Random Inspection of Your Laptop's Content at U.S. Border

I've travelled quite a bit in the past, but I didn't even know about this: US Customs and Border Protection agents can "randomly" seize your laptop, camera, cell phone and other electronic devices at the border for inspection - meaning they'll take a peek at what you've got stored in your machine:

Bill Hogan was returning home to the U.S. from Germany in February when a customs agent at Dulles International Airport pulled him aside. He could reenter the country, she told him. But his laptop couldn't.

U.S. Customs and Border Protection agents said he had been chosen for "random inspection of electronic media," and kept his computer for about two weeks, recalled Hogan, 55, a freelance journalist from Falls Church, Va.

But don't they need a warrant to do that? Nope - no, they don't:

Authorities need a search warrant to get at a computer in a person's home and reasonable suspicion of illegal activity to search a laptop in other places. But the rules change at border crossings.

Courts consistently have ruled that there's no need for warrants or suspicions when a person is seeking to enter the country -- agents can search belongings, including computer gear, for any reason.

Link


Normally I'm more on the side of "if you've got nothing to hide . . ." but my obsession with architecture has gotten me into the habit of collecting photographs of buildings from the various places I go, I have at least a thousand from every city I've been to with a camera. I wonder if all that could lead someone to believe I were planning an attack.
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for me, living in switzerland are things like that unbelievable! where is the right for privacy?

and yes, very good plan to make the USA a friendly business country! i worked for a company, which is now avoiding meetings in the usa! before there was a quarterly meeting with up to 20 people in the USA! now it's in europe!
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Yeah; land of the free...

Don't all you US guys get the feeling that there is something utterly wrong? Or do only people from "the outside" realise that such things are terribly off limits?
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As a Canadian, I generally love Americans; hate America. When we go to the States, we try to drive or take a train, as security hassles are still less than flying. Crap like this, plus the cost of travel, will keep a lot of visitors at home, though, for both business and vacation.
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Can you avoid being raped by their homeland "security" agents if you first fly to Canada and then take land based transport to the USA?
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You're still crossing the border, Orj.

Reminds me of the rather weird groping I got at Heathrow Airport en route to Italy one year. He told me he was a security guard...
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I have the same concern as Neatoramawontsendmeapassword. Business impacts could be huge...

@Orj : yes, there is plenty of opportunities to cross the Canadian border nearly hassle free : the border is very long and there no wall, yet.

I wonder if cars with US plates entering from canada still escape most border controls...
I had my very redneck 'Massachussets Terrorist Hunting License' bumper sticker too.. :)
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@Christophe:

"yes, there is plenty of opportunities to cross the Canadian border nearly hassle free : the border is very long and there no wall, yet.

I wonder if cars with US plates entering from canada still escape most border controls…"

There are no walls, but there are cameras on poles. You can drive along the border in some areas and see them. Drug runners try to jump the border all the time. A lot of them get caught... 'cause they were being watched.

And as far as I know, if you're driving, you have to go through the border crossings. Unless you want to drive across someone's yard (which would probably arouse suspicion).
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Searching and randomly seizing property are two different things. I disagree with the searching to begin with, in so much as the Right to be free from unreasonable search is clearly a Natural Right and not something bestowed by the US Government. But to SEIZE someones property and hold if for weeks! That is an outrage!

Of course, we will be told its for our "security", while at the same time putting foreign corporations in charge of our airport and sea port security.

I wonder if customs will claim the power to SEIZE and hold our internet packets as they try to cross the border?
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Of course remember to comply to the letter of the law only. Don't give them your boot password or login password. You can always say that you're not the corporate systems administrator and you don't have the passwords and that the admin will reset them when you get home. IF they question you its a protection scheme where the passwords are scrambled before transit to keep the data from being compromised should the unit be lost or stolen when traveling internationally. Get hard drive encryption that's mated to your hardware. Its a third level of passwords. If the drive is removed it is unusable. Plus you can keep your data on an encrypted USB drive and put it in your checked baggage before you board(its not on your person) Or even better get a notebook with easily removable hard drives. Keep one with DOS and wordperfect 5.1 for travel(and still keep it locked and encrypted just to make them work for it) and then put your regular one in checked baggage or FedEx it to your home location.

