No Probable Cause Necessary for Laptop Data Searches
By Suki Kott on Thursday 25 September 2008, 08:06 - Privacy - Permalink
The Register reports a significant change in the rules regarding border searches of laptops and other devices. Under the new rules, customs and border agents are authorized to search, analyze and store data without probable cause. For the past 20 years agents had to have probable cause in order to inspect data on the devices of travelers entering into the US. As of July that rule has been (quietly) relaxed, and powers given to agents expanded.
In February the EFF and Asian Law Caucus sued the Department of Homeland Security over these invasive searches, and then in May a federal district court ruled in favor of the searches. This led to some groups requesting that foreign travelers leave their devices at home when traveling abroad to the US.
The question that comes to my mind is how knowledgeable the agents are regarding the devices they're supposed to search. This fella missed his flight because the TSA wasn't able to identify his MacBook Air as a laptop.