Can Airport Customs Seizure Of Your Laptop?

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The question of specific U.S. Custom boundaries regarding the seizure or searching of cell phones, laptops and other digital equipment for potential links to crimes is a hot topic for travelers moving through international airports and other ports of entry.

More and more travelers are being scrutinized when navigating through U.S. Customs and Border Protection. U.S. Customs and Homeland Security have a job to do to protect the U.S. from potential harm, but where is the line drawn for the invasion of personal information stored on laptops, cell phones, blackberries or iPods? The Fourth Amendment protects against unreasonable searches and seizures but in these turbulent times, where are the boundaries as to what government has the right to search? There must be balance between freedom and protection.

Consider this situation, you return to the U.S. from traveling abroad and your laptop is seized by customs agents. After a short time, the agents return your laptop and you go on your merry way. Meanwhile, your entire content has been copied and is being searched for Burmese yoga sites, middle-eastern music and pornography. You have no idea this is happening and this is the big question that civil right groups are trying to get answered, what are the governing rules regarding what can be searched and what happens to the data that is viewed or copied.

For the first time, lawsuits regarding this very question are perking the interest of legislators. Multiple citizen rights groups have filed lawsuits in the U.S. district court in California citing the federal Freedom of Information Act. The advocacy groups are requiring the courts to mandate the disclosure of the rules and policies governing the inspections of electronics by border guards. The Department of Homeland Security and Customs Border Protection agencies are not divulging the processes for searching electronic devices. (Read their comments on laptop searches. ) According to the customs agency, all travelers entering the U.S. are required to participate in the processes as they are looking for possible threats such as terrorism or narcotics.

In this age electronics gadgets and devices, confidential company information or even an innocent hobby could render problematic as custom officials carry out searches and seizures. Careful who you call on your cell phone; all records of your contacts and phone calls could be copied and evaluated to links of illegal situations. Here’s an example of a search that led to an alleged crime. A laptop of a computer consultant was seized by customs officials and in the course of the search, they found child pornography. A court found that the search was legal and child pornography charges were served. The jury in the case sided with the traveler who worked legitimately for a company that hunts down illegal pornography acts; and agreed that he stumbled on the child site by accident.

The above example is extreme; however, this question of personal freedom vs. questionable governmental search procedures is a looming problem. A spokes person for the Department of Homeland Security expressed that the concern is overblown. Even so, if you are a frequent international traveler, you may want to consider tips for traveling with digital equipment.

Back up your data before you leave home.
Carry equipment you can afford to loose.
Limit your laptop information with general no proprietary company information.
Be cautious that all your personal information would be okay for public display.

Mar

28

Saturday’s Quotable Traveler

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“I believe I have a sunny disposition and am not naturally a grouch. It takes a lot of optimism, after all, to be a traveler.”

- Paul Theroux / Fresh Air Fiend

Mar

25

The Photo Escape

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The Seattle space needle symbol of the 1962 worlds fair in Seattle Washington.

Mar

24

Amtrak’s Mobile Security Teams

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Wondering about you security on Amtrak? It is a well known fact that airline security has drastically changed since the 2001 U.S terrorist attacks. Almost of all us have had to endure the hassles at the airports when we fly for business of leisure, but the not much has changed in the way we travel by rail, until now.

On my last train Amtrak train trip, security was not an issue for me. I was more concerned that my train on the way home didn’t have the parlour car. That was a big bummer and I wrote Amtrak, complained and they gave me a credit for $500. That was nice and I believe rail travel is under-rated.

But now, for the first time, Amtrak has begun deployment of security teams to patrol stations and trains and randomly inspect passenger baggage. Initially, the new security service will only be on its Northeast Corridor, between Washington and Boston. Read More From Amtrak. Plans for future deployment have not been announced, however, the railroad said that tighter security measures would be implemented nation wide.

With the looming treat of terrorist attacks around the world, it is not surprising the U.S. rail system is embarking on tighter security. Inspections and armed patrols are common in Europe. And the recent train bombing in Madrid, killing 191 people rendered plenty of attention. Amtrak reported that they are working in full coordination with the Department of Homeland Security.

Crimes on cruise ships have spurred a flurry of legislation for mandatory security measures that would ultimately cost the passengers. The cost of the rail security efforts has not been disclosed by Amtrak officials. However, the “mobile security teams” appear to be very comprehensive. For example, the teams can consist of armed Amtrak police, explosive-detective K-units and armed counter-terrorism special agents in tactical uniforms. Those components for security seem very extensive to me; and expensive.

All passengers would be randomly selected for a security screening. If you don’t agree to the screening, you can cancel your trip and get a full refund. Amtrak official are quick to state that the procedure will not delay passengers.

Mar

21

Saturday’s Quotable Traveler

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“I was well acquainted with the gag that if you looked like your passport picture, you needed a trip. I was unprepared for the preponderance of thug like pictures which I found in the course of processing passports.”