There have been several interesting developments in the United States government’s war on free speech and privacy. First of all, the Department of Homeland Security’s (DHS) Customs and Border Protection Agency (CBP), which is responsible for actual entry of travelers into the country, has now declared that it can legally access phones and computers at ports of entry to determine if there is any subversive content which might impact on national security. “Subversive content” is, of course, subjective, but those seeking entry can be turned back based on how a border control agent perceives what he is perusing on electronic media.

Unfortunately, the intrusive nature of the procedure is completely legal, particularly as it applies to foreign visitors, and is not likely to be overturned in court in spite of the Fourth Amendment’s constitutional guarantee that individuals should “…be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Someone at a port of entry is not legally inside the United States until he or she has been officially admitted. And if that someone is a foreigner, he or she has no right by virtue of citizenship even to enter the country until entry has been permitted by an authorized US Customs and Border Protection official. And that official can demand to see anything that might contribute to the decision whether or not to let the person enter.

And there’s more to it than just that. Following the Israeli model for blocking entry of anyone who can even be broadly construed as supporting a boycott, the United States now also believes it should deny admittance to anyone who is critical of US government policy, which is a reversal of previous policy that considered political opinions to be off-limits for visa denial. DHS, acting in response to pressure from the White House, now believes it can adequately determine hostile intent from the totality of what appears on one’s phone or laptop, even if the material in question was clearly not put on the device by the owner. In other words, if a traveler has an email sent to him or her by someone else that complains about behavior by the United States government, he or she is responsible for that content.

One interesting aspect of the new policy is that it undercuts the traditional authority of US Embassies and Consulates overseas to issue visas to foreigners. The State Department visa process is rigorous and can include employment and real property verification, criminal record checks, social media reviews and Google-type searches. If there is any doubt about the visa applicant, entry into the US is denied. With the new DHS measures in place, this thoroughly vetted system is now sometimes being overruled by a subjective judgment made by someone who is not necessarily familiar with the traveler’s country or even regarding the threat level that being a citizen of that country actually represents.