Crossing the American
border with electronic devices has long been a concern for both the public and lawyers in Canada.
Not exact matches
The
borders between these crystals interfere
with electron flow and have so far hampered development of
electronic devices based on carbon.
As a result of this difference between jurisdictions, the Munich - based Bundespatentgericht (Federal Patent Court of Germany) today sided
with Samsung and Google's Motorola Mobility in declaring an Apple iPhone patent, EP2059868 on a «portable
electronic device for photo management», invalid within the
borders of Germany because a video of the original January 2007 iPhone presentation already showed the famous bounce - back effect in the photo gallery, which is what this patent is all about.
«We recognize that security at the nation's
borders is of fundamental importance, and we acknowledge that lawyers traveling across the
border with laptops and other
electronic devices containing confidential client documents and other information could become subject to routine searches by CBP and [Immigration and Customs Enforcement] agents,» Klein wrote.
Under previous Department of Homeland Security standards, officers
with U.S. Customs and
Border Protection and Immigration and Customs Enforcement could search and review the content of lawyers» laptops, cellphones, tablets and other electronic devices at border crossings without any showing of reasonable susp
Border Protection and Immigration and Customs Enforcement could search and review the content of lawyers» laptops, cellphones, tablets and other
electronic devices at
border crossings without any showing of reasonable susp
border crossings without any showing of reasonable suspicion.
This article was published in the May 2018 issue of the ABA Journal
with the title «Setting Boundaries: ABA advocacy prompts new protections for lawyers»
electronic devices at US
border».
Border officers must consult
with CBP senior counsels before searching any
electronic devices allegedly containing privileged or protected material.
In R. v. Gibson (2017), the court held that the definition of «goods» included, for the purpose of s. 99 (1)(a) of the Customs Act, data stored in any
electronic device, including cell - phones, that is in «actual possession of or in accompanying baggage of traveller at time they arrive at
border and commence dealings
with customs officers.»
So the Canadian Bar Association (CBA) has published a list of suggestions for lawyers crossing the
border with laptops or
electronic devices.