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RVing out of country? Your laptop may be seized at the border when you come home
Russ and Tina DeMaris

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Washington, DC -- Traveler beware: Those embarrassing pictures of Aunt Matilda dancing by the pool in Mazatlan may be seen by more than just you and the family. Those bank account statements you downloaded to balance the checkbook? They could be an 'open book' to customs agents.

While it's not a new policy, the ability of US Customs agents to seize and inspect the contents of your laptop--or other electronic devices--has made a big splash in the legal pond of late. Take the case of an American journalist, Bill Hogan, on his return from Germany via Dulles International Airport. In a story carried by the Los Angeles Times, Hogan had a big surprise at a secondary baggage inspection: U.S. Customs and Border Protection agents said he had been chosen for "random inspection of electronic media," and kept his computer for about two weeks

Hogan said he felt violated. Some in Congress feel the same way, where legislation is currently under consideration that would restrict Customs' officials in their searches. Under current law, officials may seize and inspect any electronic media without any cause, no warrant required.

Homeland Security officials say it's just a part of necessary business. "For more than 200 years, the federal government has been granted the authority to prevent dangerous people and things from entering the United States," says an official agency Internet news release. "Our security measures at the border are rooted in this fundamental fact, and our ability to achieve our border mission would be hampered if we did not apply the same search authorities to electronic media that we have long-applied to physical objects--including documents, photographs, film and other graphic material. Indeed, there are numerous laws that apply to such material at the border including laws regarding intellectual property rights, technical data that can be imported or exported only under state department license and child pornography."

The latter is what pushed the whole issue into the press. Back in 2005 a traveler passing through Los Angeles International Airport brought a laptop with pornography. Customs officials seized the machine and found the porn. The defendant's attorneys argued that the seizure of the laptop was illegal, but a US Circuit Court of Appeals ruled the government had acted lawfully.

So what's to be done? If you're concerned about the safety of your hard drive's contents, you may have few options. In a story carried on a National Public Radio affiliate station, one "high tech" expert advised travelers passing through international border scrutiny do what Boeing employees do. The aviation giant only sends employees out of the country with "scrubbed" computers--no data files allowed. Once at their destination, the employees use secure Internet access to download what files they need while abroad, then use a "secure erase" program to thoroughly wipe off the drive before they come back to the US.

Of course, you'll need to make backups of your data before you leave home. Experts recommend at least two copies, stored in separate locations while you're away. What about those things you'd just as soon not be scrutinized? Upload them to a secure Internet file storage provider, and download them when you get back. 

Photo: ChrisDag on flickr.com



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