Now that US customs agents have unfettered access to laptops
and other electronic devices at borders, a coalition of travel
groups, civil liberties advocates and technologists is calling
on Congress to rein in the Department of Homeland Security's
search and seizure practices. They're also providing practical
advice on how to prevent trade secrets and other sensitive
data from being breached.
In a letter dated Thursday, the group, which includes the
Electronic Frontier Foundation (EFF), the American Civil Liberties
Union and the Business Travel Coalition, called on the House
Committee on Homeland Security to ensure searches aren't arbitrary
or overly invasive. They also urged the passage of legislation
outlawing abusive searches.
The letter comes 10 days after a US appeals court ruled Customs
and Border Protection (CBP) agents have the right to rummage
through electronic devices even if they have no reason to
suspect the hardware holds illegal contents. Not only are
they free to view the files during passage; they are also
permitted to copy the entire contents of a device. There are
no stated policies about what can and can't be done with the
data.
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Over the past few months, several news reports have raised
eyebrows after detailing border searches that involved electronic
devices. The best known of them is this story from The Washington
Post, which recounted the experiences of individuals who were
forced to reveal data on cell phones and laptop devices when
passing through US borders. One individual even reported some
of the call history on her cell phone had been deleted.
"The Fourth Amendment protects us all against unreasonable
government intrusions," the letter, which was also signed
by the Center for Democracy and Technology and security expert
Bruce Schneier, states. "But this guarantee means nothing
if CBP can arbitrarily search and seize our digital information
at the border and indefinitely store and reuse it."
Several of the groups are also providing advice to US-bound
travelers carrying electronic devices. The Association of
Corporate Travel Executives is encouraging members to remove
photos, financial information and other personal data before
leaving home. This is good advice even if you're not traveling
to the US. There is no reason to store five years worth of
email on a portable machine.
In this posting, the EFF agrees that laptops, cell phones,
digital cameras and other gizmos should be cleaned of any
sensitive information. Then, after passing through customs,
travelers can download the data they need, work on it, transmit
it back and then digitally destroy the files before returning.
The post also urges the use of strong encryption to scramble
sensitive data, although it warns this approach is by no means
perfect. For one thing, CBP agents are free to deny entry
to travelers who refuse to divulge their passwords. They may
also be able to seize the laptop.
If it sounds like a lot of work, consider this: so far, the
federal government has refused to reveal any information about
border searches, including what it does with the electronic
data it seizes. Under the circumstances, there's no way of
knowing what will happen to, say, source code or company memos
that may get confiscated. Or the email sent to your lawyer.