Security

Apple Says Mac Users Targeted in Zero-Day Cyberattacks (techcrunch.com) 9

Apple has pushed out security updates that it says are "recommended for all users," after fixing a pair of security bugs used in active cyberattacks targeting Mac users. From a report: In a security advisory on its website, Apple said it was aware of two vulnerabilities that "may have been actively exploited on Intel-based Mac systems." The bugs are considered "zero day" vulnerabilities because they were unknown to Apple at the time they were exploited.

[...] The vulnerabilities were reported by security researchers at Google's Threat Analysis Group, which investigates government-backed hacking and cyberattacks, suggesting that a government actor may be involved in the attacks.

EU

Meta Fined $840 Million For Breaching EU Antitrust Rules (bloomberg.com) 41

The European Union has fined Meta $840 million for unfairly tying its Facebook Marketplace classified ads service to its social network, marking the company's first EU antitrust penalty.

The European Commission ruled Meta must stop bundling Marketplace with Facebook's social platform and cease imposing unfair conditions on competing classified ads services. Regulators found Meta exploited Facebook's massive user base to disadvantage rivals and used competitors' advertising data to enhance Marketplace.

EU antitrust chief Margrethe Vestager said Meta "tied its online classified ads service Facebook Marketplace to its personal social network Facebook and imposed unfair trading conditions on other online classified ads service providers."
The Almighty Buck

JPMorgan Begins Suing Customers In 'Infinite Money Glitch' (cnbc.com) 222

JPMorgan Chase is suing customers who exploited an ATM glitch that allowed them to withdraw funds before a check bounced. CNBC reports: The bank on Monday filed lawsuits in at least three federal courts, taking aim at some of the people who withdrew the highest amounts in the so-called infinite money glitch that went viral on TikTok and other social media platforms in late August. [...] JPMorgan, the biggest U.S. bank by assets, is investigating thousands of possible cases related to the "infinite money glitch," though it hasn't disclosed the scope of associated losses. Despite the waning use of paper checks as digital forms of payment gain popularity, they're still a major avenue for fraud, resulting in $26.6 billion in losses globally last year, according to Nasdaq's Global Financial Crime Report.

The infinite money glitch episode highlights the risk that social media can amplify vulnerabilities discovered at a financial institution. Videos began circulating in late August showing people celebrating the withdrawal of wads of cash from Chase ATMs shortly after bad checks were deposited. Normally, banks only make available a fraction of the value of a check until it clears, which takes several days. JPMorgan says it closed the loophole a few days after it was discovered.

The lawsuits are likely to be just the start of a wave of litigation meant to force customers to repay their debts and signal broadly that the bank won't tolerate fraud, according to the people familiar. JPMorgan prioritized cases with large dollar amounts and indications of possible ties to criminal groups, they said. The civil cases are separate from potential criminal investigations; JPMorgan says it has also referred cases to law enforcement officials across the country.
"Fraud is a crime that impacts everyone and undermines trust in the banking system," JPMorgan spokesman Drew Pusateri said in a statement to CNBC. "We're pursuing these cases and actively cooperating with law enforcement to make sure if someone is committing fraud against Chase and its customers, they're held accountable."
Security

How WatchTowr Explored the Complexity of a Vulnerability in a Secure Firewall Appliance (watchtowr.com) 9

Cybersecurity startup Watchtowr "was founded by hacker-turned-entrepreneur Benjamin Harris," according to a recent press release touting their Fortune 500 customers and $29 million investments from venture capital firms. ("If there's a way to compromise your organization, watchTowr will find it," Harris says in the announcement.)

This week they shared their own research on a Fortinet FortiGate SSLVPN appliance vulnerability (discovered in February by Gwendal Guégniaud of the Fortinet Product Security team — presumably in a static analysis for format string vulnerabilities). "It affected (before patching) all currently-maintained branches, and recently was highlighted by CISA as being exploited-in-the-wild... It's a Format String vulnerability [that] quickly leads to Remote Code Execution via one of many well-studied mechanisms, which we won't reproduce here..."

