Laptops Searched and Confiscated at U.S. Border

An anonymous reader writes, "According to an article in the New York Times, the Association of Corporate Travel Executives is asking the U.S. government for more detailed guidelines on when and why a laptop gets confiscated at the U.S. border, which, anecdotally, is happening more often. The story includes a report from a business traveler who had her laptop confiscated over a year ago and has yet to have it returned." According to the article, a knowledgeable lawyer said: "[Border guards] don't need probable cause to perform... searches under the current law. They can do it without suspicion or without really revealing their motivations." And an ACTE exective is quoted, "Potentially, this is going to have a real effect on how international business is conducted."

Comments

The REAL truth

[Goblez]

Is that some Security Guards just want new laptops, and the law provides them plenty of holes to avoid having to answer for it.

hmmm.

[Anonymous Coward]

I crossed the border twice on Sunday. They didn't care about my laptop. There's your anecdotal evidence.

it isn't just the USA that does this...

[david_bonn]

Canadian Customs has "searched" my laptop twice. Once I sat at the border for about four hours while the tried to figure out how to use the finder. U.S. customs took my laptop (a MacBook Pro) out of the case and looked at it, but I think they decided they didn't want to spend the time with it.

I shudder at how long it would take the good customs folks to work their way through a Linux box, or a decently encrypted hard drive.

In both of the Canadian searches, I was asked questions specifically based on email messages cached in my mail client. That was awful disturbing.
In the "long search" case they apparently also spent most of their time browsing the iPhoto and Photoshop albums and asked me a lot of questions about other places I had been.

Stateless client

[mikaelhg]

Just use a stateless thin client laptop, no need for hard drive encryption and no way to intrude.

Hard Drive Encryption?

[Skuld-Chan]

So say its a company laptop and has an encrypted disk and company policy forbids you from giving your passwords to anyone. What then?

Would they search a video ipod?

[phatvw]

Whats so special about a laptop? Why not search the CD-ROM in my mp3 player or my USB keychain? Or better yet, just scan my freaking mind by doing the FBI psyche battery exam.

Have all those exploding Dell/Sony batteries been reclaimed yet? Perhaps we could all carry those laptops to the airport and then see how much they like to search these things. But then we'd probably be put on terrorist watch lists or something.

I think I'll be having my wife bring the laptop hard drive in her purse from now on.

Re:Would they search a video ipod?

[ShieldW0lf]

With a government as corrupt as the Americans have, businesses really need to consider this an industrial espionage vector.

Wonder how much of a chilling effect this will have on American business.

Confiscated means Compromised

[Anonymous Coward]

From now on, I'm wiping all my personal files from my laptop before travelling. I'll do a clean install and SCP any required docs from my home server when I get to the hotel. For the return journey, I'll commit any changes to my home server, wipe the files from my laptop and reinstall.

None of my personal files are illegal or "top secret" but they're all "mind your own fucking business". It's an issue of trust and I have no faith in the Bush administration or its agents.

This entire story is awfully disturbing.

[s20451]

So customs authorities have the power to inspect the data on your laptop, or presumably any other data-carrying device, without warrant or even cause.

But an obvious way around this search would be to transfer the data electronically, and perhaps rent a laptop in the US to retrieve it.

So my question is this. If searching files on a physical device is legal, would it not also be legal for customs to "inspect" all electronic data that crosses international borders? And in the same way that it is legal for the authorities to sieze a laptop for more intensive analysis, would it not also be legal for customs to "embargo" electronic transmissions until they can be analyzed? (Perhaps compelling the sender or receiver, whichever one is on their soil, to disclose the key?)

Think about the implications for a couple of minutes. This would put the Great Firewall of China to shame, and you have to know that somebody in the justice department is thinking about doing it.

Re:This entire story is awfully disturbing.

[Rob_Warwick]

So my question is this. If searching files on a physical device is legal, would it not also be legal for customs to "inspect" all electronic data that crosses international borders?

As I understand US law (IANAL, I'm not even an American) there's a difference legally between data that's in transmission and in storage. One falls under wiretapping laws, one is just under search laws (if I remember).

