A federal judge ruled today that U.S. officials at borders and airports should have “reasonable suspicion” before they search electronic devices, although a warrant is not needed.

U.S. District Judge Denise Casper in Boston ruled that such searches without good reason violate the Fourth Amendment, and officials should have specific facts before they search people’s electronic devices.

The ruling follows a lawsuit was filed in 2017 by a group of 11 Americans who had their devices searched when re-entering the U.S. Some of those people had their equipment taken by officials for weeks or months, according to the American Civil Liberties Union and the Electronic Frontier Foundation, who represented the group.

“The plaintiffs include a military veteran, journalists, students, an artist, a NASA engineer and a business owner,” the ACLU said. “Several are Muslims and people of color. All were reentering the country from business or personal travel when border officers searched their devices. They were not subsequently accused of any wrongdoing.”

The judge said that though security at the border is “paramount,” people’s privacy should not be violated. She added that “even border searches are not boundless.” The court did not rule that agents at borders should need probable cause and secure warrants before looking at devices, which is what the ACLU and EFF had wanted. Nonetheless, this is seen as victory for privacy advocates.

“This ruling significantly advances Fourth Amendment protections for the millions of international travelers who enter the United States every year,” said Esha Bhandari, staff attorney with the ACLU’s Speech, Privacy and Technology Project. “By putting an end to the government’s ability to conduct suspicionless fishing expeditions, the court reaffirms that the border is not a lawless place and that we don’t lose our privacy rights when we travel.”

It’s reported that during the presidency of Donald Trump the number of searches at borders and in airports has rocketed. But after this ruling, agents working with the Customs and Border Protection and the Immigration and Customs Enforcement departments may have to slow down.

 Photo: Nicola Romagna/Flickr