"Tl;dr SSLVPN appliances are still sUpEr sEcurE," their post begains — but the details are interesting. When trying to test an exploit, Watchtowr discovered instead that FortiGate always closed the connection early, thanks to an exploit mitigation in glibc "intended to hinder clean exploitation of exactly this vulnerability class." Watchtowr hoped to "use this to very easily check if a device is patched — we can simply send a %n, and if the connection aborts, the device is vulnerable. If the connection does not abort, then we know the device has been patched... " But then they discovered "Fortinet added some kind of certificate validation logic in the 7.4 series, meaning that we can't even connect to it (let alone send our payload) without being explicitly permitted by a device administrator." We also checked the 7.0 branch, and here we found things even more interesting, as an unpatched instance would allow us to connect with a self-signed certificate, while a patched machine requires a certificate signed by a configured CA. We did some reversing and determined that the certificate must be explicitly configured by the administrator of the device, which limits exploitation of these machines to the managing FortiManager instance (which already has superuser permissions on the device) or the other component of a high-availability pair. It is not sufficient to present a certificate signed by a public CA, for example...

Fortinet's advice here is simply to update, which is always sound advice, but doesn't really communicate the nuance of this vulnerability... Assuming an organisation is unable to apply the supplied workaround, the urgency of upgrade is largely dictated by the willingness of the target to accept a self-signed certificate. Targets that will do so are open to attack by any host that can access them, while those devices that require a certificate signed by a trusted root are rendered unexploitable in all but the narrowest of cases (because the TLS/SSL ecosystem is just so solid, as we recently demonstrated)...

While it's always a good idea to update to the latest version, the life of a sysadmin is filled with cost-to-benefit analysis, juggling the needs of users with their best interests.... [I]t is somewhat troubling when third parties need to reverse patches to uncover such details.

Thanks to Slashdot reader Mirnotoriety for sharing the article.
Science

People Think They Already Know Everything They Need To Make Decisions 99

New research challenges assumptions about decision-making, revealing people tend to believe they have sufficient information regardless of actual data at hand. A study by Gehlbach, Robinson, and Fletcher, published earlier this month, found participants consistently overestimated their knowledge when given partial information on a hypothetical school merger scenario.

Nearly 90% favored merger when presented pro-merger facts, while only 25% did when given opposing data. However, opinions shifted when full information was provided, suggesting malleability of views despite initial overconfidence. Researchers caution this bias could be exploited in today's fractured media landscape, where partial or misleading information often circulates unchecked.
The Internet

Ukraine Arrests VPN Operator Facilitating Access to Russian Internet (circleid.com) 122

penciling_in writes: Ukrainian authorities have arrested a 28-year-old man in Khmelnytskyi for running an illegal VPN service that allowed users to bypass Ukrainian sanctions and access the Russian internet (Runet). The VPN, active since Russia's invasion, enabled Russian sympathizers and people in occupied territories to reach blocked Russian government sites, social media, and news.

Handling over 100GB of data daily and linking to 48 million Russian IP addresses, the VPN may have been exploited by Russian intelligence. Ukrainian cyber police, in collaboration with the National Security Service, seized servers and equipment in multiple locations. The suspect faces charges under Part 5 of Article 361 of Ukraine's Criminal Code, which could lead to a 15-year prison sentence. Investigations are ongoing into further connections and funding sources. The case highlights the growing role of VPNs in the ongoing cyberwar between Ukraine and Russia.

