PCMag editors select and review products independently. If you buy through affiliate links, we may earn commissions, which help support our testing.

Congress: Get a Warrant to Search Americans' Phones at Border

The Trump administration wants to expand electronic searches at the border. Congress wants to make sure Americans aren't swept up in those searches without a warrant.

 & Tom Brant Managing Editor

Our team tests, rates, and reviews more than 1,500 products each year to help you make better buying decisions and get more from technology.

Our Expert
LOOK INSIDE PC LABS HOW WE TEST
65 EXPERTS
43 YEARS
41,500+ REVIEWS

Foreigners who want to visit the US may be required to offer border agents access to their social media accounts and electronic devices under an expansion of border security rules the Trump administration announced on Tuesday. Congress, however, wants to make sure Americans aren't swept up in those searches without a warrant.

SecurityWatchTrump's planned searches appear to be directed at foreigners. But a bill that Sen. Ron Wyden, D-Ore., and his colleagues introduced on Tuesday afternoon would require a warrant to search US citizens' electronic devices at the border. Such searches are relatively uncommon, but are legal even without a warrant under current law, which Wyden described in a statement as "a legal Bermuda Triangle that currently allows law enforcement agencies to search Americans' phones and laptops – including pictures, email, and anything on the device and possibly the cloud."

Wyden's bipartisan bill is co-sponsored by Sen. Rand Paul, R-Ky., while its House counterpart was introduced by Rep. Jared Polis, D-Colo., and Rep. Blake Farenthold, R-Texas.

"The government should not have the right to access your personal electronic devices without probable cause," Rep. Polis said in a statement. "Whether you are at home, walking down the street, or at the border, we must make it perfectly clear that our Fourth Amendment protections extend regardless of location."

It's unclear whether the bill would apply to foreigners who are applying for a visa or permit to visit the US before they reach the border. The Trump administration's new security rules would require visa applicants to offer up their devices during the application process, something that isn't currently required, the Wall Street Journal reports. Officials would also ask applicants for their social media passwords.

The goal is to "figure out who you are communicating with," the Journal quoted an unnamed senior DHS official as saying. "What you can get on the average person's phone can be invaluable."

About Our Expert

Tom Brant

Tom Brant

Managing Editor

I’m a managing editor at PCMag.com focused on PC hardware. Reading this during the day? Then you've caught me testing gear and editing reviews of Wi-Fi routers, printers, laptops, and tons of other personal tech. (Reading this at night? Then I’m probably dreaming about all those cool products.) I’ve covered the consumer tech world as an editor, reporter, and analyst since 2015.

I've covered most major consumer tech events, including CES, Computex, Google I/O, and IFA. I've also appeared on CBS News, in USA Today, and at many other outlets to offer analysis on breaking technology news.

Before I joined the tech-journalism ranks, I wrote on topics as diverse as Borneo's rainforests, Middle Eastern airlines, and Big Data's role in presidential elections. A graduate of Middlebury College, I also have a master's degree in journalism and French Studies from New York University.

The Technology I Use

While most people buy a phone or laptop and stick with it for years, I’m lucky enough to use devices based on Android, iOS, macOS, and Windows daily as part of my job. As a result, I cycle through lots of tech in addition to my IT-issue work laptop. (Yes, that's a ThinkPad.) Personally, I’ve also owned a lot of tech products both cutting-edge and cringeworthy, from the Nintendo GameCube and the original MacBook to the Palm m105 and the CueCat.

Read full bio