Welcome back to the United States. Now let's see what's on your laptop

by amyjudd | June 26, 2008 at 01:57 pm | 615 views | 15 comments

My old dell laptop is dying. Its very slow.

So, authorities need a search warrant to look at your computer at home, and reasonable suspicion that you're doing something wrong to search your laptop in places like a coffee shop, but if you're crossing the border back into the US, the border guards can search through your laptop at their lesiure, raising concerns, especially among business travellers.

Do you think this is right?

The legality of the practice hinges around whether searching a laptop is the equivalent of looking in your luggage, or more like a strip search.

U.S. Courts have ruled, as recently as this spring in a case stemming from a search at LAX, that there's no need for warrants or suspicions when a person is seeking to enter the country because any "routine search" is reasonable under the Fourth Amendment. In effect, it's like luggage: anything and everything in your laptop, cellphone, BlackBerry or digital camera can be examined and copied by U.S. Customs and Border Protection agents.

So far, the agency, part of the Department of Homeland Security, has been vague about when and why it conducts those digital searches, how long it keeps the information and what is done with it. Sen. Russ Feingold, a Wisconsin Democrat, wants to change that. At a congressional hearing he chaired on the issue today, he said:

"I guarantee you this: Neither the drafters of the Fourth Amendment, nor the Supreme Court when it crafted the 'border search exception,' ever dreamed that tens of thousands of Americans would cross the border every day, carrying with them the equivalent of a full library of their most personal information.... Customs agents must have the ability to conduct even highly intrusive searches when there is reason to suspect criminal or terrorist activity, but suspicion-less searches of Americans' laptops and similar devices go too far. Congress should not allow this gross violation of privacy."

Two leading privacy advocates at the hearing -- Lee Tien of the Electronic Frontier Foundation and Peter Swire of the Center for American Progress -- agreed with Feingold that the searching of laptops and other devices violates people's privacy. The EFF also has filed suit to get more information about the program.

Have you had your electronic equipment searched or seized at the border? We'd love to hear your story in the comments below.

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everchanging

at 14:11 on June 26th, 2008

good stuff:

amyjudd, They saved the 2nd Amendment today and leave the 4th Amendment to their leisure to define as they wish.

I wonder if it will be easier to send your laptop via mailing (overnight for who can afford it) and can wait on it once home or is that next?

Jarrett Martineau

at 14:38 on June 26th, 2008

good stuff:

This "digital search" law scares me; I think it's way too intrusive. And, as cynical as I am about this issue, I still think it is important for us to hang on to the few levels of privacy that we've got left. At this rate, they'll be gone before we've had the chance to realize what we're giving up.

amyjudd

at 14:57 on June 26th, 2008

I agree - I think it's way too intrusive! It makes me very nervous about personal rights - if that even still exists...

Erinchanted

at 15:36 on June 26th, 2008

I used to travel internationally quite frequently and while I am so grateful for procedures which enabled me to travel safely in a volatile world, I don't know how I would feel about having my computer files perused. That's sort of like letting someone peruse the contents of my luggage--a little too personal for me.

Erinchanted has contributed a photo to this story.

amyjudd

at 18:33 on June 26th, 2008

I agree. It's a little too personal for me too. Plus it would take FOREVER to get through security if they wanted to look at all your files and pictures and things!

rahul

at 18:17 on June 26th, 2008

good stuff:

amyjudd, I like this story. It is indeed quite scarring. I cannot imagine the long waiting line at airports. Your story's good stuff.

quotato

at 18:30 on June 26th, 2008

With the introduction of "cloud computing" (using servers instead of hard-drives), it would make safety sense to travel with a bare-bones hard-drive. Besides, what about if your laptop was stolen or lost? Of course---all of your files should be encrypted while traveling far from the home base.

I do have concerns about infringments upon the spirit of the 4th amendment.

amyjudd

at 18:34 on June 26th, 2008

Good point - although not many people do this I think!

ACE PRESTON

at 18:36 on June 26th, 2008

good stuff:

amyjudd, I like this story. It's good stuff. I guess it's better to enter the country illegally, this way you can bypass customs & immigration.

Sanjay Jha

at 20:56 on June 26th, 2008

good stuff:

Amyjudd, I like this story. It's good stuff. This kind of act scares me.

master_jim2008

at 22:16 on June 26th, 2008

it IS invasive, but i can understand why they do it. what if that is how terrorists smuggle in data? plans for a new 9/11? by the way, i kinda think this coming 9/11 is a day to watch out for. don't ask me why, it's just a gut feeling i have that something will happen.

bse5

at 08:43 on June 27th, 2008

unfortunately, this is the mentality that leads to absurd abuses of our individual rights. Adding layer after layer of airport/border security does little, if anything, to protect the population - in fact, it's a proposition that relies upon circular logic. It makes you feel all warm and fuzzy inside but that's about it. If we want global stability and security the western world needs to fundamentally change its worldview and foreign policy.

kferaday

at 22:37 on June 26th, 2008

I read a story a while ago about a law firm (I think it was in Toronto) that did alot of business in the US. They've started sending lawyers across with blank laptops. They download whatever they need once they get to their destination. Not very convenient but assures privacy and security of information.

CHANDRAJIT1988

at 23:05 on June 26th, 2008

Even a Laptop could do you Graet Harm...

CHANDRAJIT1988 has contributed a photo to this story.

azer

at 19:39 on June 28th, 2008

good stuff:

amyjudd, I like this story. It's good stuff.

I missed this before but I'll add it to my list of references.

In fact precedents in U.S. case law said that devices with very small memories - equivalent to a small address book that would have been common in years gone by, can be searched by a security official. The law allows the officials to write down names and phone numbers that they find in such a search as they would have done with a small paper address book. However, devices with large amounts of memory were protected and required a warrant. Since 9/11 we have seen officials at all levels of government and all the police departments in both Canada and the U.S. simply ignoring all the precedents and gnawing away at our rights and freedoms.