Firefox

Mozilla Releases Firefox 131 With Tab Preview and Text-Specific Links 25

Mozilla has released Firefox 131 for multiple platforms, addressing security vulnerabilities and introducing some new features. The update fixes at least seven high-risk security issues, none reportedly exploited in the wild. New features include Tab Preview, which displays thumbnails and details when hovering over background tabs, and temporary location permission storage. Firefox now also supports URL fragment text directives, allowing users to link to specific text passages on web pages.
Security

Critical Unauthenticated RCE Flaw Impacts All GNU/Linux Systems (cybersecuritynews.com) 153

"Looks like there's a storm brewing, and it's not good news," writes ancient Slashdot reader jd. "Whether or not the bugs are classically security defects or not, this is extremely bad PR for the Linux and Open Source community. It's not clear from the article whether this affects other Open Source projects, such as FreeBSD." From a report: A critical unauthenticated Remote Code Execution (RCE) vulnerability has been discovered, impacting all GNU/Linux systems. As per agreements with developers, the flaw, which has existed for over a decade, will be fully disclosed in less than two weeks. Despite the severity of the issue, no Common Vulnerabilities and Exposures (CVE) identifiers have been assigned yet, although experts suggest there should be at least three to six. Leading Linux distributors such as Canonical and RedHat have confirmed the flaw's severity, rating it 9.9 out of 10. This indicates the potential for catastrophic damage if exploited. However, despite this acknowledgment, no working fix is still available. Developers remain embroiled in debates over whether some aspects of the vulnerability impact security.
Cloud

Multiple Attacks Force CISA to Order US Agencies to Upgrade or Remove End-of-Life Ivanti Appliance (therecord.media) 20

On Tuesday Ivanti issued a "high severity vulnerability" announcement for version 4.6 of its Cloud Service Appliance (or CSA). "Successful exploitation could lead to unauthorized access to the device running the CSA." And Friday that announcement got an update: Ivanti "has confirmed exploitation of this vulnerability in the wild."

While Ivanti released a security update, they warned that "with the end-of-life status this is the last fix that Ivanti will backport for this version. Customers must upgrade to Ivanti CSA 5.0 for continued support."

This prompted a response from CISA (the Cybersecurity and Infrastructure Security Agency, part of the U.S. Department of Homeland Security). The noted that Ivanti is urging customers to upgrade to version 5.0, as "Ivanti no longer supports CSA 4.6 (end-of-life)." But in addition, CISA "ordered all federal civilian agencies to remove CSA 4.6. from service or upgrade to the 5.0. by October 4," reports the Record: Ivanti said users will know they are impacted by exploitation of the bug by looking to see if there are modified or newly added administrative users. They also urged customers to check security alerts if they have certain security tools involved.

The issue arose one day after another Ivanti bug caused alarm among defenders. The company pledged a security overhaul in April after a cascade of headline-grabbing nation-state attacks broke through the systems of government agencies in the U.S. and Europe using vulnerabilities in Ivanti products.

United States

US Takes Aim At Shein and Temu With New Import Rule Proposal (theverge.com) 63

The Biden administration is proposing new rules to limit the "de minimis" exemption, which some Chinese e-commerce companies like Shein and Temu use to ship low-cost goods under $800 to U.S. customers without tariffs. The changes would subject certain shipments to closer inspection and tariffs, aiming to protect American consumers and businesses by ensuring a level playing field against Chinese platforms that have exploited this loophole. The Verge reports: Under the proposed rules, the US will prevent companies from claiming the de minimis exemption if their goods are covered by Section 301, Section 232, and Section 201 tariffs, which apply to products from China, steel, and aluminum, as well as washing machines and solar panels. In addition to slapping these shipments with tariffs, the rule change would subject them to closer inspection by US Customs and Border Protection.

The Biden administration said the proposal would help "protect consumers from goods that do not meet regulatory health and safety standards." Even though Shein is headquartered in Singapore, it's known for cheap fast fashion that's mainly manufactured in China. The China-based Temu sells clothes, household items, electronics, and a variety of other goods made in the country as well.

