• Compliance,  Fifth Amendment,  International

    The Border, Searches and the Digital Devices of Executives and Employees

    Here’s a story (via @nytimes) about how the border is a back door for device searches. There is, of course, a “border exception” to the Fourth Amendment, a constitutional doctrine that came of age when national physical borders were also, usually, information-borders as well.  Although the discussion in the article takes place in the national-security context, it’s worth American companies giving more careful thought to how they address the way their executives and employees work and travel.  Employees usually love using their own devices and storing company data in ways that are readily accessible to and productive for them. At the border, though, all that corporate data is free game.…