Here's an mp3 of the talk where I heard about it at HOPE Number Six: http://www.hopenumbersix.net/mp3/16/network_monito ring_and_the_law.mp3

Incidentally, the same conference that I had my laptop searched coming back from. Canadian customs officials, I'm a Canadian citizen. They used spotlight for a couple minutes in a back room and then returned it. I would /love/ to know if there is some legal info about this, since I would have been willing to assert my rights, I'm just not sure what they are in that situation. I figured that they have roughly the same rights as if I was carrying a stack of (paper) notebooks and wanted to read through 'em, but that'd be logical, and I've rarely seen the law work logically where a computer was involved.

Re:My Lack of Surprise

[bwd]

Customs agents don't derive their power to conduct warrantless searches at the border from legislation.

The Supreme Court has held in several cases, such as Hernandez and Ickes, that the ability to conduct searches is an inherent sovereign right of the country. The President, through Customs, is able to exercise this right through Article II.

Mailing you a clue by four

[BeeBeard]

Instead of seizing your computer, your person will be seized and thrown in quarantine.

Have you ever even traveled overseas before? It's like you just lifted this information from an Orwell novel or made it up off the top of your head just to be an anonymous contrarian. Your language is stilted and sounds like something you heard somebody smarter saying years ago: "Your person" indeed. I'm no Richard Stallman, but I've traveled extensively in the Middle East, Lower Asia, and in Eastern and Western Europe. For an American, I do alright.

Everywhere I've gone, airport and border security has been lax. You are searched, but not invasively so. They ask questions about where you're going and why, but it's not Jeopardy-level stuff. A valid passport does its job for you. Nobody throws you in quarantine for having a cold or pretending to, for godsake. Why don't you do us all a favor and stop bothering us with this unrealistic Checkpoint Charlie crap you saw in a late-night Spike TV Jean Claude Van Damme movie.

Interestingly, it's only when you re-enter the United States as an American citizen that you are subject to the most harassment, at least at O'Hare and Kennedy. They are not afraid to use dogs to sniff you while you're waiting on your luggage. They will whip out the rubber gloves when handling your property, and they will give you that knowing look like "Give us any trouble, and these can be used for you."

But thrown into quarantine? Laptop and briefcase-toting American businessmen? Please get a clue.

Re:Mailing you a clue by four

[Anonymous Coward]

You're re-entering the US. Try coming in with a foreign passport (mine is British). The experience is offensive. Last year I listened as my British-Asian friend was grilled about how long she'd lived in the UK. The guard didn't seem to understand that she was born here, and was quite happy to tell her she had the wrong colour skin. What are we supposed to do? We need to get through (work) and the guard has control. I'm in no hurry to travel to the US if I can help it.

Required to enter *A* password

[Sloppy]

My laptop requires a password to wake from sleep or decrypt the contents of my home directory.

First of all, don't put it to sleep. Turn it off, so that the password they ask for will be a login password rather than some kind of state-restoration password.

Next, when they ask for a login password, give it to them. Give them a username too.

Now they log in. They see a very boring directory, which is very easy (and here's the important part: quick!) to search through. They yawn after a very brief investigation, give the machine back, and you go on your way.

Why did everything work out? Because you gave them a username and password that you don't use everyday, so all your personal stuff isn't sitting in there, needing to be sorted though looking for stuff related to kiddie porn, terrorism, drugdealing, and .. (oh damn, what's the 4th horseman? I forgot.)

Re:Beige Alert! Beige Alert in terminal B!

[Anonymous Coward]

That means you're A)going with crap vodka, or B)not going with enough vodka. An RBV tastes best when it's mixed fairly strong. If your local bartender has a problem with that, ask them to figure out, ounce for ounce, which costs more. Your Red Bull Vodkas will start being poured nice and stiff after that. In my experience, there are really only two ways to drink RBV (which my group of acquaintances has dubbed Thug Passion.) Either the Thug Classico, which is a Pint Glass with ice almost to the top, Absolut Mandarin poured in just over half way, then Red Bull to top the glass off (About 2/3 of a can.) The other way that I have been enjoying the most lately is the Thug Lightly, which is the same recipe, but regular Absolut Vodka with sugar free Red Bull. The Thug Lightly works much better for a big night of drinking, as there is less syrupy aftertaste, and the lack of sugar means that morning hangovers are mostly non-existent if you drink some water afterwards and stay sober enough to remember the walk home. If you drink to blackout, of course you're going to get a hangover. And hopefully a new liver someday.

