Laptop Searches In USA

International travellers, crossing US borders, are being subjected to non-warrant searches of laptops and other electronic devices, without reason and with no details offered on what information might have been viewed or downloaded by customs officials.

This is causing considerable concern for business travellers with highly commercially sensitve materials on their laptops. This is especially so, as little is known about the DHS's policies relating what it does with any information collected during searches of electronic devices.

Customs officials claim they have the right to look at anything in your possession, including the content on your laptop, handheld device, cell phone, USB memory stick and digital cameras - they have the right to both view information and to download or mirror it if they deem it necessary.

There is no assumption of privacy so travellers beware that for any of the above electronic devices:

1. No reason is needed to take your equipment - no evidence or suspicion of illegal activity.
2. Anything can be searched - includes personal photographs, personal banking, any business documents and stored or unopened email.
3. It might not be returned right away - seized devices may be kept for an indefinite time. Sensitive data should be sent by email before crossing the border.
4. Don't take anything you don't want to share - including personal banking information, photos, correspondence, health and password information.
5. Don't carry anything on these devices that could potentially embarrass you or your company. Don't carry proprietary business information or personnel records.
6. Be cooperative - ask for a receipt and a badge number and try to ascertain why it was seized.

A lawsuit has been filed early February 2008 by the Electronic Frontier Foundation (EFF) and the Asian Law Caucus, two California-based civil rights groups. It has also asked the US Department of Homeland Security (DHS) to disclose its policies for inspecting the contents of laptops and other electronic devices in such seizes.

February 2008

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