WilmerHale’s George Varghese, Benjamin Conery and Sierra Shear, have authored a Law360 article titled, “Prepare for More Electronic Device Searches at US Borders.” The piece describes the current state of the law related to border searches, with a focus on the law as it pertains to CBP and ICE authority to seize and examine electronic devices, and recent legal challenges to that authority that could ultimately change the landscape for these searches.
Excerpt: In recent years, the US Department of Justice has brought an increasing number of cases aimed at combating economic espionage as part of its China Initiative.1 This effort has included cases against scientific researchers working at American universities for alleged failures to disclose foreign ties or funding, and against efforts to smuggle federally funded research to China.
While federal prosecutors have charged a number of academic researchers across the US with a variety of crimes, many of these cases have one thing in common: The charges stem from a search of the researcher's physical luggage or electronic devices at an airport.
