Defending Device Data

Our Constitutional rights were written without any concept of modern technology such as cell phones and the internet. Much of our privacy laws are still geared towards the pre-digital age. Even though the internet is many decades old now, the era of traveling with smartphones and laptops is still relatively new and the laws around privacy have not kept up. Today I’ll be speaking with Nathan Freed Wessler from the ACLU about device searches, particularly at the US border. We’ll also talk about how cases relating to location tracking have evolved since the landmark Carpenter case that Nate successfully argued in front of the Supreme Court almost 10 years ago now.

Interview Notes

• ACLU: https://aclu.org/ 
• Nate Wessler: https://www.aclu.org/bios/nathan-freed-wessler 
• My first interview with Nate: https://podcast.firewallsdontstopdragons.com/2022/08/01/now-place-left-to-hide/
• ACLU facial recognition suit: https://reason.com/2026/06/11/aclu-sues-after-facial-recognition-falsely-identifies-florida-man-as-a-child-abductor/ 
• Travel Insecurity: https://firewallsdontstopdragons.com/border-insecurity/ 

Further Info

• My book: https://fdsd.me/book 
• My newsletter: https://fdsd.me/newsletter 
• Support the mission: https://fdsd.me/support 
• Give the gift of privacy and security: https://fdsd.me/coupons 
• Get your Firewalls Don’t Stop Dragons Merch! https://fdsd.me/merch 

Table of Contents

• 0:00:12: Intro
• 0:02:37: What makes border searches different, legally?
• 0:08:15: What is the 100 mile rule?
• 0:12:42: How do digital searches differ from physical?
• 0:19:26: What is digital contraband?
• 0:23:33: How does ‘in plain site’ work on a phone?
• 0:26:29: How has the Carpenter decision held up?
• 0:32:59: Should Carpenter apply to ALPRs?
• 0:41:29: How does AI complicate matters?
• 0:47:11: How should we prepare for border searches?
• 0:59:49: What about privileged or corporate data?
• 1:03:33: Can I lock my device before I hand it over?
• 1:05:30: What’s next for you and the ACLU?
• 1:08:36: Wrap up
• 1:11:01: Patron podcast preview
• 1:11:27: Looking ahead