud: Get out of the habit of storing sensitive or private information on your devices. Use end-to-end encrypted cloud-storage accounts instead. Then disable those apps for traveling and delete the caches. CBP claims it is against policy for border agents to search cloud-stored data on electronic devices. Fingers crossed.
• About those photos: It’s cloud time again. Digital cameras don’t offer encrypted storage, so upload and delete if you’re worried. And, yes, digital cameras are considered electronic devices.
• “Privileged” travelers? We mean actual privilege, as in the attorney-client kind. Do not volunteer this information, but if agents announce they’re going to search, first let them know the device contains privileged material. In such cases, CBP is supposed to follow special procedures that set a higher bar. Again, fingers crossed.

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CBP agents can’t force you do anything (surrender a password, for example), but if you lock horns then you’d better be prepared to stay at the airport awhile or at least say goodbye to your electronic devices for weeks or even months.
 
This is all a pain. But the better strategy is to plan ahead.

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