The Homeland Security Department, announced today some time limitations on how long border agents can hold on to devices they seize at the border.
As we pointed out last year in a post, when you come into the United States your laptop and cell phone, along with all your other possession are subject to search and seizure, whether you’re a visitor to the US or a citizen returning into the US.
Although citizens in the US are normally entitled to the protection of the 4th amendment right against unreasonable search and seizure, this right does not start until you have “entered” the US. That means border officials the authority to search files in US citizens and vistors, laptops, cell phones, portable hard drive and similar devices, with or without suspicion that a crime has occurred.
Under the old policy border agent could seize your devices and keep them for as long as they wanted. Under the policy announced today Customs and Border Protection officers should conduct searches “as expeditiously as possible.” and return devices within 30 days.
Moreover, under today’s new policy, travelers have the right to be “present in the room” during searches, although they are “not necessarily permitted to witness the search itself.”
It also requires border officers to document searches and conduct them in the presence of a supervisor, and take steps to prevent the unauthorized disclosure of information by allowing it to be shared only with federal agencies “that have mechanisms in place to protect” the data.
Bottom line, not much has changed, so read our initial post on this if you missed it, and be careful what you have on your computers and other devices when you travel into the US.
Do I hear “nazism” ?