The Obama administration has unveiled new rules for searching computers and other electronic devices when people enter the US, attempting to address concerns about violating privacy and constitutional rights.
At the same time, the Department of Homeland Security (DHS) defended such searches as necessary to detect information about potential terrorism plots, as well as other crimes such as child pornography and copyright infringement.
“The new directives announced today strike the balance between respecting the civil liberties and privacy of all travellers while ensuring DHS can take the lawful actions necessary to secure our borders,” claims DHS Secretary Janet Napolitano.
Between 1 October 2008 and 11 August 2009, 221 million travellers were processed at US borders and about 1,000 searches of laptop computers were conducted, of which 46 were in-depth examinations, the agency claims.
Searches often involve asking people to turn on the device to verify it is what it appears to be.
Privacy groups such as the Electronic Frontier Foundation have pushed Congress to stop border officers from searching laptops, mobile phones and other electronic devices without probable cause when people enter or return to the country.
The rules permit searches of such devices without a person’s consent. The search is to be conducted in the presence of the owner, unless there are national security or law enforcement reasons to conduct it elsewhere.
Immigration and customs officers can also hold the devices or the data, which may be copied without the knowledge of the owner for further review, according to the rules.
The new regulations note that border officers should be particularly careful when handling legal or business materials or other sensitive data, such as medical records or information carried by journalists.
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