They say its to stop terrorist from bringing terrorist data that's a load of BS they're looking for movie and music pirates, pederasts, and tax cheats. Terrorists use google apps, net meeting and webkinz to communicate, they should look at that.
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Obviously this is necessary for our safety and the safety of the entire universe. If we don't allow this kind of preemptive striking, then the terrurusts will have won.

Or something.
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fluff:

We're definitely aware. Don't forget that HALF of us live in "blue states."

What kills me about this sort of thing is how information like one's photographs or browsing history or even what books you have on the shelf can be abused and distorted to fit a negative profile.

If they find visits to porn sites in someone's browsing history they conclude that he is either a "pervert," or, as seen in a recent homicide case here in Massachusetts, that the accused was "unhappy about his sex life."

There is a .pdf document that I've seen a dozen times here and there online that is supposed to be the "al-Qaeda manual." If somebody downloads that to check it out and it is later found on their computer, what do you think the chances are that this person will be accused of being a "member of al-Qaeda" or "sympathetic to al-Qaeda."

I remember seeing somebody undergoing "trial via the press" when in the course of searching his house the police found a pair of night-vision goggles. Night vision = terrorist, of course - even though the COLEMAN company that makes camping equipment sells cheap, consumer-level night vision equipment for camping, hunting, fishing, etc.

Another one - a book about "how to make your own fireworks" once became "instructions for building bombs" or "bomb making material."

Pushing back against this sort of lunacy seems so difficult and frightening in these strange times. What can one do?
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To any Europeans who think that Americans aren't upset..we definitely are. What's Bush's approval rating currently? 23fuckyouassholewearenosaferandtransportationisamessalongwiththeeconomy%?
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Uh oh, wouldn't want them to find my stash of black on blonde midget porn. And no, the blacks ain't the midgets.

Tear those blonde little people in half with your horse wangs, Oh yeah!

I bet border security love spending their breaks looking at sick confiscated porn.
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If you're traveling, get a basic laptop. Buy an Eee for $200 if you can get away with it. If you take pictures, use a hotel or airport wifi connection and upload EVERYTHING you want off your laptop for when you get back home in case it gets confiscated.
The seizure of laptops across borders is absolutely pointless considering real criminals (their excuse for this kind of BS) would be keeping things online anyway.
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All of these comments show how complacent the world has become about terrorism and crime in general.

You who whine about freedom are ALWAYS the first to criticize "the other guy".

Here's a fact, U.S. Customs derives it's power from the U.S. Constitution, dated two full years BEFORE the Bill of Rights. The Bill of Rights applies ONLY to U.S. Citizens AFTER they have crossed the border. This includes airports, seaports and land boders. When you apply for admission to the U.S as a non-immigrant traveler or a U.S. Citizen, you are agreeing to the laws of the land BEFORE the Bill of Rights existed.

My final .02 cents on this, you don't like the laws, don't subject yourself to the inspection. Stay in your country and fix your own problems. We have enough broken systems without your help. U.S. Citizens, quit whining about too hot coffee and too high gas prices and do something about corporate America and the media screwing you while you are wide awake.
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Old news: See

Laptops give up their secrets to U.S. customs agents (Oct 25, 2006)

http://www.iht.com/articles/2006/10/24/business/laptop.php

Nevertheless, this is worrying. I'd like to visit the states sometime soon, but those horror stories about US customs and Border Protection agent kinda ruin it for me. I don't want to step on a plane wondering if some paranoid customs agent is going to give me grief once I step down on US soil.
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I feel the need to reply to each, individual post here. Here goes, no offense intended.

