The
American
Civil Liberties Union has filed a lawsuit over the seizure of laptops by
border police without reason.
The court action is designed to obtain records of searches performed by the
US Customs and Border Protection (CBP) of laptops and written materials from
travellers entering the US.
The CBP currently conducts such searches, including taking images of hard
drives, on anyone, rather than on people about whom they have reasonable
suspicion.
"Travelling with a laptop should not mean that the government gets a free
pass to rifle through your personal papers," said Catherine Crump, staff
attorney with the ACLU First Amendment Working Group.
"This sort of broad and invasive search is exactly what the Fourth Amendment
protections against unreasonable searches are designed to prevent."
The increase in such searches is causing headaches for companies. Many now
issue travel laptops which contain no commercially sensitive information, and
set up a File Transfer Protocol site for staff to download necessary data once
through border security.
The ACLU originally requested the data in June, and began legal proceedings
after gaining no response.
"Under CBP policy, innumerable international travellers have had their most
personal information searched by government officials and retained by the
government indefinitely," said Larry Schwartztol, staff attorney with the ACLU
National Security Project.
"The disclosure of these records is necessary to better understand the extent
to which US border and customs officials may be violating the Constitution."
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