Latest / Challenges of Faith Radio Program / Did u hear? Ep 3416

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Did u hear? Ep 3416 · Challenges of Faith Radio Program

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  Speaker 1: Welcome back to Challenges of Faith Radio Program. I'm Gary McCann.
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  Speaker 1: Thank you for joining. On the Did You Hear? episode 3416,
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  Speaker 1: Reclaim the Net indicates that the court has ruled that
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  Speaker 1: your phone, you know the ones that you always use,
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  Speaker 1: is fair game at the United States border. If you
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  Speaker 1: are a US citizen when you travel abroad, the US
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  Speaker 1: Constitution's Fourth Amendment, which protects you from unreasonable searches and seizures,
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  Speaker 1: is not there to shield you from having your phone
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  Speaker 1: searched and its contents copied. Did you hear? You sure?
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  Speaker 1: That means that you can be searched coming back into
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  Speaker 1: the United States. At least that is the effect of
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  Speaker 1: a ruling by the U.S. Court of Appeals for the
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  Speaker 1: Second Circuit that said Customs and Border Protection, CBP, has
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  Speaker 1: a right to do that at an international border and
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  Speaker 1: that the search does not require a warrant. Probable cause,
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  Speaker 1: reasonable suspicion, or individualized suspicion of any kind. The court
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  Speaker 1: refused to extend the 2014 Supreme Court ruling in Riley v. California,
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  Speaker 1: which says police need a warrant to search a phone
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  Speaker 1: seized during an arrest. The appeals court said this ruling
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  Speaker 1: did not disturb our precedent holding that a search of
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  Speaker 1: a traveler's property at the border is a routine search
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  Speaker 1: that requires no suspicions. Instead, the court said that the
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  Speaker 1: government has as strong an interest in digital contraband as
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  Speaker 1: any other property, and that the border search exception serves
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  Speaker 1: the purpose of preventing the entry of unwanted persons or
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  Speaker 1: things into the country, not only specific types of contraband.
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  Speaker 1: And so the court concluded it is not limited to
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  Speaker 1: cases in which the government is investigating border crimes. The
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  Speaker 1: case is United States v. Al-Azri and was decided on
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  Speaker 1: September 17, 2026. The case involved a lawful permanent resident
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  Speaker 1: whose phones were searched in 2019 and 2021 at JFK
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  Speaker 1: International Airport. The evidence obtained from the phones was used
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  Speaker 1: against him and he was convicted of conspiracy to commit
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  Speaker 1: bank fraud, bank fraud and conspiracy to commit money laundering.
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  Speaker 1: He argued that the searches violated the Fourth Amendment and
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  Speaker 1: wanted the evidence to be suppressed. But the appeals court disagreed,
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  Speaker 1: going even further than it had to, by declaring that
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  Speaker 1: no suspicion of any kind is needed to carry out
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  Speaker 1: such searches. Judge Eunice C. Leak concurred in the judgment only,
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  Speaker 1: and in her opinion, she wrote that the majority went
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  Speaker 1: too far by declaring that the searches are routine. A
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  Speaker 1: standard that permits the search of every international traveler's cell
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  Speaker 1: phone without suspicion means that any person who goes on
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  Speaker 1: vacation or a business trip anywhere outside the country can
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  Speaker 1: be subject upon their return home to review of their
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  Speaker 1: medical records, financial information, personal messages, internet search, and viewing habits,
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  Speaker 1: location tracking, and any other private information that may be
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  Speaker 1: contained on their cell phone through store data, apps, or
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  Speaker 1: cloud connection, she wrote. This unrestricted authority to search is
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  Speaker 1: not only a carefully crafted exception to the Fourth Amendment
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  Speaker 1: to address an immigration or contraband-related interest in controlling who
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  Speaker 1: or what comes into the country, it eliminates Fourth Amendment
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  Speaker 1: protections in this context, Judge Lee continued. And an unrestricted
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  Speaker 1: and suspicionless search of a cell phone is intrusive enough
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  Speaker 1: to warrant greater protection than the majority gives it today,
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  Speaker 1: which is none. Judge Lee also noted that under the
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  Speaker 1: majority's view, officers at an international airport may search a
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  Speaker 1: traveler's phone data with no suspicion and for any reason,
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  Speaker 1: including political or discriminatory ones. But Owen Kerr, a Stanford
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  Speaker 1: Law professor and Fourth Amendment scholar, hopes the highest U.S.
