In addition to traditional physical searches of your person and belongings, the US Customs and Border Patrol claims the right to search and seize any data that you are traveling with. The contents of your electronic devices (phone, laptop, etc) are all subject to review, seizure, and/or copying by the US government as you cross the border. Being a US citizen does not grant you any additional rights or protection. And apparently the government is not subject to laws prohibiting theft of confidential data, violation of copyright or DRM mechanisms, or unauthorized access to computing resources when the data is crossing the border. Which shouldn’t surprise me, I guess.
Their latest article suggests that “it’s important to note that for more than 200 years, the federal government has been granted the authority to prevent dangerous people and things from entering the United States.” I’m not sure that information qualifies as either a dangerous person or a dangerous thing, and I don’t think it should. This policy defies the reasonable expectations of US citizens and is contrary to the fundamental principles of a free society.
Yes, I realize the issue is more complicated, that it’s not black-or-white. That’s my point. The US government should respect that today’s electronic environment, tools, and uses do not clearly fit into the scope of their traditional mission. They should not default to fascist behavior but should instead default to respectful behavior toward the people they’re in place to serve. Expanded powers in response a changing environment should be achieved through public discourse and legislation.
Whether or not you agree with my view of the details, please take a look at the following campaigns:
- Electronic Frontier Foundation action site: https://secure.eff.org/site/Advocacy?alertId=373&pg=makeACall
- “Hands Off My Laptop,” from Center for American Progress Action Fund: http://www2.americanprogress.org/t/288/campaign.jsp?campaign_KEY=6239
