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Bunnell Discusses Border Phone Searches in The New York Times

December 22, 2017

O’Melveny partner Stevan Bunnell was quoted in the December 22, 2017, edition of The New York Times.

In the article, “Privacy Complaints Mount Over Phone Searches at US Border Since 2011,” Bunnell, who as the Times noted was the “top lawyer at the Department of Homeland Security from 2013 to 2017,” discussed the balance government agencies must strike to ensure security measures don’t violate the civil liberties of travelers.

“Bunnell…said agencies should be judicious about how often they use their search powers,” The Times reported. “But he also cited scenarios in which it could be important to scrutinize the pictures or contacts on a traveler’s phone, even though agents would not be able to meet a probable cause standard if warrants were required. Such scenarios could include travel patterns or an intelligence tip raising the possibility that the traveler has links to terrorism.”

Bunnell, co-chair of O’Melveny’s Data Security and Privacy Practice, is a former General Counsel of the US Department of Homeland Security and a former Chief of the Criminal Division at the US Attorney’s Office in Washington, DC. His practice spans many of the most pressing issues facing businesses today, including cybersecurity and privacy, criminal antitrust, healthcare fraud, money laundering and financial institutions fraud, securities fraud, Foreign Corrupt Practices Act, and False Claims Act matters.