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  Speaker 1: court would take it and says, If the court could
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  Speaker 1: take on geofencing and chaperoning, it could take on the
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  Speaker 1: border search exception for cell phones, and it should. Meanwhile, Patrick,
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  Speaker 1: a senior attorney at the Institute for Justice, was scathing
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  Speaker 1: in his criticism of the ruling. In legal terms, this
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  Speaker 1: is nuts, of course, a suspicious search of someone's phone,
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  Speaker 1: a tool indispensable to participation in modern society. violates a
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  Speaker 1: person's right to be secured in his papers and effects.
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  Speaker 1: If precedent leads to a different conclusion, it must be discarded.
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  Speaker 1: What did you hear? The two rulings came after the
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  Speaker 1: Supreme Court held in June that getting a phone location
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  Speaker 1: dated through a geofence is a Fourth Amendment search. According
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  Speaker 1: to Cyber News, Revolut confirms that It handed customer data
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  Speaker 1: to scammers posing as government agencies. The data reporting includes
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  Speaker 1: copies of identity documents such as passports and driver's licenses
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  Speaker 1: as well as complete transaction histories. It's not just ordinary
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  Speaker 1: people who false the scams. Major companies can be fooled too.
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  Speaker 1: British fintech Revolut confirmed it disclosed sensitive customer information after
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  Speaker 1: receiving fraudulent data requests from what appeared to be a
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  Speaker 1: legitimate government agency email account. Upon detection, we immediately blocked
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  Speaker 1: the address and alerted the relevant government agency as well
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  Speaker 1: as enforcement agencies, data protection, and financial regulators, a spokesperson
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  Speaker 1: told Reuters. The compromised data included customers' birthdates, postal and
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  Speaker 1: email addresses, occupation and phone numbers, as well as copies
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  Speaker 1: of their identity documents including passports and driver licenses, according
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  Speaker 1: to reports. TechCrunch reported that verification selfies, account statements, and
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  Speaker 1: transaction histories may also have been included. According to a
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  Speaker 1: separate report, the compromised data included IBANs, withdrawal records, and
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  Speaker 1: complete transaction histories, as well as Bitcoin transactions, as I
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  Speaker 1: slow down. It's not just ordinary people who fall for scams. Again,
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  Speaker 1: major companies can be fooled as well. Now, if you
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  Speaker 1: know that major companies can be fooled, how about you
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  Speaker 1: as an individual, me as an individual? There was one
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  Speaker 1: affected person that shared the email received from Revolut on
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  Speaker 1: X complaining that the breach came right after Revolut sent
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  Speaker 1: him a notification to provide a lot of data but
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  Speaker 1: we'll close your account in 20 days. The exact number
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  Speaker 1: of those affected is undisclosed, but a spokesperson told TechCrunch
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  Speaker 1: that the breach impacted a limited number of customers who
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  Speaker 1: had been contacted directly. Revolut's systems and customer funds are unaffected,
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  Speaker 1: the spokesperson added. The attack was described as a sophisticated
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  Speaker 1: external impersonation scam. involving an email address on a legitimate
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  Speaker 1: government agency domain used to submit fraudulent requests for information.
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  Speaker 1: The name of the agency was not released. Are you
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  Speaker 1: taking chances? Have you checked to see if your data
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  Speaker 1: has been leaked? Or have you? Have your password been leaked?
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  Speaker 1: You sure? Well, look at our show notes. There are
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  Speaker 1: ways you can... Check to see, in fact, if you
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  Speaker 1: are or have been. Again, thank you for tuning in
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  Speaker 1: to Challenges of Faith radio program, and see you the
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  Speaker 1: next time.