Last week, the Ninth Circuit released its decision in U.S. v. Cotterman, articulating a new and fascinating standard for border searches of electronic devices. An en banc majority held that government agents need “reasonable suspicion” to justify “forensic examination” of electronic devices at the border. The ruling has been characterized as a win for digital privacy rights – as a general rule, no suspicion whatsoever is required to search people and property at the border. This jump from “no suspicion required” to “reasonable suspicion required” limits when the government can do “forensic examinations,” and grants an exceptional level of protection to electronic devices.
Some Thoughts (And Questions) About U.S. v. Cotterman – Part 1 of 2