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Laptop seizures at customs raise outcry

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Posted by: 04SCTLS

Laptop seizures at customs raise outcry

Complaints from travelers and privacy advocates have spurred lawmakers to challenge the policy of random inspections.

By Jim Puzzanghera | Los Angeles Times Staff Writer June 26, 2008 WASHINGTON

Bill Hogan was returning home to the U.S. from Germany in February when a customs agent at Dulles International Airport pulled him aside. He could reenter the country, she told him. But his laptop couldn't.

U.S. Customs and Border Protection agents said he had been chosen for "random inspection of electronic media," and kept his computer for about two weeks, recalled Hogan, 55, a freelance journalist from Falls Church, Va.

Fortunately, it was a spare computer that had little important information. But Hogan felt violated.

"It's not an inspection. It's a seizure," he said. "What do they do with it? I assume they just copy everything.

For several years, U.S. officials have been searching and seizing laptops, digital cameras, cellphones and other electronic devices at the border with few publicly released details.

Complaints from travelers and privacy advocates have spurred some lawmakers to fight the U.S. Customs policy and to consider sponsoring legislation that would sharply limit the practice.

As people store more and more information electronically, the debate hinges on whether searching a laptop is like looking in your luggage or more like a strip search.

"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," said Sen. Russell D. Feingold (D-Wis.), who chairs a subcommittee that examined the searches at a hearing Wednesday. "Congress should not allow this gross violation of privacy."

Authorities need a search warrant to get at a computer in a person's home and reasonable suspicion of illegal activity to search a laptop in other places. But the rules change at border crossings.

Courts consistently have ruled that there's no need for warrants or suspicions when a person is seeking to enter the country -- agents can search belongings, including computer gear, for any reason.

The latest decision was from the U.S. 9th Circuit Court of Appeals, which in April ruled that agents had acted properly when turning over information used to charge a traveler with possession of child pornography. His laptop had been searched in 2005 at Los Angeles International Airport.

Any routine search is considered "reasonable" under the 4th Amendment, legal scholars agree. But Feingold is worried that the law has not kept up with technology.

Said Lee Tien, senior staff attorney for the Electronic Frontier Foundation, "People keep their lives on these devices: diaries, personal mail, financial records, family photos. . . . The government should not be able to read this information."

In February, the group and the Asian Law Caucus sued authorities for more information about the program.

The issue is of particular concern for businesses, which risk the loss of proprietary data when executives travel abroad, said Susan K. Gurley, executive director of the Assn. of Corporate Travel Executives. After the California court ruling, the group warned its members to limit the business and personal information they carry on laptops taken out of the country.

Of the 100 people who responded to a survey the association did in February, seven said they had been subject to the seizure of a laptop or other electronic device.

Jayson P. Ahern, deputy commissioner of Customs and Border Protection, said in written testimony to the subcommittee that the agency would "protect information that may be discovered during the examination process, as well as private information of a personal nature that is not in violation of any law." The agency conducts "a regular review and purging of information that is no longer relevant."

Feingold said the testimony gave "little meaningful detail" about the program. He is considering legislation to prohibit such routine searches of electronic devices without reasonable suspicion.

But Sen. Sam Brownback (R-Kan.) said officials have to balance individual rights with protecting the nation.

"Terrorists take advantage of this kind of technology," he said.

Hogan, the freelance journalist, said there was no reason for customs agents to think he was a terrorist. He advised people to take precautions with their laptops when they leave the country.

"I certainly would never take it again," he said.

Posted by: Joeychgo

WTF? Come on.

Quote:

But Sen. Sam Brownback (R-Kan.) said officials have to balance individual rights with protecting the nation.

Does anyone remember this?:

Quote:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Without our rights, there is no nation to defend.

This kind of crap really PISSES ME OFF. It's no wonder that so many people are growing to hate Republicans.

Posted by: shagdrum

Quote:

Originally Posted by Joeychgo

Does anyone remember this?:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The big question, when it comes to constitutionality of this, is going to be "is there a reasonable expectation of privacy" when it comes to laptops (cellphones, or other electronic media) being carried back into the country. That is per the Supreme Court test for 4th Amendment protections; the KATZ rule.

When, you are on the internet, it is hard to argue that there is any reasonable expectation of privacy; so emails don't really fall under 4th Amendment protections. Would laptops in general fall under that same reasoning? Cellphones? That will be the issue if this ever gets challenged in court.

Posted by: 04SCTLS

At the border the usual rules don't apply.
Basically when crossing the border there is no expectation of privacy
and they can strip search you if they want to without probable cause.
That attitude has been expanded to include laptops, cell phones, digital cameras and other devices.
Your civil servants at work.

Posted by: Joeychgo

Quote:

Originally Posted by shagdrum

When, you are on the internet, it is hard to argue that there is any reasonable expectation of privacy; so emails don't really fall under 4th Amendment protections.

I would argue that there is a reasonable expectation of privacy. I have passwords for everything. I have those passwords to give me privacy.

Now, I suspect your come back will be "hackers" and viruses can get into everything. My response would be that a burglar can get into my home as well, but there is a well established expectation of privacy in my home.

Now, at the border, you can be searched to ensure your not bringing illegal or harmful substances into the country. But what can you bring in a laptop? (assuming its not been tampered with)

Posted by: Joeychgo

Lets consider what the SCTUS just said in the Gun Ruling -

Quote:

The justices wrote, "We are aware of the problem of handgun violence in this country. ... But the enshrinement of constitutional rights necessarily takes certain policy choices off the table."

Posted by: shagdrum

Quote:

Originally Posted by Joeychgo

It will still come down to the KATZ rule, as far as the SCOTUS is concerned. There really isn't much question that internet activity doesn't have any real expectation of privacy. If that expands to all info on that laptop (assuming it has internet access) due to the potential of being hacked is another issue.

What 04SCTLS pointed out is another interesting issue, is there any reasonable expectation of privacy when crossing the border. If there isn't, then any distinctions between electronic equipment, how it is used and if it can be hacked is irrelevant.

I suspect that crossing the border might negate any reasonable expectation of privacy, but I would want to look into it further before saying anything conclusively.

Posted by: 04SCTLS

Quote:

Originally Posted by Joeychgo

But what can you bring in a laptop? (assuming its not been tampered with)

Every 3-4 months or so here a trucker(usually) is found to be in possession of illegal pornography after having their laptop checked.

Other than that there's
not much to worry about save the indignity of having some guy nosing through your private stuff, your favorites,
google searches, email, site memberships, posts etc.

I know business people with laptops who cross the border by car fairly often and they've never been checked let alone have their laptops siezed for inspection.

Road crossings are the least intrusive hardly ever amounting to more than just answering where you went, how long away, purpose of your trip, and what are you bringing back, as long as your ID is in order and your answers are prompt and don't arouse suspisions.

Occasionally they may ask you to open your trunk.

But legally there is no expectation of privacy at the border.

Posted by: shagdrum

Quote:

Originally Posted by 04SCTLS

...But legally there is no expectation of privacy at the border.

Well, that answers that question then.

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