Use this button to switch between dark and light mode.

ABA to DHS: Revise Border Search Rules of Electronic Devices to Protect Client Confidentiality

May 08, 2017 (1 min read)

American Bar Association, May 5, 2017 - Re: Preservation of Attorney-Client Privilege and Client Confidentiality for U.S. Lawyers and Their Clients During Border Searches of Electronic Devices

"On behalf of the American Bar Association (“ABA”), which has over 400,000 members, I write to express our serious concerns regarding the standards that permit U.S. Customs and Border Protection (“CBP”) and Immigration and Customs Enforcement (“ICE”) officers to search and review the content of lawyers’ laptop computers, cell phones, and other electronic devices at U.S. border crossings without any showing of reasonable suspicion. These devices typically contain client information that is inherently privileged or otherwise confidential. As ABA President, I have been contacted by our members who have expressed concern about maintaining the confidentiality of client information contained in lawyers’ electronic devices when re-entering the United States. I share these concerns and urge you to ensure that the proper policies and procedures are in place at the Department of Homeland Security (“DHS”), CBP, and ICE to preserve the attorney-client privilege, the work product doctrine, and the confidentiality of lawyer and client communications during border crossings and to prevent the erosion of these important legal principles."