Laptop Seizures - ACTE's Gurley speaks to KDS's Berteloot

Federal Court Decision Supports Traveler Laptop Seizures

Alexandria, Va (Apr. 23) -- The Association of Corporate Travel Executives (ACTE) has issued a warning to its members worldwide -- and to all business travelers -- to limit proprietary information on laptop computers when crossing a US border, and to eliminate any personal data, including photographs, finances and email that you do not want examined by Border Protection authorities. The warning follows a decision by a federal appellate panel on April 21, 2008 giving customs officials the authority to examine, copy, and seize travelers' laptops -- without reasonable suspicion.

"ACTE filed an amicus brief contending that a traveler's laptop was essentially intellectual property and not the same as luggage nor freight," said Gurley. "The court has disagreed and this decision will have significant impact on business travelers who have no idea their data might incur inspection."

The association also argued there were no published guidelines as to what might trigger a secondary inspection, or the seizure of data or possibly the whole computer. According to ACTE's executive director, the expectation of privacy at the border is considerably less than one can expect in their home or office.

"In a time of heightened international security, it will take a brave Congress to rule that parties may not be subject to suspicionless searches," said Gurley. "The 9th Circuit mused a golden opportunity to preserve the rights of Americans." Gurley contends this issue will surface again when a more compelling case winds its way to the Supreme Court, or additional parties seek a legislative remedy to the problem.

A 2008 ACTE survey indicated that 81 percent of responding travel managers were unaware that laptops and other electronic devices that were seized could be held indefinitely. Sixty-five percent of respondents stated that their companies did have a policy restricting the amount of sensitive or proprietary data that could be carried on a laptop. That number is expected to grow in the wake of this ruling.

ACTE's advice to business travelers states:
1) That you should not carry any confidential, personal information that you do not want examined by third parties on your computer -- or other electronic devices. This includes financial data, photographs, and email stored on computers, wireless phones, Blackberries, or iPod-type devices.
2) That you should limit the amount of proprietary business information you carry on your computer, and that it be transmitted before crossing the border so you have access to it in the event your unit is seized.
3) If your laptop also serves as your major home computer, get another one for travel purposes.
4) The Association of Corporate Travel Executives is not advising travelers to hide data from US border authorities, but to take steps to minimize the impact of its loss, or the inability to access it, in the event it is seized.

For more information, contact:
Jack Riepe
ACTE National Communications Director
t: 610-719-8396
c: 610-256-0124
e: riepeacte@aol.com

Category:

People & Blogs

Tags:

• berteloot
• gurley
• acte
• goverment
• LAPTOP
• ELECTRONIC
• DEVICE
• SEIZURES
• border
• NSA

[IMA60SKID]

What do they do with the info? Anything they want.

[murray1069]

Let me see...9/11..remember that!!! It changed everything folks!! If you have not committed any wrong doing then you have nothing to worry about. But wait our new administration promotes "holes" in the fence and it will all end soon for law and order..

[MOZ351]

Read Montoya de Hernandez vs. US. US Customs has border search authority which they dont need a warrant or probable cause to stop, detain or search you.

[RayPinpillage]

Don't worry folks. A few good Americans, some pipe bombs and a bunch of guns could put an end to these pests lickity split.

[ficote72]

guilty until proven innocent from now on.

[ficote72]

FISA trashed the 4th ammendment, period.

[tubedeejay]

this is so the complete opposite of the 4th amendment.

are people going to have any freedom left in 2010?