Administration Clarifies And Limits Searches Of Electronic Devices At Border

On January 4, 2018, U.S. Customs and Border Protection (CBP) issued Directive 3340-049A, governing border searches of electronic devices. CBP's new directive updates and provides several improvements over the agency's initial directive, published nine years ago, regarding the policies and procedures for border searches of electronic devices conducted in furtherance of CBP's mission. CBP has implemented several key changes that aim to provide travelers with more clarity and protections regarding the procedures for electronic device searches; however, the numerous exceptions included in the new directive may, in practice, allow CBP to bypass some of these protections. Ultimately, the new directive serves as an upgrade over CBP's initial directive, provides additional protection for travelers by incorporating a reasonable suspicion standard for most "advanced" searches, and provides specific procedures to be followed when travelers assert the attorney–client privilege or