[R-G] U.S. border agents given power to seize travellers' laptops, cellphones

[Anthony Fenton]

U.S. border agents given power to seize travellers' laptops, cellphones

Last Updated: Friday, August 1, 2008 | 3:33
http://www.cbc.ca/technology/story/2008/08/01/border-searches.html

U.S. authorities now have the power to seize and detain travellers'  
electronic devices, including laptops and cellphones, and make copies  
of their contents at an off-site location, under newly disclosed  
customs policies.

The policy gives border agents at any point of entry into the United  
States the authority to also take documents, books, pamphlets and hard  
drives. The items can be seized from anyone crossing the border and  
may then be copied and shared with other government agencies,  
according to Department of Homeland Security documents dated July 16.

"Officers may detain documents and electronic devices, or copies  
thereof, for a reasonable period of time to perform a thorough border  
search," the policy says. "The search may take place on-site or at an  
off-site location."

U.S. Senator Russ Feingold told the Washington Post he finds the new  
policies "alarming" and said he plans to introduce legislation that  
would make grounds for border searches more rigorous.

Greg Nojeim, senior counsel at the Washington, D.C.-based Center for  
Democracy and Technology, said the new policies allow authorities to  
conduct searches without suspicion of wrongdoing.

"They're saying they can rifle through all the information in a  
traveller's laptop without having a smidgen of evidence that the  
traveller is breaking the law," he told the Post.

If the authorities find there is not probable cause to hold the seized  
items, copies must be destroyed, according to the policy. The policy  
does not outline a timeframe in which materials must be returned.

"These examinations are part of ... long-standing practice and are  
essential to uncovering vital law-enforcement information," the policy  
says, noting examinations help authorities detect possible instances  
of terrorism, narcotics smuggling, child pornography and violations of  
copyright and trademark laws.