As if traveling wasn’t bad enough, we now learn that the DHS can take your laptop, for any reason, and hold it indefinitely, copying the contents without your permission. This policy [pdf] is ridiculous considering many people travel for business reasons and keep vital documents on these laptops. Placing them online only adds to the fact that the documents could be obtained nefariously, thus leaving many companies in a quandary as to what they can do to protect their documents.
“The policies . . . are truly alarming,” said Sen. Russell Feingold (D-Wis.), who is probing the government’s border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin.
DHS officials said that the newly disclosed policies — which apply to anyone entering the country, including U.S. citizens — are reasonable and necessary to prevent terrorism. Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter.
The policies cover “any device capable of storing information in digital or analog form,” including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover “all papers and other written documentation,” including books, pamphlets and “written materials commonly referred to as ‘pocket trash’ or ‘pocket litter.’ “
Reasonable measures must be taken to protect business information and attorney-client privileged material, the policies say, but there is no specific mention of the handling of personal data such as medical and financial records.
When a review is completed and no probable cause exists to keep the information, any copies of the data must be destroyed. Copies sent to non-federal entities must be returned to DHS. But the documents specify that there is no limitation on authorities keeping written notes or reports about the materials.
Yes, I’m sure we can trust the government to destroy data they aren’t supposed to have in the first place.
Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that “the most dangerous contraband is often contained in laptop computers or other electronic devices.” Searches have uncovered “violent jihadist materials” as well as images of child pornography, he wrote.
Besides the fact that people don’t typically bring this sort of information across borders on their laptops, the fact that they know you are looking for it means that they are simply going to leave it up on an FTP site and download it later or use a VPN, after they’ve come into the country. Then again, they’ll probably find a way to intercept this method as well.