Hello Readers,

There has been some recent news regarding the searching of various types of tech devices, such as laptops, PDAs, Blackberrys, etc. by the DHS of travelers returning to the United States from other countries.

While it is obvious that travelers either entering or re-entering the U.S. are going to be checked out by border and customs officials, sometimes heavily, the apparent increase in the searching of electronic devices has some aspects to it that could be privacy violations.

A July 23 Seattle Times article by Janet Tu, discusses this issue in more detail:  http://seattletimes.nwsource.com/html/localnews/2008067440_searches23m0.html

WTIA Ken Myer is quoted in the article.  We also followed up with a letter to most of Washington's Congressional delegation, which is attached.

Clearly the federal government needs to protect our borders not just from terrorists but also from child pornographers and other criminals who are trying to enter our country.  The search of electronic devices is perfectly legitimate to ensure that nothing illegal is being brought in or that harm is perpetrated.

However, it is important to make sure that innocent Americans are not being targeted indiscriminately due to their appearance or other overly subjective criteria.  It is important to note that the 4th amendment against unreasonable search and seizure ends at the borders.  The courts have given federal agencies a lot of leeway to search the belongings of travelers, including returning Americans.

The problem comes when there is encrypted, confidential or other highly sensitive information on these devices that needs to be protected.  If the person who is being searched allows the government to see the encrypted or sensitive information, does that leave the person open to other types of liability?  What is the government doing with this information?  DHS could easily copy data without anyone's knowledge but how is DHS securing this information and are they sharing it with other agencies?

In today's security conscious world, these are important questions that require a difficult tightrope that the government must walk to protect society as well as individual's rights.

WTIA has had conversations with Sen. Patty Murray's and Congressman Adam Smith's offices about this subject.  Congressman Smith is interested in talking with U.S. citizens who have had their electronic devices searched when returning from overseas travel or even within the U.S.

If this has happened to you, please contact WTIA at lmcmurran@washingtontechnology.org or by phone at (206) 448-3033 x101.  You may also contact Congressman Adam Smith's district office directly in Tacoma at (253) 896-3775.  Ask to speak to Ruth Clapp.