News & Analysis as of

Electronic Devices Customs and Border Protection

Foley Hoag LLP

CBP May Have Begun Long-Awaited Enforcement Action Against Auto Industry Under UFLPA – Reports Indicate Thousands of Volkswagen...

Foley Hoag LLP on

Customs and Border Protection Impounds Thousands of Volkswagen Vehicles - On February 14, 2024, it was reported that U.S. Customs and Border Protection (“CBP”) had impounded thousands of Volkswagen Group’s (“Volkswagen”)...more

Eversheds Sutherland (US) LLP

The First Circuit Court of Appeals confirms government’s expansive authority to search electronic devices

In a closely watched decision, the US Court of Appeals for the First Circuit confirmed the government’s expansive authority to search cell phones, laptops, and other electronic devices at the border. On February 9, 2021, the...more

Vinson & Elkins LLP

Think Before You Pack that Laptop—Searches At The U.S. Border May Compromise Personal And Corporate Data

Vinson & Elkins LLP on

A new decision from the First Circuit upholding the federal government’s authority to search the electronic devices of anyone entering the United States — in some instances without a warrant, probable cause, or even...more

WilmerHale

Prepare For More Electronic Device Searches At U.S. Borders

WilmerHale on

In recent years, the U.S. Department of Justice has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative. This effort has included cases against scientific researchers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New State Department Social Media Requirement Expected to Cause Delays

Foreign nationals are now required to provide a five-year history of social media usernames, telephone numbers, and email addresses when applying for U.S. nonimmigrant or immigrant visas. The plan to require more information...more

Benesch

U.S. Customs and Border Protection Updates Directive on Searches of Electronic Devices

Benesch on

U.S. Customs and Border Protection (“CBP”) recently updated its 2009 directive pertaining to border searches of electronic devices. The Supreme Court of the United States has deemed warrantless searches by CBP legal and...more

Foley Hoag LLP

Border Searches of Travelers’ Electronic Devices Remain an Evolving Area of U.S. Law

Foley Hoag LLP on

Last year, we provided an update on the Trump administration’s controversial ramp up of border searches and inspections of electronic devices of travelers applying for admission to the U.S. A variety of travelers have since...more

Wilson Sonsini Goodrich & Rosati

New Policy for Device Searches at Borders Issued by CBP

In early January 2018, U.S. Customs and Border Protection (CBP) announced an updated policy for searching electronic devices at U.S. borders. The new directive supersedes a previous directive that was released in August 2009....more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd. a...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - January 2018

ANTICORRUPTION DEVELOPMENTS - Mega International Commercial Bank Co. Ltd. Fined $29 Million - On January 17, 2018, the U.S. Federal Reserve Board assessed Taiwan based bank Mega International Commercial Bank Co. Ltd....more

K2 Integrity

Border Searches: Risks to Electronic Devices and Your Data

K2 Integrity on

U.S. citizens who travel internationally, especially corporate executives and high-net-worth individuals, must consider and navigate data security risks when crossing a border—whether into the United States or another...more

Jackson Lewis P.C.

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

Jackson Lewis P.C. on

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which...more

Lowndes

International Travelers: You Have No Rights

Lowndes on

Not many Americans realize, or think about the fact, that when they enter or exit the United States they essentially do not have any right to privacy. What this means, as a practical matter, is that Customs and Border...more

Foster Garvey PC

Inspection of Personal Electronic Devices Conducted by U.S. Customs and Border Protection Officers on the Rise

Foster Garvey PC on

International travelers from and to the United States may increasingly encounter an inspection of personal electronic devices conducted by U.S. Customs and Border Protection (“CBP”) officers. The selection may be for a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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...more

Womble Bond Dickinson

Can They Really Do That?

Womble Bond Dickinson on

Best Practices for Managing U.S. Border Searches of Electronic Devices - Effective October 18, 2017, the U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs...more

King & Spalding

ABA Urges DHS To Review Standards On Border Searches Of Lawyers’ Electronic Devices

King & Spalding on

In a May 5, 2017 letter to the Department of Homeland Security (“DHS”), American Bar Association (“ABA”) President Linda Klein urged DHS to revise directives issued in 2009 to U.S. Customs and Border Protection (“CBP”) and...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth...

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare...more

Snell & Wilmer

On the Border: Lawmakers Seek to End Warrantless Searches of Electronic Devices by Border Authorities

Snell & Wilmer on

The controversial practice of U.S. Customs and Border Protection (CBP) agents randomly demanding that Americans turn over passwords to their mobile devices so they can be searched at the border and at ports of entry may be...more

Mintz - Immigration Viewpoints

FAQs for Entering the U.S.—Entry Inspection and Electronic Devices

All individuals entering the U.S. at international ports of entry are inspected by US Customs & Border Protection (CBP). This occurs at either the arrival airport in the U.S., Pre-Flight Inspection if flying from most...more

Proskauer - Law and the Workplace

Immigration Fact or Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of...more

Dickinson Wright

Crossing the Border with Electronics - Helpful Tips and Pitfalls to Avoid

Dickinson Wright on

International travelers have been reporting that cell phones, computers, and other communication devices are being seized by Officers of the U.S. Customs and Border Protection (“USCBP”) branch of the U.S. Department of...more

Proskauer - Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

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