Windows

Windows Update Zero-Day Being Exploited To Undo Security Fixes (securityweek.com) 35

wiredmikey shares a report from SecurityWeek: Microsoft on Tuesday raised an alarm for in-the-wild exploitation of a critical flaw in Windows Update, warning that attackers are rolling back security fixes on certain versions of its flagship operating system. The Windows flaw, tagged as CVE-2024-43491 and marked as actively exploited, is rated critical and carries a CVSS severity score of 9.8/10. Redmond's documentation of the bug suggests a downgrade-type attack similar to the 'Windows Downdate' issue discussed at this year's Black Hat conference. Microsoft's bulletin reads: "Microsoft is aware of a vulnerability in Servicing Stack that has rolled back the fixes for some vulnerabilities affecting Optional Components on Windows 10, version 1507 (initial version released July 2015). This means that an attacker could exploit these previously mitigated vulnerabilities on Windows 10, version 1507 (Windows 10 Enterprise 2015 LTSB and Windows 10 IoT Enterprise 2015 LTSB) systems that have installed the Windows security update released on March 12, 2024 -- KB5035858 (OS Build 10240.20526) or other updates released until August 2024. All later versions of Windows 10 are not impacted by this vulnerability."

To protect against this exploit, Microsoft says Windows users should install this month's Servicing stack update (SSU KB5043936) and the September 2024 Windows security update (KB5043083), in that order.
United States

Investigation Finds 'Little Oversight' Over Crucial Supply Chain for US Election Software (politico.com) 94

Politico reports U.S. states have no uniform way of policing the use of overseas subcontractors in election technology, "let alone to understand which individual software components make up a piece of code."

For example, to replace New Hampshire's old voter registration database, state election officials "turned to one of the best — and only — choices on the market," Politico: "a small, Connecticut-based IT firm that was just getting into election software." But last fall, as the new company, WSD Digital, raced to complete the project, New Hampshire officials made an unsettling discovery: The firm had offshored part of the work. That meant unknown coders outside the U.S. had access to the software that would determine which New Hampshirites would be welcome at the polls this November.

The revelation prompted the state to take a precaution that is rare among election officials: It hired a forensic firm to scour the technology for signs that hackers had hidden malware deep inside the coding supply chain. The probe unearthed some unwelcome surprises: software misconfigured to connect to servers in Russia ["probably by accident," they write later] and the use of open-source code — which is freely available online — overseen by a Russian computer engineer convicted of manslaughter, according to a person familiar with the examination and granted anonymity because they were not authorized to speak about it... New Hampshire officials say the scan revealed another issue: A programmer had hard-coded the Ukrainian national anthem into the database, in an apparent gesture of solidarity with Kyiv.

None of the findings amounted to evidence of wrongdoing, the officials said, and the company resolved the issues before the new database came into use ahead of the presidential vote this spring. This was "a disaster averted," said the person familiar with the probe, citing the risk that hackers could have exploited the first two issues to surreptitiously edit the state's voter rolls, or use them and the presence of the Ukrainian national anthem to stoke election conspiracies. [Though WSD only maintains one other state's voter registration database — Vermont] the supply-chain scare in New Hampshire — which has not been reported before — underscores a broader vulnerability in the U.S. election system, POLITICO found during a six-month-long investigation: There is little oversight of the supply chain that produces crucial election software, leaving financially strapped state and county offices to do the best they can with scant resources and expertise.

The technology vendors who build software used on Election Day face razor-thin profit margins in a market that is unforgiving commercially and toxic politically. That provides little room for needed investments in security, POLITICO found. It also leaves states with minimal leverage over underperforming vendors, who provide them with everything from software to check in Americans at their polling stations to voting machines and election night reporting systems. Many states lack a uniform or rigorous system to verify what goes into software used on Election Day and whether it is secure.

The article also points out that many state and federal election officials "insist there has been significant progress" since 2016, with more regular state-federal communication. "The Cybersecurity and Infrastructure Security Agency, now the lead federal agency on election security, didn't even exist back then.

