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Old 02-07-2008, 08:37 PM
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Post Electronic searches at border prompt protests

Nabila Mango, a therapist and a U.S. citizen who has lived in the country since 1965, had just flown in from Jordan last December when, she said, she was detained at customs and her cellphone was taken from her purse. Her daughter, waiting outside San Francisco International Airport, tried repeatedly to call her during the hour and a half she was questioned. But after her phone was returned, Mango saw that records of her daughter's calls had been erased.

A few months earlier in the same airport, a tech engineer returning from a business trip to London objected when a federal agent asked him to type his password into his laptop computer. "This laptop doesn't belong to me," he remembers protesting. "It belongs to my company." Eventually, he agreed to log on and stood by as the officer copied the Web sites he had visited, said the engineer, a U.S. citizen who spoke on the condition of anonymity for fear of calling attention to himself.

Maria Udy, a marketing executive with a global travel management firm in Bethesda, said her company laptop was seized by a federal agent as she was flying from Dulles International Airport to London in December 2006. Udy, a British citizen, said the agent told her he had "a security concern" with her. "I was basically given the option of handing over my laptop or not getting on that flight," she said.

....

Right to search?
Today, the Electronic Frontier Foundation and Asian Law Caucus, two civil liberties groups in San Francisco, are filing a lawsuit to force the government to disclose its policies on border searches, including which rules govern the seizing and copying of the contents of electronic devices. They also want to know the boundaries for asking travelers about their political views, religious practices and other activities potentially protected by the First Amendment. The question of whether border agents have a right to search electronic devices at all without suspicion of a crime is already under review in the federal courts.

The lawsuit was inspired by some two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics. Almost all involved travelers of Muslim, Middle Eastern or South Asian background, many of whom, including Mango and the tech engineer, said they are concerned they were singled out because of racial or religious profiling.

A U.S. Customs and Border Protection spokeswoman, Lynn Hollinger, said officers do not engage in racial profiling "in any way, shape or form." She said that "it is not CBP's intent to subject travelers to unwarranted scrutiny" and that a laptop may be seized if it contains information possibly tied to terrorism, narcotics smuggling, child pornography or other criminal activity.

The reason for a search is not always made clear. The Association of Corporate Travel Executives, which represents 2,500 business executives in the United States and abroad, said it has tracked complaints from several members, including Udy, whose laptops have been seized and their contents copied before usually being returned days later, said Susan Gurley, executive director of ACTE. Gurley said none of the travelers in the ACTE suit raised concerns about racial or ethnic profiling. And Gurley said none of the travelers were charged with a crime.

Electronic searches prompt protests - Washington Post - MSNBC.com


I fly internationally on business. I really don't think the government has any right to inspect the data on my electronics.

What's the point of airport security and customs? Shouldn't security be solely an issue of harm to others? Not inspecting for potential crimes?

And as for customs, I can understand some leeway for inspecting for smuggling and other potential illegalities.

But come ON now. I could just E-MAIL THOUSANDS of illegal electronic items to myself and bypass customs completely.

And having to deal with people who don't know how to handle electronics and computers, I really don't want customs personnel traipsing through my computer, not realizing what damage they are doing. Or what company documents they are perusing.

And beyond illegal porn, I doubt a customs agent could make a legitimately legal value judgment on what is "illegal" regarding pirated MP3s or movies or other electronic illegalities.

I would be really curious if they have EVER busted anybody at the border on electronic content...
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