Hearings begin on laptop border searches

Mon Jun 30, 2008 6:49PM EDT

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Miffed that, if you return home from travel overseas, U.S. Customs can decide to search, and even seize, all the files on your computer, your camera, and even your cell phone? So is Senator Russ Feingold, who opened Congressional hearings on the matter last week with a scathing indictment on the practice.

In Feingold's published opening remarks (full transcription here), he begins by saying that most Americans are probably not even aware that the practice is now commonplace here. In fact, it's been going on for at least two years; a full seven percent of business travelers now report having electronic equipment seized at the border.

Feingold does a great job at outlining the legal and regulatory situation we've gotten ourselves into. Laptops and other electronics are in a legal limbo-land that aren't well described and defined by current rules. While the Department of Homeland Security sees looking inside your laptop as no different than looking inside your suitcase, citizens almost universally feel differently. While one would never dream of carrying a briefcase full of medical records, photographs, and private correspondence on a trip overseas, few would consider painstakingly deleting all of this from a computer before traveling. (Not to mention: Who would risk losing valuable files in such a way, backups being imperfect.)

As Feingold states: "The question is not how the courts decide to apply the Fourth Amendment in these uncharted waters. 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."

Feingold also lambastes racial profiling that has come along with these searches and lashes out against the DHS for its refusal to cooperate in hearings. That's pretty par for the course: DHS won't even explain or publish its rules on border searches so citizens can understand what they're getting into should they deign to step foot into Vancouver.

Are there limits to what should be fair game for the government to snoop into at the border? Sound off in the comments.

Comments on Hearings begin on laptop border searches

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  • 1 Posted by istanjim on Thu Sep 3, 2009 4:25PM EDT Report Abuse

    I think racial profiling should be used more, hey, it works. Feingold also didn't want our commercial pilots to be armed.

  • 2 Posted by m_knopp on Thu Sep 3, 2009 7:32PM EDT Report Abuse

    Secrecy is the antithesis of democracy, and as such should not be so easily allowed. The very statement, "DHS won't even explain or publi----- s rules on border searches..." is enough for me to raise a red flag. Of course proponents will cry that if we made the rules public then the enemy would know how to hide. Maybe they are right, maybe I am right, but Benjamin Franklin stated clearly and irrefutably, "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." or in its better known version, "Those who sacrifice freedom for safety deserve neither."

  • 3 Posted by rogueist on Thu Sep 3, 2009 8:49PM EDT Report Abuse

    Hopefully this will all be swiftly reversed and the DHS dismantled after the coming elections.

  • 4 Posted by jmonts@nvbell.net on Thu Sep 3, 2009 4:37PM EDT Report Abuse

    rogueist, When has anyone in government ever dismantled a major agency or program? Everyone that runs for government office makes those promises, but it never seems to happen. Once the government acquires more power, it never lets go, and it lusts for more. DHS will be with us forever. :-/

  • 5 Posted by rapmetal47 on Thu Sep 3, 2009 8:29PM EDT Report Abuse

    I agree with m_knopp 100%. Thank you for the article, Mr. Null.

  • 6 Posted by agustin2489 on Thu Sep 3, 2009 2:47PM EDT Report Abuse

    I don't really think racial profiling and lack of describing the rules DHS follows as helpful. I'm simply not going to take my laptop with me if it's just going to be taken for the sake of safety.

  • 7 Posted by nighteye23 on Thu Sep 3, 2009 7:38PM EDT Report Abuse

    Oh quit using 9/11 as an excuse to slowly pick away freedoms in this country. Terrorists will always find a way around security and cause terror. Constantly being afraid of terrorists and letting the government take away all of your rights/freedoms is not the answer. We have given up so much since 9/11 it just makes me sick. This is far from the land of the free anymore.

  • 9 Posted by stephenmdalton on Thu Sep 3, 2009 9:41PM EDT Report Abuse

    Yes, the DHS did SO MUCH for 9/11; oh wait, it wasn't formed until *after* the twin tower strikes! Guess what, the DHS is going to continue to check laptops, as Feingold's hearings won't get much done soon. So do what any responsible international traveler does: encrypt your hard drive! Mr. Null even wrote about this in a previous post. Download TrueCrypt (it's free), and start taking responsibility for your own private data, without being coddled by the government.

  • 10 Posted by herb90027 on Thu Sep 3, 2009 4:18PM EDT Report Abuse

    You say terrorists will find away around security, well then, when was the last time there was a terrorist attack in this country??? Thats because we can listen to their calls and stop them before they can strike. I suppose you think they should have the right to plot attacks in private and not have there calls listened to........The only ones afraid of that are those who have something to hide. Too many people are whining about the war and say we shouldn't have gone, however, I'm sure everyone would agree its better to fight them there than here.......

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