Northern Sorcerer Mickey
Member
The U.S. Border staff has been given the legal right to search and seize any laptop or other electronic device that contain data files. ; They have been doing this since mid-July. They can make you go through as many of your files as they deem necessary to confirm you are not carrying suspicious information. They can decide to take the device from your with no
explanation or make copies of your entire system and share the data with other agencies.
A recently released U.S. Department of Homeland Security (HDS) policy indicates that agents do not need suspicion of wrongdoing to confiscate the electronic devices and that data contained in the devices may be shared with other agencies for decryption or other purposes. The policy covers laptops, MP3 players, pagers, cell phones, PDAs, voice recorders, digital and video cameras.
If you are a regular traveler to the United States, you should make sure that you have full backup copies of everything on any device listed above as you will not know when you may get the device back. There has been no confirmation if any Canadian has had their computer seized, but multiple Americans have lost their computers under this new legislation. Some regular travelers are now arranging to have their electronic devices couriered to the location they are travelling to avoid the delay.
http://www.customs.gov/linkhandler/cgov/travel/admissability/search_authority.ctt/search_authority.pdf
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/01/AR2008080103030.html
Hot on the heals of the Washington post article was a bill introduced to congress in the U.S. – It is called Securing Our Borders and Our Data Act of 2008 - HR 6702. It will be interesting on how this proceeds.
Here is a copy of the bill - http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.6702:
explanation or make copies of your entire system and share the data with other agencies.
A recently released U.S. Department of Homeland Security (HDS) policy indicates that agents do not need suspicion of wrongdoing to confiscate the electronic devices and that data contained in the devices may be shared with other agencies for decryption or other purposes. The policy covers laptops, MP3 players, pagers, cell phones, PDAs, voice recorders, digital and video cameras.
If you are a regular traveler to the United States, you should make sure that you have full backup copies of everything on any device listed above as you will not know when you may get the device back. There has been no confirmation if any Canadian has had their computer seized, but multiple Americans have lost their computers under this new legislation. Some regular travelers are now arranging to have their electronic devices couriered to the location they are travelling to avoid the delay.
http://www.customs.gov/linkhandler/cgov/travel/admissability/search_authority.ctt/search_authority.pdf
http://www.washingtonpost.com/wp-dyn/content/article/2008/08/01/AR2008080103030.html
Hot on the heals of the Washington post article was a bill introduced to congress in the U.S. – It is called Securing Our Borders and Our Data Act of 2008 - HR 6702. It will be interesting on how this proceeds.
Here is a copy of the bill - http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.6702: