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June 12th, 2008 -
http://www.eff.org/press/archives/2008/06/12Judges Urged to Curtail Random Searches of Travelers' Laptops
EFF Asks for Review of Flawed Appeals Court Ruling
San Francisco - The Electronic Frontier Foundation (EFF) and the Association of Corporate Travel Executives (ACTE) urged an appeals court today to review a flawed decision allowing random and invasive searches of travelers' computers at the U.S. border.
The news media has reported extensively on these searches as well as the surprise and anger felt by American travelers when they are singled out for inspection. In a typical search, U.S. border officials will turn on the computer and then open and review files. If agents see something of interest, they may confiscate the computer, copy its contents, and sometimes provide a copy to the Department of Justice -- even when the traveler is not suspected of criminal activity. In some cases, travelers have never gotten their computers back from the government.
In an amicus brief filed today, EFF and ACTE asked the full 9th U.S. Circuit Court of Appeals to rehear and reverse an appeals panel decision in United States v. Arnold, which upheld this blanket search and seizure power. While the U.S. Supreme Court has ruled that customs and border agents can perform "routine" searches at the border without a warrant or even reasonable suspicion, these ongoing baseless searches of electronic devices at America's borders are unconstitutionally invasive.
"Searching a laptop is very different from searching a briefcase. ........