"Perhaps most importantly, more than 95% of U.S. voters now vote by hand or on machines that leave some type of paper trail, which officials can audit after Election Day."
Social Networks

Washington Post Calls Telegram 'a Haven for Free Speech - and Child Predators' (yahoo.com) 82

The Washington Post writes that Telegram's "anything-goes approach" to its 950 million users "has also made it one of the internet's largest havens for child predators, experts say...."

"Durov's critics say his public idealism masks an opportunistic business model that allows Telegram to profit from the worst the internet has to offer, including child sexual abuse material, or CSAM... " [Telegram is] an app of choice for political organizing, including by dissidents under repressive regimes. But it is equally appealing for terrorist groups, criminal organizations and sexual predators, who use it as a hub to share and consume nonconsensual pornography, AI "deepfake" nudes, and illegal sexual images and videos of exploited minors, said Alex Stamos, chief information security officer at the cybersecurity firm SentinelOne. "Due to their advertised policy of not cooperating with law enforcement, and the fact that they are known not to scan for CSAM, Telegram has attracted large groups of pedophiles trading and selling child abuse materials," Stamos said.

That reach comes even though many Telegram exchanges don't actually use the strong forms of encryption available on true private messaging apps, he added. Telegram is used for private messaging, public posts and group chats. Only one-to-one conversations can be encrypted in a way that even Telegram can't access them. And that occurs only if users choose the option, meaning the company could turn over everything else to governments if it wanted to... French prosecutors argue that Durov is in fact responsible for Telegram's emergence as a global haven for illegal content, including CSAM, because of his reluctance to moderate it and his refusal to help authorities police it, among other allegations...

David Kaye, a professor at University of California, Irvine School of Law and former U.N. special rapporteur on freedom of expression... said that while Telegram has at times banned groups and taken down [CSAM] content in response to law enforcement, its refusal to share data with investigators sets it apart from most other major tech companies. Unlike U.S.-based platforms, Telegram is not required by U.S. law to report instances of CSAM to the National Center for Missing and Exploited Children, or NCMEC. Many online platforms based overseas do so anyway — but not Telegram. "NCMEC has tried to get them to report, but they have no interest and are known for not wanting to work with [law enforcement agencies] or anyone in this space," a NCMEC spokesperson said.

The Post also writes that Telegram "has repeatedly been revealed to serve as a tool to store, distribute and share child sexual imagery." (They cite several examples, including two different men convicted to minimum sentences of at least 10 years for using the service to purchase CSAM and solicit explicit photos from minors.)
Microsoft

Microsoft's Copilot Falsely Accuses Court Reporter of Crimes He Covered (the-decoder.com) 47

An anonymous reader shares a report: Language models generate text based on statistical probabilities. This led to serious false accusations against a veteran court reporter by Microsoft's Copilot. German journalist Martin Bernklau typed his name and location into Microsoft's Copilot to see how his culture blog articles would be picked up by the chatbot, according to German public broadcaster SWR. The answers shocked Bernklau. Copilot falsely claimed Bernklau had been charged with and convicted of child abuse and exploiting dependents. It also claimed that he had been involved in a dramatic escape from a psychiatric hospital and had exploited grieving women as an unethical mortician.

Copilot even went so far as to claim that it was "unfortunate" that someone with such a criminal past had a family and, according to SWR, provided Bernklau's full address with phone number and route planner. I asked Copilot today who Martin Bernklau from Germany is, and the system answered, based on the SWR report, that "he was involved in a controversy where an AI chat system falsely labeled him as a convicted child molester, an escapee from a psychiatric facility, and a fraudster." Perplexity.ai drafts a similar response based on the SWR article, explicitly naming Microsoft Copilot as the AI system.