Hmm... It's Tuesday, I don't work tomorrow, and at least one more of the Thug Passion Posse doesn't work tonight. Maybe I should go support my local bartender tonight.

I know od harddrives snuck across the border...

[Jack9]

A couple companies ago I ran into some Canadians who stole US data then simply put the data on harddrvies that they carried across the CANADIAN border, mailed them to an address, went back to Canada. Went through customs normally, got visas (1 of the guys got delayed 2 weeks for no given reason), and came into the company, opened their package. Viola.

Here's a Good Question

[p0tat03]

Can I refuse to hand the laptop over, turn around, and go home? If I was heading down 'cross the border and the Americans tried to take my work laptop, I'd probably turn around and go home. I'm pretty sure my boss would rather not have a copy of the product's source floating around god knows where, even if it is encrypted.

Re:Here's a Good Question

[ancientt]

I use TrueCrypt for my laptop. I don't have a password, I use a key on the work network protected by VPN (if you're not on the local network.) I literally cannot be forced give access to someone without setting up the VPN connection. Anything sensitive is on the encrypted partition. If I have to travel overseas, I will ask that they disable my VPN access until a mutually trusted aquaintance at my destination requests it be restored. I might go so far as to ask that I not know who is the responsible party.

If my laptop is confiscated, it will be a pain, but not terrible since the encrypted partition is backed up when I'm on the work network. If they must decrypt it, then they have to go through my company's security officer and the company's lawyers. If they take the laptop, then its my company's problem and they can decide if it's worth the legal fight.

Why? I handle other people's sensitive personal data (and try to keep even that at a minimum on my laptop.) I do what I can to protect the privacy of anyone who has trusted us to keep it private. If I'm dealing with someone who is trying to legally obtain the contents of the drive, they are forced to go through a legal process that protects our clients and by extension myself. If I'm dealing with a personal criminal with a gun, hopefully I can just hand over the laptop and valiently try to run away.

No lying to officials is necessary. I don't think I'd volunteer to explain that there is an encrypted partition, but if asked directly I can tell the truth.

If you're worried about it, you could probably set up the same with friends instead of a company and have most of the benefits.

If the climate is really nasty, then I'll probably just ship the drive. Boot? Sure, that's knoppix by they way, let me know if you need help finding the games.

Re:Required to enter your password?

[telso]

In Canada, US Customs agents falls under the direction of Canadian laws, specifically the Canadian Charter of Rights and Freedoms and the Preclearnace Act. Specifically:

16. (1) If the traveller chooses to answer any question that is asked by a preclearance officer for preclearance purposes, the traveller must answer truthfully.
(2) If the traveller refuses to answer any question asked for preclearance purposes, the preclearance officer may order the traveller to leave the preclearance area.
(3) The refusal by a traveller to answer any question asked by a preclearance officer does not in and of itself constitute reasonable grounds for the officer to suspect that a search of the traveller is necessary for the purposes of this Act or that an offence has been committed under section 33 or 34.

Also:

25. (1) A preclearance officer may examine any goods that are submitted for preclearance, and may open or cause to be opened any package or container and take samples of the goods in reasonable amounts.

So they are allowed to "examine" your laptop and although you might be able to refuse to answer a question like "What is your password?", if you do they can refuse you entry into the US. However, in general, while your goods may be refused entry, confiscated or even forfeited (the Governor-in-Council regulations on that are harder to find, but likely out there somewhere), you may always leave a preclearance area unless they suspect you of breaking Canadian law (or if you have broken it). Also, they can't search you once you state you want to leave, unless they suspect you of breaking Canadian law (or if you have broken it). Lastly, IANAL and there are lots more interesting things there.

