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Traveling With your Laptop? Take Note

Terri April 25th, 2008

Did you know that your laptop and other electronic devices are subject to seizure by the United States government at border crossings?

The Association of Corporate Travel Executives (ACTE) recognized early on that the issue of the United States government’s right to seize travellers’ laptops and electronic devices, as well as search and download their proprietary data without probable cause is problematic. They issued a press release in late 2006 warning of the issue. Although the actual seizure of laptops is not common, it is important in regard to privacy issues for your company and your personal privacy.

The ATCE writes “It is our understanding that in a typical search, agents may seize a laptop computer and inform the owner that the laptop will be returned by mail at a later date. Within a few days, agents create a “mirror image” of the laptop’s hard drive, copying every document, photograph, email, and other file on the computer. Agents then may perform forensic searches of the files and may store the copied files indefinitely.”

A lawsuit was filed in Feb., 2008 over warrantless searches of laptops and other electronic devices at U.S. borders. The suit was filed by the Electronic Frontier Foundation (EFF) and the Asian Law Caucus, two California-based civil rights groups. It asks the U.S. Department of Homeland Security (DHS) to disclose information on its policies for inspecting the contents of laptops and other electronic devices at the country’s ports of entry.

The ACTE advises that before traveling, all personal, financial, and proprietary business information be removed from your laptop. They also offer hints as to how to handle the situation if your laptop is seized.

  • Cooperate, but make sure that if Customs agents want to take your laptop that you put in writing (right then and there) that you are worried about your proprietary business information.
  • Ask for a receipt, and get as much information as possible.
  • Don’t carry your only copy of data on your laptop.
  • Make informed choices about what you bring on your international trip.

Learn more about the ACTE’s findings and recommendations

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