[ColdDayInHell]

The 3-0 decision is likely to extend to cell phones and other personal electronic devices.


By K.C. Jones
InformationWeek
April 23, 2008

U.S. border agents can search traveler's laptops without suspicion, according to a recent court ruling.

The Ninth U.S. Circuit Court of Appeals ruled this week that computers are like luggage and therefore subject to searches at national borders and airports. The 3-0 decision is likely to extend to cell phones and other personal electronic devices. It overturns a previous ruling that sided with a defendant's arguments that laptop searches to constitute intrusions of the mind.

Timothy Arnold, a 43-year-old teacher from California, challenged the federal government's right to search laptops after border agents searched his computer nearly three years ago, reported finding child pornography, and arrested him on his way back from the Philippines.

The U.S. District Court for the Central District of California ruled that agents must have reasonable suspicion to search electronic devices and said they did not meet that threshold in Arnold's case. The government appealed to the Ninth Circuit Court.

Federal laws allow border agents to search diaries and other personal material without cause. The U.S. Department of Justice claims that laptops are no different than other containers and agents must be able to search them in order to prevent crime and protect national security.

The Association of Corporate Travel Executives disagrees. It filed an amicus brief siding with Arnold and pointing out that laptops contain personal information, which could be systematically collected, stored, and searched without justification or oversight. Laptops can also be confiscated and held indefinitely.

The ACTE has warned its members to be cautious about carrying proprietary information across U.S. borders because searches could compromise corporate privacy.

Arnold's lawyer plans to appeal the latest decision.

Source/Source

[Beyonce Welch]

Fascism comes to America !

[aney]

that is awful... someone going through your stuff for no reason! What happened to privacy? I'm glad I don't live in america!

[S. Lisa Smith]

If the Supreme Court grants an appeal, I'd be amazed that this ruling stands...but you never know.

Originally Posted by aney

that is awful... someone going through your stuff for no reason! What happened to privacy? I'm glad I don't live in america!

That's only when you cross the border coming in. Within the US, it would never be allowed.

[beaglette]

My husband used to be in the border patrol and, not to be stereotypical but, lots of those guys in there have huge big egos and are bullyish (as I find many in law enforcement do/are- my opinion of course). The last thing we need is a law to allow them to do whatever they want with our stuff, whenever they want, with no cause whatsoever.

This honks my horn. I have nothing to hide on my laptop or anywhere else for that matter but, I should be able to have *some* form of privacy.

Welcome to America . . . the home of the brave and the land of the free (well, if you don't count this and a bunch of other stuff!)

Warmly,

Brandi

[KatJ]

I'm honestly not sure where I stand on this issue. I believe that some things are private, and should be left alone.... But then again, there could be information on the laptops that could potentially save lives when discovered....

I hate not knowing where I stand on an issue.

[Adrienne]

Originally Posted by S. Lisa Smith

If the Supreme Court grants an appeal, I'd be amazed that this ruling stands...but you never know.

That's only when you cross the border coming in. Within the US, it would never be allowed.

Thats good to hear.