Travellers who have entered the US may already know what it is like to have their luggage searched. However, what some may not realise is that when it comes to electronic items, U.S. Customs and Border Protection agents may go as far as seizing laptops and electronic items for inspection of their data content. This LA Times article gives an example of a freelance journalist who had his laptop seized for about two weeks at Dulles International Airport as he was chosen for "random inspection of electronic media." While the laptop was had little important information, he certainly felt violated, wondering what they do with the data. He said he would never take it abroad again.
The searching of electronic devices is actually nothing new, with U.S. officials already randomly searching and seizing laptops, digital cameras, mobile phones and other items that can store data. Unlike luggage where one may carry just the essentials for their holiday, people often carry a vast amount of information on laptops, such as years of e-mails, contacts, photos, financial documents and so on. Business travellers also risk the losing company secret information. As a result, privacy advocates and travellers have been trying to get lawmakers to tackle this policy of U.S. customs and stop this practice on users without reasonable suspicion.
In order for officials to search one's equipment at home, they need a search warrant. Even outside the home, they still need to suspect illegal activity before they can search one's laptop or electronic equipment. However, when it comes to the borders, the courts have ruled many times that no warrant or suspicion is necessary to search one's belongings, which includes electronic equipment. The federal government claims these searches are needed for national security and to take legal action against those who bring in illegal content.
Of 100 people surveyed by the Association of Corporate Travel Executives, 7 have had either their laptop or some other electronic item seized by customs for a few weeks. So far, the US senators Russell Feingold and Patrick Leahy are trying to get this policy scrapped, with a recent hearing already taken place on Wednesday about the issues.