United States Vs Cotterman Essay

Improved Essays
As Senator Barry Goldwater has famously said “I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue.” Are Americans willing to give up any expectation of digital privacy when traveling just to feel safe? Even if you have nothing to hide, the vulnerability (and access of digital information) provides an immense amount of data – of which may well be used against you in the future. Subsequently, are we willing to violate the digital rights of foreigners entering the country merely because they are traveling from Muslim countries?

U.S. Customs and Border Patrol (CBP) agents have now searching the phones and other digital devices of international (foreign) travelers upon entry into the United States. We might turn a blind eye as they are only searching non-citizens but it questions just how far the surveillance state is willing to go – just in the name of safety.
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Cotterman, the federal govenrment argued that there was no probable cause. Rather, because of the above-mentioned border search doctrine, they were able to search and detain [the digital possessions] of the Cotterman’s as they arrived from Mexico to a point of entry in Arizona. In explaining its decision, the court noted that “When carrying a laptop, tablet or other device, however, removing files unnecessary to an impending trip is an impractical solution given the volume and often intermingled nature of the files. It is also a time-consuming task that may not even effectively erase the files.” When discussing the forensic examination of the electronics, the court argued: “It is as if a search of a person’s suitcase could reveal not only what the bag contained on the current trip, but everything it had ever carried.” The court agreed that the government needs some sort of “reason of suspicion” and that digital files are much more intimate and revealing than just contents of a

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