5 months ago
SACRAMENTO, CA - International travelers returning to the United States wouldn't be surprised if customs agents wanted to check their suitcase. What they may not realize is their cell phone, PDA and laptop are also searchable without suspicion.
The policy by the Department of Homeland Security (DHS) was made public in the waning days of the Bush administration and last month was endorsed and clarified by the Obama administration.
Under the policy, customs agents may impound a laptop and even copy its hard drive.
Civil libertarians say the policy violates the Fourth Amendment protection against unreasonable search.
"I don't carry my laptop overseas anymore," said Sacramento attorney Mark Reichel. "The fat lady has sung for the fourth amendment."
Reichel said one client who carries sensitive business information on his laptop on international trips sends the hard drive home separately by express mail.
The DHS justified the search of electronic devices in what is called Privacy Impact Statement published Aug. 25.
"The use of electronic devices capable of storing information relating to criminal activities has been established as the latest method for smuggling (contraband)," an overview declares.
The American Civil Liberties Union (ACLU) has sued the DHS under the Freedom of Information act to learn how often searches of electronic devices were occurring and how the information was being stored and used.
ACLU attorney Larry Schwartztol said that in the meantime, the organization is seeking anecdotal evidence from international travelers who've had their cell phone, PDA, laptop or other electronic device searched by customs agents. The information can be sent to the ACLU via email at nspintake@aclu.org.
by George Warren, GWarren@news10.net
News10/KXTV