Sofar - Yes, it leads to a more inquisitive interview.
Neatoramawontsendmeapassword - No
caitlin13 - Yes it is.
kusito - There is no privacy at the U.S. Border. We have the duty to look at EVERYTHING coming in. (9-11)
Nostra - Whaaa. Deal with it.
fluff - That's the inherent problem with a beurocratic society. We all see it but are, for the most part, too dumb to change it.
BikerRay - Yep. You're correct.
Orjan Morjan - Nope. We don't rape here. We will, however, delay your travel until you prove you are NOT a threat to the security of this Nation.
ted - Security guards need an official police officer to do anything more than hold you at stick point!
Christophe - Doesn't matter where your plates are from, you WILL be questioned. And, oh, by-the-way, TRY to get across without being noticed. Big Brother is alive and well all across the OPEN PRAIRIE!
Neatoramawontsendmeapassword - FINALLY! An intelligent answer.
Thebes - There are no rights at the U.S. Border. Foreign corporations are in charge because it's more cost efficient for U.S. businesses. And yes, we're working on it!
sushirama - Do you REALLY THINK we don't have the capability to crack you pathetic personal security codes? So young!
CJ - No. We have weapons for personal security, not to shoot you because you are stupid.
Adam Stanhope - Obviously educated. We are not searching for your free or hacked porn sites. We don't care. We are looking for Morally ILLEGAL things. Generally takes no more than a few minutes. You'd be surprised what your average laptop can release about things you don't even have a clue you were doing. Here's some FREE education for you. Believe NONE of what you read and only half of what you hear or see.
Peeves - Why does someone ALWAYS have to point at the Whitehouse when something is screwed up? Try pointing at Wall Street or Madison Avenue or California. 99% of the problems in this Country start there.
"A.J." - Funny. Stupid, but funny!
JamesM - Criminals ARE stupid. We already know that. It's you SMART folks we like to harass because you THINK you can get something by us. Makes my job that much more fun!
Johnny Cat - Thanx for the compliment. Appreciated! We don't need "Special" programs, we know what we're doing!
prophet - No there aren't. Not too prophetic!
Xinavera - And we appreciate it. Let's us bone-up on our special skills.
Miranda Vink - Good article. Which side of the political aisle do you think it came from? Quit worrying. We're not all paranoid. If you provide a reason, you'll be detained.
rougy - It's thinking like that which got this country in the horrible political shape it's in now. This is NOT a Republican OR Democratic issue, it's a Security issue. Just suppose the next laptop we seize contains detailed plans on the next 9-11 attack. We catch the guy and his cohorts and you and your family live another day. Is that OK with you?

If you haven't figured it out yet, I am a Customs "Agent". AAnd for those who didn't catch the subtlety in my last post, if you don't like the rules, go play the game in some other Country. Make my job that much easier.
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DOJ
July 8th, 2008 at 3:34 am
@Ddog - i’m curious, what have you ever found in a laptop that posed any risk to the United States?

To know the answer to that, you would have to be a Customs Officer.
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It's only a pathetic waste of time. Of course, a terrorist will plan their attack in a different way. In a way that couldn't be stopped by a guy called John in a routinary inspection.

