Laptop searches at border might get restricted, Wired.com, 12/8/08

Via Wired.com: Laptop searches at border might get restricted:

"Customs and Border Protection, part of the Department of Homeland Security, asserts that it has constitutional authority to conduct routine searches at the border - without suspicion of wrongdoing - to prevent dangerous people and property from entering the country. This authority, the government maintains, applies not only to suitcases and bags, but also to books, documents and other printed materials - as well as to electronic devices.

Such searches, the government notes, have uncovered everything from martyrdom videos and other violent jihadist materials to child pornography and stolen intellectual property...

While Homeland Security points out that these procedures predate the attacks of Sept. 11, 2001, civil liberties groups have seen an uptick in complaints about border searches of electronic devices in the past two years, according to Shirin Sinnar, staff attorney at the Asian Law Caucus. In some cases, travelers suspected border agents were copying their files after taking their laptops and cell phones away for anywhere from a few minutes to a few weeks or longer.

Now Congress is getting involved. A handful of bills have been introduced that could pass next year.

One measure, sponsored by Sen. Russell Feingold, D-Wis., chairman of the Constitution subcommittee, would require reasonable suspicion of illegal activity to search the contents of electronic devices carried by U.S. citizens and legal residents. It would also require probable cause and a warrant or court order to detain a device for more than 24 hours.

And it would prohibit profiling of travelers based on race, ethnicity, religion or national origin.
Rep. Eliot Engel, D-N.Y., is sponsoring a bill in the House that would also require suspicion to inspect electronic devices. Engel said he is not trying to impede legitimate searches to protect national security. But, he said, it is just as important to protect civil liberties."

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