US challenged over laptop seizures
Travellers have their gadgets swiped
RIGHTS CAMPAIGNERS are suing the US government today after a raft of complaints from travellers who had their electronic gizmos seized by border guards.
US customs officers have been seizing travelers' laptops, MP3 players, telephones and other electronic devices and searching them for terrorist literature, child pornography and other criminal evidence.
But the Electronic Frontiers Foundation and Asian Law Caucus will
request in a Californian lawsuit today that the US explain if there is rhyme or
reason to the seizures.
Maria Udy, a British citizen had her laptop taken by a border guard who labeled her a "security concern" when she was returning home from a business trip to the US in December 2006, according to the Washington Post today.
Guards are taking devices and passwords, ripping contents including web browsing histories, emails and documents and returning laptops over a week later. Udy told the Post that the US has still not returned her laptop.
The Association of Corporate Travel Executives has collected an
unspecified number of similar complaints. Business travelers have been warned
not to travel with sensitive corporate or personal information on their laptops,
but to access data online.
The lawsuit draws from 15 cases similar to Udy's. Almost all of those involved where of Muslim, Middle Eastern or South Asian descent. The US Customs & Border Agency denied racial discrimination.
A year ago, the EFF had made a Freedom of Information request for the policy behind the US seizure of laptops. It did not receive a reply. Its lawsuit is also asking for a clarification of what rights the US has to ask travelers about their political, religious and other views.
Challenged in this way before, the US has conceded that its border guards should respect the rights to privacy of US citizens. But foreigners were denied the same right.
However, after much barracking from the EU over its collection of
Passenger Name Record data about travelers, the US agreed to extend similar
rights to EU citizens, by way of a gentleman's agreement. µ

Comments
volley?
Volley1email it straight over customs, and pick it up when you get there
Volley2
Remote desktop back to your machine when you get there
Volley3
VPN to your files when you get there
Volley4
Remote citrix
The point?
Why in heel would you take a laptop through customs with "how to blow up people who don't believe in heaven of virgins story?".
Dumb idiots (both sides).
US Gentleman's agreement - The know not what it means!
That's like the one we have for extradition, that only seems to work one way?Geek Squad
Look forward to any photos these people had on their hard drive to be uploaded to the web soon.The border guards just realized that they had neigh unlimited power and could label anyone who opposed them as a terrorist threat. Then they realized they could get some sweet kickbacks from all this.
Come on, looking for "terrorist literature" in an MP3 player? More likely looking for the newest Daft Punk album. And personal photo files were likely caught on flash drive before any official search was done.
Sorry all...
I just wanted to make an apology on behalf of my government about the treatment of these visitors.My bad, really, most Americans are not completely belligerent gargoyles.
craig, did you read the piece?
This is not about questionable people carrying questionable pieces of information and software through customs on their laptops. This is about arbitrary government power.Border guards stop, search, and seize whatever they like from whoever they want. So far, the government has not published a policy on the criteria for who gets searched. Also, why does it take a week or more to return someone's laptop to them?
It's pure lunacy. This will drive legitimate visitors out of America. More of the same, I guess. Secret laws, secret courts, and secret flights to classified destinations.
Big Brother from another mother
Well moral of the story, encrypt your gear and at least make them work for your pedestrian files.Waste of time, and easily justifies similar actions by other countries.
I see this as the perfect excuse for 3rd world countries to start 'inspecting' all electronic gear.
Oh sir, is that a new 40D, well since it has memory in it I must confiscate it, along with that iPod and HD-Cam.
This will only stop the st00pid terrorists, and really I'm not afraid of them since they usually off themselves while preping something, not while executing it.
Looking for the wrong thing
SD cards are small and easy to hide. Would a customs officer look twice at your key ring, with the USB fob hanging off it?That's where the really sensitive data would be hidden--not on the easily-noticed laptop itself.
enemies
So what do you think will happen if you are a muslim, or thought to be, then encrypt everything and they come across that? it's 'hand over the password or straight to quantanamo' eh.And even if you then hand over the password they do mark you in their computers as 'suspicious' and that means you'll be detained for days on any airport of western countries and many of the non western ones, plus they will follow your activities and everybody you are friendly with will become 'suspicious' too.
And if you aren't a muslim nor thought to be but encrypt your stuff they'll mark you as commie and it's the same deal.
This is why I avoid the US
I'd rather go to Canada instead.. it's prettier. Granted, they scanned my USB Pen Drive for Child Porn but it didn't have much on it. They didn't touch my camera or my MP3 Player. If want to be mean next time, I'll just Truecrypt it.Get real
The internet is not dominated by one specific country, and if someone wanted to get illicet info to someone they would just user 128 encryption in and send it in an e-mail.Visiting Wrong Webs
Suppose you visited antiwar.com or counterpunch.org and forgot to delete the cookies or browse history. Now, you will have to explain to the agents why you were visiting those sites. What level of anit-Americanism the sites have introduced in your psyche? Are you a silent sympathizer? Member of a sleeping cell? And, many such questions. At that point losing your laptop would be the least of your worries.Why are non-citizens not oferred the same level of privacy and courtsey? Are they less of a human? Is every non-citizen a potential illegal combatant? But, Jose Padilla was a citizen.
Winston said it best:
“You can always count on Americans to do the right thing - after they've tried everything else.”__Winston Churchill, who was half American by birth, but Prime Minister by the grace of God.
History
This is how jews were treated 80 years ago in Germany...do'nt visit amerikkka
yanks are the only people on earth who worship money, if we all stopped going there to spend our holiday pounds they would soon change their tune.i think it is a bloody disgrace that we are their ONLY true ALLIES and we get treated in such a way when we set foot in their airports. they can learn a few things from CUBA like politeness and respect.