keep almost everything about their private lives on their laptops,
or other portable digital devices. Photos, bank accounts, medical
records, virtually anything, is apt to be stored on a portable digital
device... and this can become a problem for travelers trying to get
across the US borders. This can be an especially troubling problem for
people with especially sensitive documents. Things like the attorney,
(or doctor,) client privilege, trade secrets, and other sensitive data
could potentially be compromised.
What about The 4th Amendment-
The
4th amendment protects Americans from search and seizures that are
unreasonable, true. In most cases, law enforcement has to show a Judge,
or court, that there is a reason that they need access to anything...
personal property, cars, and even digital devices and computers. But
according to several federal court decisions when a person is crossing
the border of the US, the expectation to a reasonable amount of privacy
ends at the checkpoints. There have been legislative attempts to correct
this, but all these efforts have failed for one reason or another.
How Your Digital Devices Will Be Searched Or Inspected-
There
are two agencies that concern themselves with travelers' digital
devices. The Customs and Border Protection agency of the DHS, and
Immigration and Customs Enforcement. And, according to the published
policies of both agencies, they have a great deal of discretionary
powers as to what items can be detained for inspection. And though it is
virtually impossible to discern how they will treat the equipment and
data, they can do so with or without any kind of reasonable suspicion.
In some cases they are allowed to keep the devices for closer
inspection, where they can download and retain all the data on the
device. Sadly, neither agency clearly explains how long the data can be
kept, how it can be used, or how it can treated.
How Often Is This Done-
According
to the agencies, such extreme measures are rare. The ACLU reports that
an average of 300 device searches per month on average are conducted,
and that less than half of those travelers were Americans. Yes, the
searches are a regular happening, but not on an extreme level. With a
frequency like this, most travelers have a low risk of their devices
being inspected or retained for off-site inspection. But this average
could increase in the near future. With advances in technology, both
agencies, researchers, and software vendors are constantly searching for
better and ore efficient ways to conduct this business, and eventually
this could lead to everything on these portable digital devices being
inspected without the owners even being aware that it is happening.
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