[Infowarrior] - ACLU Sues for Records on Border Laptop Searches

[Richard Forno]

ACLU Sues for Records on Border Laptop Searches
http://www.techpolitik.com/2009/08/26/aclu-sues-for-records-on-border-laptop-searches/
The American Civil Liberties Union said Wednesday that it had filed a  
lawsuit under the Freedom of Information Act (FOIA), demanding records  
from the U.S. Customs and Border Protection’s (CBP) policy of  
searching laptops at border crossings without any suspicion of  
wrongdoing.

CBP instituted the policy last year, saying it had the right to look  
at the contents of traveler’s laptops without any need for a warrant.  
Obviously, the agency is framing this as an anti-terrorism measure,  
hoping to prevent terrorists and other criminals from entering the  
country.

However, the scope of what they can search is quite expansive.  
According to the ACLU, personal financial information, web site  
histories, and photgraphs are fair game, as well as “documents, books,  
pamphlets and other printed material, as well as computers, disks,  
hard drives and other electronic or digital storage devices.”

It is irrelevant whether or not the traveler is a US citizen or not:  
everyone is subject to search at the CBP’s discretion. The ACLU argues  
that this is a violation of the Fourth Amendment, which reads:

The right of the people to be secure in their persons, houses, papers,  
and effects, against unreasonable searches and seizures, shall not be  
violated, and no Warrants shall issue, but upon probable cause,  
supported by Oath or affirmation, and particularly describing the  
place to be searched, and the persons or things to be seized.

“Under CBP’s policy, innumerable international travelers have had  
their most personal information searched by government officials and  
retained by the government indefinitely,” ACLU attorney Larry  
Schwartztol said. He said the group was using the lawsuit to see if  
the CBP may be violating the Constitution under this policy.

While I can understand the Border Patrol’s desire to use this policy  
as an anti-terrorism tool, its expansiveness as to what it can include  
makes me leery. There is too much of an opportunity here for abuse,  
and it seems to violate in some way our rights to privacy, especially  
for American citizens that may have been subjected to these searches.

The CBP did not respond to requests for comment on the ACLU’s action.