Re:Sounds like a job for...

[mrchaotica]

Encryption software is deemed a munition by the State Department and requires permission to be exported.

Yeah, and that sure explains why laptops are being seized when their owners are coming into the country!

now, yes, but why maintain it?

[misanthrope101]

The need for paperwork only comes with oversight. That is tied in with probable cause, the legislated, mandatory need to justify your actions, and basically the tacit assumption that your position puts you in a position where you can abuse your power, so you should be watched closely. Take away the probable cause, shield everything behind a wall of secrecy that you can't breach because "that might help the terrorists" and you have people who a) can take stuff, b) without having to justify it to anyone outside their office. How would complaints be filed, and to whom?

The approach the White House is taking to, well, everything, is bound to trickle down, because everyone in the world would find it convenient to be free of oversight and accountability. If the position of the upper government is "trust us, and no, you can't check, because that would help the terrorists," then that incredibly convenient pretext for hiding everything they do will trickle down the ladder.

THAT, not an irrational hatred of Bush, was why the civil libertarians yelled so loudly about the White House redefining torture, due process, habeus corpus, and everything else. If one government agency can just sign a document to lock you up for as long as they want, exempting themselves from judicial or legislative oversight, redefining or ignoring laws they don't like, then well, hell, EVERYONE wants to do that, and it will trickle down to your local police department eventually. It happened with the war on drugs, and the war on terrorism is a lot more useful. Ever hear of civil asset forfeiture? Ostensibly, it was a critical tool to go after the drug dealers, but over 80% of people whose assets (cars, houses, boats, even cash) were seized WERE NEVER CHARGED. This happened under Clinton, too. Government abuses power. That is a truism, and it doesn't stop being a truism just because you voted for a particular administration. The "conservatives" have gotten so excited about being able to remake the world however they wanted that they have become the very totalitarians they claimed to fear from liberalism.

But back to the police and those laptops. You seem to think that there is some independent life-force or truth-force in existence that will spontaneously, without any legislative mandates, cause the police departments across the country to do the right thing even when no one is watching over their shoulder. That is naive to the point of hilarity. People don't handle power well. Would you like to give high school teachers the ability to strip-search any student at will, with no legislative oversight, and just assume that they won't abuse that? Do you hate teachers? No, and I don't hate cops either, but if you remove oversight that was provided by due process and probable cause, and excuse them from having to justify their actions before a judge and risk censure, then their authority will be abused for gain. It's just human nature.

Re:Friend coming back from Thailand talked about i

[MichaelSmith]

I have told this story a few times on /. but here it goes again

Last year I went with my wife and son to Adelaide for a short holiday. Coming back I left my laptop in the checked in luggage (having too much stuff to carry on board). At the time it only ran Mandrake. The laptop was fully charged because I always ran it on mains power.

Boarding time arrived and thw airline announced a delay to "change a wheel". I could see the plane right outside the windows. Adelaide airport is pretty small. No wheels got changed.

We got home and I got the laptop out. The battery was totally flat. After all the warnings not to use a laptop during takeoff and landings did these guys leave my laptop running in the cargo hold? Did they do that because it doesn't have a "start" button?

Re:Scary

[mce]

Similar story here. I'm an MBA student right now and the (European) school organises several 1 week exchanges for us to choose from early in 2007: New York, Milan, Bejing, and St. Petersburg. I ruled out New York from day one because I refuse to visit the US under the current regime. Guess where I will most likely be doing business instead after graduating?

The last time I was in the US was in May 2003. That was a business trip that I could not possibly escape from, but the airport experience was telling. The worst part of it, is that I was there to help a US based spin-off company of ours get off the ground. They were going to sell the stuff that I had been working on for 7 years and that so far was mostly funded by EU research grants. Yes, you got that right: we did the most risky bit, they were going to do the packaging and run away with the profits. And then the US treat me like criminal. (A criminal who also happens to have a Nato Secret security cleareance at that!) That's when I decided to never ever go back unless the US clean up their act a *lot*. Sadly, things have only gotten worse since then.