Laptops can be searched at US border without cause

By Michael Fraase

Wednesday, 07 May 2008 07:23PM CST

Section: Privacy

FileVaultLast month the Ninth US Circuit Court of Appeals ruled that electronic devices such as mobile phones and laptops can be searched by US border agents without cause. A previous US District Court for the Central District of California ruling found such laptop searches to be “intrusions of the mind.” The US Justice Department argued that electronic devices are containers no different from luggage and should be subject to search.

The ruling allows the contents of electronic devices to be copied and the hardware confiscated. This poses significant problems for business travelers who are working on proprietary documents, lawyers carrying documents and notes protected by privilege, journalists carrying notes from confidential sources, or doctors carrying medical records.

US Attorney Thomas O’Brien supported the decision in a prepared statement: “The government needs to have the ability to restrict harmful material from entering the country, whether that be weapons used by terrorists, dangerous narcotics, or child pornography.”

Thankfully there’s a relatively simple remedy. If you’re using OS X, FileVault is built-in to the operating system and encrypts your home directory. Be sure to turn off your MacBook Pro, though; OS X stores account passwords in RAM. If you’re using Windows or Linux, consider the freeware TrueCrypt. In the US it’s currently up for grabs whether or not a border agent can force you to decrypt the contents of your laptop.

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