Burner Phones: U.S. Customs and Border Protection

Below is a summary of my YouTube video and podcast focusing on the issue of burner phones and U.S. Customs and Border Protection checking travelers’ phones, and what you can do to protect yourself.

Be Informed. Know Your Rights

So, you know I usually stick to the financial issues here on “Morning Coffee,” but lately, there’s something I just can’t ignore. We’re seeing this concerning trend of ICE stopping people at the border, especially those coming back from places like the Dominican Republic for Spring Break, and demanding access to their cell phones.

Listen to this podcast.

As a lawyer, this immediately raises red flags. We have a fundamental duty to protect client confidentiality and what we call work product. Messing that up can lead to serious sanctions, even disbarment. State bar associations even warn lawyers about protecting client data through cloud services.

But what’s troubling is what’s happening at Customs at the airports. Imagine being a lawyer coming back from a trip, and suddenly you’re detained by Customs and Border Protection and pressured to hand over your phone. There’s sensitive data in our cell phones. That’s not how it works! You need a court order to get that kind of information.

I even had a personal experience that touched on this. A friend was buying an antique car and almost got scammed, so I had him deposit the funds into my trust account. But he started making these large cash deposits, which triggered the bank. They called me demanding his information, and I flat-out refused. “Get a court order,” I told them. Attorney-client privilege exists for a reason.

Now, this puts lawyers in an impossible position. If they comply with ICE, they could face sanctions from the bar for violating confidentiality. If they refuse, they might get arrested, and still face bar sanctions! It’s a lose-lose situation. So, it’s not just tourists, but also U.S. citizens and lawyers having their phones checked.

I’m honestly disappointed that the State Bars haven’t stepped up to provide guidance or challenge this. They’re supposed to handle these kinds of issues, and their silence is deafening.

Tourists are being advised to scrub their phones of anything that could be seen as negative towards the U.S. government. My friend even met someone so worried she was deleting things before heading to Canada! It’s no wonder the U.S. is going to lose hundreds of billions in tourism dollars.

Maybe it’s Time for a Burner Phone For International Travel

So, what do you do? It’s a tough spot. You could leave your phone behind, ship it, use a burner, or even ditch your phone altogether and get a new one later. Even European officials are being given burner phones.

Being Cuban American, this whole thing feels eerily familiar. Having Cuban parents, I know all too well the stories of the Cuban government punishing those with negative opinions about the government. The fact that this is happening here, the idea of them going through anyone’s phone, let alone a lawyer’s, at Customs, is frankly scary.

But that is the point, isn’t it? Intimidate us into silence and submission. So, imagine when a Senator confirms her fears, as Senator Lisa Murkowski from Alaska did so recently.

So, my advice, as always, is to figure out your unique situation and take whatever steps you need to protect yourself. Stay safe, stay informed, and take care.

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