US Customs says it can’t search cloud data at the border
Customs and Border Protection can’t search travelers’ cloud data at the border, according to a new statement by acting commissioner Kevin McAleenan that was obtained by NBC News. The statement was provided in advance of McAleenan’s Senate confirmation hearing, in response to a set of questions by Sen. Ron Wyden (D-OR).
In the letter, McAleenan draws a sharp distinction between data stored locally on the device and cloud data stored on remote servers. Customs has a fundamental mandate to search cargo as it enters the country, a mandate that McAleenan says extends to local disk drives:
Just as CBP is responsible for inspecting luggage, vehicles and cargo upon arrival to the United States, in this digital age, CBP must also conduct limited...