Recently on a list I am on, there was a thread on searches of laptops at airports. In order to answer questions about this, and since it is beyond my area of practice, I asked Bonnie Stern Wasser to provide a guest post about it. Bonnie went above and beyond my expectation. Bonnie practices immigration and nationality law in Seattle, Washington. She is a member of the American Immigration Lawyers Association and currently serves as Chair of the Washington Chapter’s Congressional Liaison Committee.. Thanks Bonnie for such a great guest post. While the post is long, it contains a complete look at the subject.
During this busy holiday travel season, travelers need to be aware of search and seizure laws when traveling internationally with laptops, PDAs, cell phones, iPods/mp3 players, portable hard drives and other kinds of electronic gear containing sensitive personal or confidential business data. Increasingly, border officials are searching and confiscating electronic gear to exclude immigrants from entry to the USA or to bring criminal charges against US citizens and immigrants traveling in and out of the USA. Several recent cases address the legal limits of laptop and electronic data searches. Because US border search authority is very broad, travelers should operate under the assumption that their gadgets could be searched and that nothing contained therein will be deemed private unless one is prepared to litigate the issue. While this is a prime area of law to test the legal bounds of privacy issues, litigation can be expensive and confiscation of equipment can be disruptive to jobs and business. Therefore, the better course of action is to leave your gear at home or limit the data you carry in it. Keep in mind that business cards and address books as well as books and papers among other items can also be searched, scanned and confiscated. This article, however, focuses on electronic data issues.







