Civil Liberties Groups Sue Over Electronics Searches
Jaikumar Vijayan, Computerworld
Two civil liberties groups have 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 U.S. 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 U.S. 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 U.S. at various ports of entry.
The Major Players
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.
Specific Complaints
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 U.S. 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 U.S.
- Page 1 of 2
- Next ยป
With HP wireless printers, you could have printed this from any room in the house. Live wirelessly. Print wirelessly.
Laptop Showcase
PCW Download Guide
Tags at a Glance
Related Security Articles
- Vendors, Cops, Profs Team to Study Cybercrime Tech vendors and the Secret Service are among those working with an evaluation of trends and best practices for security.
- Microsoft Readies Flood of Patches The 11 patches include 4 critical fixes, plus updates to Windows, Office, and IE.
- Mafiaboy Grows Up; a Hacker Seeks Redemption Eight years later, the infamous teen hacker wants to move from his history of downing sites to using his skills for good.
- Google in Curious Alliance With Click-fraud Detection Firm Google has agreed to cooperate with its longtime adversary Click Forensics on click-fraud reports.
- PCI App Security: Who's Guarding the Data Bank? Compliance strategies for PCI's new application security requirements.
Best Prices on Security Software
Norton Internet Security 2008Price: $13.98
Internet Security 2008 - 3-User (Full Product, PC)Price: $11.49
Norton Internet Security 2009Price: $25.49
Norton 360 2.0 ( PC)Price: $44.99
Kaspersky Internet Security 2009Price: $25.95
Internet Security Suite 2008 - 3-UserPrice: $14.95
- Web Demo: Discover the Benefits of VoIP Is your company looking for a world class VoIP communications solution that will meet all of your business requirements? If so, join us for our Live Online Demo where you will receive a "guided tour" to the AltiGen Solution.
- PC World Webcast: Going Green Wondering how to make your business greener? These tips will help your business save money, and save the environment.
- A Windows Vista FAQ Corporate customers are deploying Windows Vista now, and Dell Services wants to help you understand the features of the new OS and how to plan your Windows Vista deployment.




"Civil Liberties Groups Sue Over Electronics Searches" Comments