The only thing you get doing this is to annoy normal people and make the people "feel" safe.
Oh, well, and also it gives a job to people like Ddog, useful to make him be only annoying, but not dangerous.
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Its not just America my friends. I was detained entering Canada. They searched everything. So what I thought I have nothing to hide. Then they searched my camera, again nothing to hide. Unless pictures of stained glass is against the law. Next they searched the laptop. Well they tried. I use a mac, and it appears they are not mac savvy. So they asked for my assistance. The wanted to install some software to search my laptop. Turns out whatever they wanted to install was not mac compatible. So they asked me to show them where the pictures were saved. So I did. I warned them they may find some ADULT PORN, and a pic or two of me naked. There were only a few graphic pictures. They did not pay much attention to them though. Then the guy stops on one pic. This was the pic that he had a problem with. I could not believe it. It was a pic of my partners nephews. They were playing with my web cam. The camera has a feature that makes the pic distorted. You know great big eyes, little chin. That sort of thing. The program is called Photo Booth. Mac users you all know it. Well anyhow his nephews must have taken 100 pics or so making funny faces. I remember the day, they had so much fun. By the way, they clearly had clothes on. In a few pics there parents, grandparents and aunts and uncles were in the undistorted background. So these very innocent pictures caused a huge delay, and a lot of uncomfortable questioning. They lectured me, and questioned me. To be honest I was really scared. I did nothing wrong but felt like I was going to be locked away. What they told me is child predators will morph the pictures of children...... They gave me an example story of what they found. I had to tell them to stop I didnt want to hear any more. They were literally making me sick to my stomach. Finally after multiple interviews they decided I was not a dangerous person, and let me enter. They did give me back my laptop, and camera. I do feel violated. I also feel glad they have caught some very sick people. Mostly angry that anyone would accuse me of doing such things to children, especially how innocent the pictures were. So my solution. I need my computer when I travel, so I will change the hard drive. On a 13 in Macbook it takes 10 min to change. I will just use a clean, new, hard drive with nothing more than the OS on it. I will not set up any email accounts on mail programs. I am sure this will be suspicious as well. I really do not know for sure. I do know, I do not want to go through this experience again. No book marks, no cookies, and no contacts. I will just have to rough it. If they decide to try to install software again, I say go right ahead. That hard drive will be removed from my computer 10 min after I get home. I suggest to all who can leave such items at home just do it. If you must travel with hardware, remember this story. Very innocent pictures suddenly making me a suspect. It could happen to you. if both Canada and America are doing it, I am sure other countries are as well. Oh yea, and it is very true your rights are non-existent at the boarder. To the boarder patrol agents, I am glad your trying to catch the bad guys, however please do it without taking every ounce of dignity of someone. Is it really any of your business about who I hooked up with or what their name is. I did not give the name, I just let them think I was very easy. I said I did not really catch the name. How did they know to ask for a name, well they asked me a lot of sexual questions. At least they did not comment with score cards about the nude pics of myself, that my boyfriend took.
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To add to this ongoing commentary ,, US Customs and Homeland security seem to sometimes leave common sense behind in their dealings with the public . A question asked in a survey of US citizens who travelled frequently . What was the least pleasant part of a trip > dealing with Customs . A example of no common sense . Two guys go out in their SeaDoo in the thousand islands near Kingston, Ont, The watercraft breaks down and they drift into the US landing on a beach , Somehow they are spotted and picked up by US Customs and are deemed to have illegally
entered the US . They of course have no ID, in fact all they are wearing is a bathing suit . Now it gets really funny/pathetic .. They are such a risk that they spend 3 days in US jail for having the audacity to break down in the middle of the lake and then illegally 'enter' the country . some one with common sense might have just offered to put a tow rope on the jetski and towed them back to the Canadian side but the mindset of some of these guys is just strange . My neighbour tells me a story of an acquaintance . She is clearing US customs at vancouver airport on her way to hawaii , The officer asks how long are staying in Hawaii? Three months is the reply . Are you going to work there ? No I 'm staying with my boyfriend . Oh how long have you been doing this ? for the past 4 years. [ He can check her entry history on his computer] and she says he comes to canada for 2-3 months at a time as well .. The officer ponders this...
Next question. Is he going to marry you ? The lady is a bit taken aback by this and replies Well we haven't got to that point yet >. Officer pauses then replies
Well If he has not married you by now he should . I'm going to deny you entry . Someday You'll thank me for this !! she is flabergasted and walks away in disbelief
Apparently it takes her a large effort to get this undone as once " denied entry' you are in the computer
and are screwed up good . If she had the presence of mind to pull out a sheet of paper and asked the officer to write down his reasons and quote the sections of the rules which guide him perhaps he might have rescinded his decision ? That is taking it way over the top , From my discussions with people who have regular dealings with US Customs many officers interpret the " rules' differently depending on what day of the week it is or what phase of the moon is showing. A close friend's daughter is a canadian citizen who went to University in Chicago worked in N.Carolina for 2 years got a new job in SanDiego and was is in the process of getting a getting her work visa thru the system with a new employer as the sponsor. She comes back to canada to go to Grandma's 90th birthday party
There is a bit of a slow down in the process of having her visa completed and printed . It has been done but she had yet to get the paper copy . It was posted on the US customs and immigration website . She goes to Vancouver airport to Sunday afternoon to catch flight to San Diego.. US Customs officer asks her what she is doing she explains , says she has Visa completed and approved here is web address so he can look it up . He asks where is paper copy , she explains not yet in hand wanted to go to Grandma's birthday in canada . pls check website . He says no paper , no entry . go away ; makes comment to the effect I could lose my job if I let you in .. She leaves bewildered fortunately her mother is still at airport . They get in car and go to Peace Arch border crossing where she explains situation to very nice young agent who looks up the visa confirmation on line says all is in order and remarks better get on your way to Sea-Tac as quickly as you can . She is just able to catch last
flight and connection to SanDiego .. What a mess all because this one officer can't/won't accept a online visa confirmation , When another officer an hour later goes out of his way to be helpful and passes her thru no problem . Some agents seem to be a law unto themselves and have forgotten the adage "Too whom much is given much is expected "
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