Privacy

Microsoft Copilot Studio Exploit Leaks Sensitive Cloud Data (darkreading.com) 8

An anonymous reader quotes a report from Dark Reading: Researchers have exploited a vulnerability in Microsoft's Copilot Studio tool allowing them to make external HTTP requests that can access sensitive information regarding internal services within a cloud environment -- with potential impact across multiple tenants. Tenable researchers discovered the server-side request forgery (SSRF) flaw in the chatbot creation tool, which they exploited to access Microsoft's internal infrastructure, including the Instance Metadata Service (IMDS) and internal Cosmos DB instances, they revealed in a blog post this week. Tracked by Microsoft as CVE-2024-38206, the flaw allows an authenticated attacker to bypass SSRF protection in Microsoft Copilot Studio to leak sensitive cloud-based information over a network, according to a security advisory associated with the vulnerability. The flaw exists when combining an HTTP request that can be created using the tool with an SSRF protection bypass, according to Tenable.

"An SSRF vulnerability occurs when an attacker is able to influence the application into making server-side HTTP requests to unexpected targets or in an unexpected way," Tenable security researcher Evan Grant explained in the post. The researchers tested their exploit to create HTTP requests to access cloud data and services from multiple tenants. They discovered that "while no cross-tenant information appeared immediately accessible, the infrastructure used for this Copilot Studio service was shared among tenants," Grant wrote. Any impact on that infrastructure, then, could affect multiple customers, he explained. "While we don't know the extent of the impact that having read/write access to this infrastructure could have, it's clear that because it's shared among tenants, the risk is magnified," Grant wrote. The researchers also found that they could use their exploit to access other internal hosts unrestricted on the local subnet to which their instance belonged. Microsoft responded quickly to Tenable's notification of the flaw, and it has since been fully mitigated, with no action required on the part of Copilot Studio users, the company said in its security advisory.
Further reading: Slack AI Can Be Tricked Into Leaking Data From Private Channels
Windows

Windows 0-Day Was Exploited By North Korea To Install Advanced Rootkit (arstechnica.com) 14

North Korean hackers exploited a critical Windows vulnerability to deploy advanced malware, security researchers revealed. The zero-day flaw, patched by Microsoft last week, allowed attackers to gain system-level access and install a sophisticated rootkit called FudModule. Gen, the firm that discovered the attacks, identified the threat actors as Lazarus, a hacking group linked to North Korea. The exploit targeted individuals in cryptocurrency and aerospace industries, likely aiming to steal digital assets and infiltrate corporate networks. FudModule, first analyzed in 2022, stands out for its ability to operate deep within Windows, evading detection by security defenses. Earlier versions used vulnerable drivers for installation, while a newer variant exploited a bug in Windows' AppLocker service.
Microsoft

Microsoft Closes Windows 11 Upgrade Loophole in Latest Insider Build (theregister.com) 70

Microsoft has finally patched a workaround exploited by users seeking an upgrade path for Windows 11 that dodged the company's hardware requirements. From a report: The tweak arrived without fanfare in the Windows Insider build 27686. There were a few neat tweaks in the build, including updates to the Windows Sandbox Client preview and a much-needed bump from 32 GB to 2 TB for FAT32 when running the command line format function. However, the documentation did not mention an apparent end to one workaround that bypasses Microsoft's requirements check for Windows 11.

According to X user @TheBobPony, the "setup.exe /product server" workaround is not supported in the latest build. The Register contacted Microsoft to understand its intentions with the change. The switch still works in the Windows 24H2 update, but the hardware check appears to no longer be bypassed in the latest Canary channel build (27686). The company has yet to respond.

China

China-Linked Hackers Could Be Behind Cyberattacks On Russian State Agencies, Researchers Say (therecord.media) 46

According to Kaspersky, hackers linked to Chinese threat actors have targeted Russian state agencies and tech companies in a campaign named EastWind. The Record reports: [T]he attackers used the GrewApacha remote access trojan (RAT), an unknown PlugY backdoor and an updated version of CloudSorcerer malware, which was previously used to spy on Russian organizations. The GrewApacha RAT has been used by the Beijing-linked hacking group APT31 since at least 2021, the researchers said, while PlugY shares many similarities with tools used by the suspected Chinese threat actor known as APT27.

