Courts have upheld routine checks of Americans' hard drives at the border. Critics say they're anything but routine.
Andy Nelson – staff/file
Is a laptop searchable in the same way as a piece of luggage? The Department of Homeland Security believes it is.
For the past 18 months, immigration officials at border entries have been searching and seizing some citizens' laptops, cellphones, and BlackBerry devices when they return from international trips.
In some cases, the officers go through the files while the traveler is standing there. In others, they take the device for several hours and download the hard drive's content. After that, it's unclear what happens to the data.
The Department of Homeland Security contends these searches and seizures of electronic files are vital to detecting terrorists and child pornographers. It also says it has the constitutional authority to do them without a warrant or probable cause.
But many people in the business community disagree, saying DHS is overstepping the Fourth Amendment bounds of permissible routine searches. Some are fighting for Congress to put limits on what can be searched and seized and what happens to the information that's taken. The civil rights community says the laptop seizures are simply unconstitutional. They want DHS to stop the practice unless there's at least reasonable suspicion.
Legal scholars say the issue raises the compelling and sometimes clashing interests of privacy rights and the need to protect the US from terrorists and child pornographers. The courts have long held that routine searches at the border are permissible, simply because they take place at the border. Opponents of the current policy say a laptop search is far from "routine."
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