The Canada Border Services Agency (“CBSA”) has published a written statement on its website that when the CBSA conducts an examination of electronic devices (e.g., laptops, smart phones, USB keys, etc.) at the Canadian border, CBSA officers must not search electronic documents marked as “solicitor-client”. The CBSA has published a webpage entitled “Examining digital
electronic devices
Border Searches of Electronic Devices
Earlier this month, MSK attorneys David Rugendorf and Frida Glucoft published an Alert summarizing the latest directive issued by Customs and Border Protection (CBP) regarding the search of electronic devices. A copy of their original article can be found here – Hold That Call International Travelers. Given the increasing likelihood of any traveler’s electronic…
Are You Asking The Right Questions When You Travel With Electronic Devices?
Canada
Technology is wonderful. Laptop computers are getting lighter. Storage capacity on laptop computers, smart phones, USB keys and other electronic devices are up in the terabytes. You can travel with your electronic devices and no one will know you are not in the office.
What this means is that we can travel with…
Tips for Traveling with Electronic Devices
In the September 18, 2017 Federal Register notice (see 82 FR 43556) , U.S. Citizenship and Immigration made clear it will now routinely require those applying to enter the U.S. to provide social media handles. As such, the obvious starting point for these tips must be a reminder that Customs and Border Protection (“CBP”) officers…
Can the CBSA Search My Electronic Devices?
Canada
We are often contacted by travelers after they have been selected (random or mandatory) for a secondary examination by the Canada Border Services Agency (“CBSA”) upon arrival at the Canadian border. Usually, the traveler had something on a laptop computer or smart phone that they did not want the CBSA to see or use…
Canada’s Privacy Commissioner Raises Concerns About USCBP Searches Of Electronic Devices
On June 8, 2017, Canada’s Privacy Commissioner sent a letter to the Parliamentary Committee reviewing Bill C-23 “Preclearance Act, 2016” to ask for amendments to cover searches of electronic devices by US Customs and Border Protection in Canada’s Pre-Clearance Areas. Bill C-23 has passed second reading in Canada’s House of Commons and is currently being…