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

http://tech.yahoo.com/blogs/null/90325

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

Wed Apr 23, 2008 11:58AM EDT

See Comments (40)
Buzz up!on Yahoo!

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.

This dropped off the front page in a matter of 5 minutes. So I'm bumping.

stay in the USA?

This is bad. Very bad.

That's my advice.

Seriously...being able to search/seize without cause...that's crazy. I can see it if the ruling was for non-citizens, but if you're a U.S. citizen coming back into the country, that shouldn't be the case.

It seems like it would be self-incrimination if you were required to provide a password and they then find something with which they can charge you.

This will change dramatically the first time some corporate bigwig gets his confidential laptop raided and someone sells the industrial secrets they find. :)

Should I lock up all my homemade porn ?

I only have one thing to say about that...

<object width="425" height="355"><param name="movie" value="http://www.youtube.com/v/3AdFA6WWJ7E&hl=en"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/3AdFA6WWJ7E&hl=en" type="application/x-shockwave-flash" wmode="transparent" width="425" height="355"></embed></object>

I'm password protecting everything I have on my laptop now.

Welcome to Amerikkka.

Just put all your dirty pics on a thumb drive and hide it in your rectum.

Well if you dont like it..... you can GGIIIT OUT!

(FTR--stupidest thing that could possibly ever be said)

Just fill your PC with the nastiest, most vile, most disgusting porn known to man. They won't be rooting through your hard drive very long.

Had mine searched at customs in Detroit. I guess I made the mistake of flying from Amsterdam. Per the customs agent, technically it's a crime to bring porn into the country on your laptop. They were assholes, too. Wouldn't let me help this nice woman repack her bag so she could make her flight.

Welcome to W's America.