Border risks abound with your cellphone and laptop computers, says Fairfax criminal lawyer

Border risks abound with your cellphone and laptop computers. As a Fairfax criminal lawyer, I have been well aware all times this year that I have driven into and out of Canada, about how I would deal with any decision (which did not materialize) by authorities in either country to seize and review my digital devices. Providing my device passwords invited finding confidential attorney-client information, delaying my getting to my next destination, and possible questioning about items and communications on my computer, even though all lawful. Declining giving my passwords invited having my devices seized for days, weeks or longer while working to crack my passwords, and possible prosecution with any court orders to produce my password if not provided by me. The latter scenarios only address United States procedure. When you travel, you are at your own risk if you do not know about the relevant law of each country you visit for seizing and searching your digital devices, let alone the nation’s relevant criminal law generally (for instance your rights for being released pending a criminal trial, and your right to remain silent or not with the police, your right to have a lawyer (and when), and whether the country’s laws presume a defendant innocent.)

Whether or not you have a good legal argument against a border seizure and search of your cellphone and laptop computer, you have the practical challenge of dealing with the circumstance at hand

The American Civil Liberties Union has a very good 2018 article that as of that time the Constitutionality of U.S. border authority seizure of cellphones and laptops was not settled in the courts, and providing practical tips for dealing with the possibility that such agents will decide to seize and review your devices. Although a possible pain is for you to consider having a cellphone and laptop dedicated to travel that has limited data thereon. Also know that any data you review online should be expected to appear on your device one way or another, at least with a data trail of your visit to a particular website.

Beware getting child pornography and obscenity on your digital devices, whether traveling or not

Any obtaining, viewing or sharing of child pornography puts the viewer at risk of severe prosecution in the United States. Obscenity can also be dealt with harshly in the United States, when prosecuted. (How wonderful it is when obscenity only gets prosecuted as a misdemeanor, as addressed in an episode of my Beat the Prosecution podcast.) Beyond any border issues, you can be taking big risks to seek any sexual material online. Unless the source of the material is a very reliable company that sells such material, you are left not knowing whether you will receive prosecutable material. Even the more reputable companies can falter, as witnessed by the huge financial hit (at least avoiding a prosecution hit) taken by companies that had to remove Traci Lords sexual videos from their stock after learning that she had mis-stated her age when acting at seventeen years old.

What is legal in country A may not be legal in the United States

In some nations, the age of sexual consent is as low as thirteen, when in Virginia and beyond sexual activity with a person that age risks extremely harsh penalties. Similarly, merely because a certain type of sexual video does not get prosecuted in county A does not mean it will not be prosecuted in the United States. Beware bringing any skin magazines or sexual DVDs across any international borders, and the same goes for being careful what you watch on the same laptop computer that you are going to bring into another country.

Am I as a Fairfax criminal lawyer telling you to self-censor?

This article is meant for your to make sensible and informed decisions in choosing whether to bring a mostly empty cellphone and laptop across national borders, figuring out how you will react if government agents seize your digital devices and ask for your password, and what you will do about bringing sexual material across national boarders or not. The last thing you want is for a pleasure trip or business trip to get a damper from a jolt of an interaction with such officials. If you do get accused or prosecuted for these and any other law violations, feel free to schedule a phone or in-person appointment with me by calling my Fairfax criminal defense law firm office at 703-383-1100, info@BeatTheProsecution.com, or (text) 571-406-7268.

Top-rated Fairfax criminal lawyer Jonathan Katz believes strongly in finding a way to blunt and transcend the obstacles thrown at you by Virginia prosecutions for alleged felony, misdemeanor and Virginia DUI violations. Jon Katz can usually talk with you, by appointment, within a business day of contacting us at 703-383-1100, info@BeatTheProsecution.com, or (text) 571-406-7268. Your initial consultation is free when in person and about a court-pending case.