Feds: We will search through your laptop files at the border

Wed Apr 23, 2008 11:58AM EDT

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Following in the wake of February's news that customs agents were seizing electronics and making copies of all the files on cell phones and laptop hard drives, a federal appeals court has ruled on the legality of such searches. The result: Yeah, customs can do whatever it wants to your computer when you come across the border, without a warrant, and without cause.

The ruling extends to all electronics: In addition to laptops, feds can seize phone records and even digital pictures on your camera as they hunt for evidence. The ruling was unanimous among the three appellate judges.

Be assured that the ruling has little to do with thwarting terrorism. The appeal was actually part of an ongoing trial of a man named Michael Arnold, who returned from the Philippines and had his laptop scoured by the feds. They found purported images of child pornography on the laptop and later arrested him. In his trial, the evidence was suppressed for probable cause issues, as the court said that customs had no reasonable suspicion to search his laptop in the first place. That ruling has now been overturned.

As Wired notes, the court did not rule on whether you have to help agents access your hard drive. If you use a password or encryption, the court was mum on whether you can be compelled to provide information on bypassing that security in order to access materials on the drive. If you find yourself in such a situation and have anything on your computer that might be considered at all suspicious, you are probably wise to keep mum on providing login information.

This is an issue that will undoubtedly keep developing (and will probably be submitted, in the end, to the Supreme Court), but anyone traveling overseas with sensitive information (even confidential, legal stuff) should for now consider storing it elsewhere (online, perhaps) or simply leaving it at home. 

POLL: What do you think? 

Comments on Feds: We will search through your laptop files at the border

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  • 1 Posted by kevinwllc on Thu Sep 3, 2009 4:50PM EDT Report Abuse

    How will they handle corporations that have employees who travel with company laptops and company cell phones, especially companies that have Government contracts.

  • 2 Posted by rayvr@att.net on Thu Sep 3, 2009 8:31PM EDT Report Abuse

    Big Brother is watching everything you do now. America has lost its way. We have become our own terrorist state thanks to the mental nut cases running the country in all branches of government.

  • 3 Posted by nerd160 on Thu Sep 3, 2009 7:36PM EDT Report Abuse

    The USA government is becoming too much of a Big Brother. It is completely unnecessary for customs to scan a person's computer and keep a back-up of it. Aparently those judges don't fly commercially.

  • 4 Posted by fallingspider on Thu Sep 3, 2009 3:58PM EDT Report Abuse

    I would have to question the logistics of storing that much data. I don't know what the average amoung of used data on a typical laptop, but if even 1 out of every 3 people (and that's a guesstimate) has a laptop, pda, cell or even multiple devices on them, that much data is gonna take up a heck of a lot of space. But I do have to agree that there is no reason at all for the customs to do this. We've all ready got enough "fear tactics" going on when you go to the airport all ready with out having all of your personal information stolen by a paranoid government.

  • 5 Posted by ejc_99 on Thu Sep 3, 2009 3:52PM EDT Report Abuse

    Nice. I no longer need to pay for backup service. The feds will do it for me!

  • 6 Posted by jd_1876 on Thu Sep 3, 2009 4:31PM EDT Report Abuse

    Isn't this unconstitutional? Here's the Fourth Amendment: 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. (usconstitution.net) This HAS to fall under the category of "unreasonable," right? PS: Would a spreadsheet with customer names, addresses, and phone numbers would be considered suspicious? I wonder...

  • 7 Posted by ka7aok831 on Thu Sep 3, 2009 4:46PM EDT Report Abuse

    O put your confidential data on a flash drive in your bag (checked in) or on your person away from the laptop,

  • 8 Posted by coolkyle4@snet.net on Thu Sep 3, 2009 3:29PM EDT Report Abuse

    i believe microsoft has a skydrive or something that stores up to 5gbs or something close, if i am goin across the border im storing it there or having a portable hardrive thats way hidden

  • 9 Posted by magpagbst on Thu Sep 3, 2009 7:03PM EDT Report Abuse

    if they think the electronic device is a bomb . . . i'm all for it . . . any other reason . . . due cause has to apply . . . there's got to be more to this ruling . . .

  • 10 Posted by keybowvio on Thu Sep 3, 2009 4:50PM EDT Report Abuse

    I say we have a national day when we all bombard customs agents with data. They say they want a back up? what if we each had two laptops with terabytes of nonsensical data, overwhelming them with too much data? mwahahah...

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