Recent proposals to search the cellphones and social media profiles of visitors arriving at the U.S. border raise serious legal questions and are unwise from a policy perspective.
April Doss chairs the Cybersecurity and Privacy practice at Saul Ewing, and is the former Associate General Counsel for Intelligence Law at NSA. [The views expressed here are the author’s and not those of the NSA.]
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Earlier this week, the 9th Circuit Court of Appeals issued a long-awaited opinion in U.S. v. Mohamed Mohamud. The opinion has gotten some bounce, with pieces by Orin Kerr in the Post and by Jennifer Daskal and Elizabeth Goitein in Just Security. Thus far, reviews have been largely critical. But the critics are mistaken: the Court got it right.
We should audit the vote not for partisan reasons but because in cybersecurity matters, when there is any indication of a problem, an audit is the responsible and proper course.