According to Kaspersky, the hackers sent phishing emails containing malicious archives. In the first stage of the attack, they exploited a dynamic link library (DLL), commonly found in Windows computers, to collect information about the infected devices and load the additional malicious tools. While Kaspersky didn't explicitly attribute the recent attacks to APT31 or APT27, they highlighted links between the tools that were used. Although PlugY malware is still being analyzed, it is highly likely that it was developed using the DRBControl backdoor code, the researchers said. This backdoor was previously linked to APT27 and bears similarities to PlugX malware, another tool typically used by hackers based in China.

Security

How Chinese Attackers Breached an ISP to Poison Insecure Software Updates with Malware (bleepingcomputer.com) 11

An anonymous reader shared this report from BleepingComputer: A Chinese hacking group tracked as StormBamboo has compromised an undisclosed internet service provider (ISP) to poison automatic software updates with malware. Also tracked as Evasive Panda, Daggerfly, and StormCloud, this cyber-espionage group has been active since at least 2012, targeting organizations across mainland China, Hong Kong, Macao, Nigeria, and various Southeast and East Asian countries.

On Friday, Volexity threat researchers revealed that the Chinese cyber-espionage gang had exploited insecure HTTP software update mechanisms that didn't validate digital signatures to deploy malware payloads on victims' Windows and macOS devices... To do that, the attackers intercepted and modified victims' DNS requests and poisoned them with malicious IP addresses. This delivered the malware to the targets' systems from StormBamboo's command-and-control servers without requiring user interaction.

Volexity's blog post says they observed StormBamboo "targeting multiple software vendors, who use insecure update workflows..." and then "notified and worked with the ISP, who investigated various key devices providing traffic-routing services on their network. As the ISP rebooted and took various components of the network offline, the DNS poisoning immediately stopped."

BleepingComputer notes that "âAfter compromising the target's systems, the threat actors installed a malicious Google Chrome extension (ReloadText), which allowed them to harvest and steal browser cookies and mail data."
The Courts

Courts Close the Loophole Letting the Feds Search Your Phone At the Border (reason.com) 46

On Wednesday, Judge Nina Morrison ruled that cellphone searches at the border are "nonroutine" and require probable cause and a warrant, likening them to more invasive searches due to their heavy privacy impact. As reported by Reason, this decision closes the loophole in the Fourth Amendment's protection against unreasonable searches and seizures, which Customs and Border Protection (CBP) agents have exploited. Courts have previously ruled that the government has the right to conduct routine warrantless searches for contraband at the border. From the report: Although the interests of stopping contraband are "undoubtedly served when the government searches the luggage or pockets of a person crossing the border carrying objects that can only be introduced to this country by being physically moved across its borders, the extent to which those interests are served when the government searches data stored on a person's cell phone is far less clear," the judge declared. Morrison noted that "reviewing the information in a person's cell phone is the best approximation government officials have for mindreading," so searching through cellphone data has an even heavier privacy impact than rummaging through physical possessions. Therefore, the court ruled, a cellphone search at the border requires both probable cause and a warrant. Morrison did not distinguish between scanning a phone's contents with special software and manually flipping through it.

And in a victory for journalists, the judge specifically acknowledged the First Amendment implications of cellphone searches too. She cited reporting by The Intercept and VICE about CPB searching journalists' cellphones "based on these journalists' ongoing coverage of politically sensitive issues" and warned that those phone searches could put confidential sources at risk. Wednesday's ruling adds to a stream of cases restricting the feds' ability to search travelers' electronics. The 4th and 9th Circuits, which cover the mid-Atlantic and Western states, have ruled that border police need at least "reasonable suspicion" of a crime to search cellphones. Last year, a judge in the Southern District of New York also ruled (PDF) that the government "may not copy and search an American citizen's cell phone at the border without a warrant absent exigent circumstances."

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