The United States Department of Homeland Security (DHS) will continue to
allow its agents to seize notebook computers and retain the devices
indefinitely.
The DHS said
in
a report (PDF) that it will allow agents of the US Customs and Border
Patrols (CBP) to seize electronic devices and copy or obtain them as part of a
normal search procedure. The rule would allow agents to examine notebooks
without any suspicion of a crime and copy the hard drive.
If no evidence of a crime is found, the agents will be forced to destroy the
copies.
The practice of seizing and searching laptops in standard border searches has
become a major point of contention between the DHS and civil liberties'
advocates. In a June statement, congressman Ross Feingold wrote that the
practice was overly invasive and outside of the realm of a reasonable search.
"Customs agents must have the ability to conduct even highly intrusive
searches when there is reason to suspect criminal or terrorist activity, but
suspicionless searches of Americans' laptops and similar devices go too far.
Congress should not allow this gross violation of privacy," he wrote.
The DHS, however, defended the practice, saying that it was essential to
national security.
"These examinations are part of CBP's long-standing practice and are
essential to uncovering vital law enforcement information," the department
argued.
"For example, examinations of documents and electronic devices are a crucial
tool for detecting information concerning terrorism, narcotics smuggling and
other national security matters."
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