Computerworld
Civil liberties groups sues over US electronics searches
Claim DHS didn't respond to FOIA request; searches of phones, other devices also at issue
Jaikumar Vijayan  11 February, 2008 08:24

Two civil liberties groups last week filed a lawsuit in a federal court in California in response to complaints from travelers of excessive screenings at border-entry points, including inspections of the data on laptops, cell phones and other electronic devices.

The lawsuit was filed in US District Court in San Francisco by the Asian Law Caucus (ALC) and the Electronic Frontier Foundation (EFF). In the legal filing, the two groups ask the court to order the US Department of Homeland Security's Customs and Border Protection (CBP) division to release records relating to its policies and procedures on the "questioning, search and inspection" of travelers entering or returning to the US at various ports of entry.

The ALC and the EFF, which are both based in San Francisco, said in a joint statement that they filed the suit under the Freedom of Information Act after the DHS didn't respond to a FOIA request the two groups submitted last October. They added that they had requested the information from the DHS in response to increasing allegations of "excessive or repeated" screenings by CBP agents.

For instance, the ALC received more than 20 complaints over the past year from individuals who said they had been "grilled about their families, religious practices, volunteer activities, political beliefs, or associations" when returning to the U.S. from trips overseas, according to the statement.

Some of the people also claimed that CBP staffers inspected and sometimes copied the contents of their laptop files and cell phone directories without providing any reason for doing so, the ALC and the EFF said. The groups are seeking the information about the screening policies so they can assess whether they should take any legal or legislative actions to try to force the CBP to change its procedures.

DHS officials referred an inquiry seeking comment about the lawsuit and the earlier FOIA request to the CBP's press office, which didn't immediately return a phone call placed late in the afternoon Eastern time.

In an interview, Shirin Sinnar, a staff attorney at the ALC, said that in all the cases of electronic devices being inspected that the group knows of, the searches appear to have been done with little obvious cause and very little explanation from the CBP.

"In one case, an individual told us his computer was taken for about 45 minutes," Sinnar said. "They told him that was how long it took to download the files from his computer." Some people complained about CBP agents looking at their browser caches to see which Web sites they had visited recently, she added. Others said they weren't told what information, if any, was being copied and for what purpose.

One of the people who complained to the ALC was Kamran Habib, a software engineer who lives in San Jose and works for a technology vendor that he asked not be identified. Habib said he had been subject to such searches on three occasions last year. Two of the searches took place in the space of two weeks, when Habib was re-entering the US from Canada after separate business trips.

On all three occasions, Habib said, CBP officials took his laptop and didn't return it until the screening was completed -- a process that typically took about two hours. "They haven't informed me what they did [with the laptop], so I really don't know," he said.

He added that when he asked why his computer was being inspected, CBP officials told him it was because they wanted to make sure the laptop didn't have any pirated content on it. Now, Habib said, he clears all of the personal information from his laptop before traveling outside of the US

The FOIA request and lawsuit by the ALC and the EFF aren't the first attempt to get the DHS to disclose its policies regarding such border searches. The Association of Corporate Travel Executives (ACTE) filed a similar FOIA request last July, specifically looking for information about the government's policies on searching laptops and other electronic devices. The DHS did respond to that request, but the document that the ACTE received was heavily redacted.

Computerworld Buyer's Guide - Vendors Matched to this Article

Comments

Post new comment

Login or register to link comments to your user profile, or you may also post a comment without being logged in.
The content of this field is kept private and will not be shown publicly.
Enter the fully qualified URL, eg. http://www.example.com/
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.

More information about formatting options

Add to Google
Computerworld Buyer's Guide - Vendors Matched to this Article
Zones
Zone logoZones provide focussed content from Computerworld and leading technology partners.
Newsletter Subscription
Newsletter Subscription
Sign up for our Computerworld newsletters!
Syndicate content
 

Computerworld Webinar

Thursday, June 11th, 2009
10:30am EST (Sydney, Australia)
Screening at your PC

Computerworld is hosting a 30 minute live webinar to help you to learn how unified communications can save you money, foster innovation and business agility by making it easier for people to find, reach and collaborate with one another.

Register Now

Computerworld Community Comments
Whitepaper

State of Internet Security

Spyware, viruses and other malware transported via Web sites represent the most serious data threat to companies today. Read on find out how you can appropriately leverage technology and appropriate business technologies to protect your business.

Enterprise IT Buyer's Guide
Find Technology Vendors Fast
 
Find vendors by name | Find by category
Sponsored Links
 
Send Us E-mail | Privacy Policy
Features List | Media Kit | Advertising | Contact Us

Copyright 2009 IDG Communications. ABN 14 001 592 650. All rights reserved.
Reproduction in whole or in part in any form or medium without express written permission of IDG Communications is prohibited.