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Mon, 04 Aug 2008 US border agents can seize iPods, iPhones, laptops

US agents can coniscate and keep your gadgets

Agam Shah

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Travelers beware: US agents now have the authority to seize and retain laptops indefinitely, according to a new policy detailed in documents issued by the US Department of Homeland Security.

As part of border search policy, government agents are now authorized to seize electronic devices and inspect documents in them, the document states. The electronic devices might include laptops, cell phones, portable music players or storage devices such as portable hard drives.

Agents with US Customs and Border Protection will also be allowed to translate and share documents with other government agencies.

The DHS document, issued 16 July, appears to state publicly a policy that has already existed. Laptops and electronic devices have been subject to search in the past, and travelers have reported not getting their devices back. The policy has drawn strong criticism from lawmakers and nonprofit groups, who charged that the searches were invasive and a violation of an individual's privacy rights. Computers contain a vast amount of private information about family, finances and health, which could be easily copied and stored in government databases, the Electronic Frontier Foundation has complained.

The policy document states that being able to examine documents and electronic devices is crucial for "detecting information concerning terrorism, narcotics smuggling ... contraband including child pornography, and ... other import or export control laws."

The new DHS policies allow customs agents to analyze the contents of laptops without any suspicion of wrongdoing, US Senator Russ Feingold said in a statement.

"The policies that have been disclosed are truly alarming," Feingold wrote.

The policy could blur the distinction between "search" and "seizure," which could also allow DHS officials to steal personal documents from laptops it has retained, Feingold wrote.

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Comments received


Glenn said on Mon, 04 Aug 2008

So much for the so called home of the free. America is a joke.

nads said on Mon, 04 Aug 2008

another reason not to travel there... not that I needed one while Bush is president.

Michael said on Mon, 04 Aug 2008

Glenn-Border Patrol does not simply take iPods etc. They need cause.
nads-That's okay, we don't want you here anyway.

Jim V said on Mon, 04 Aug 2008

Perhaps the US would like us to eventually xxxx in a cup, take our finger prints scan our retinas is it any wonder why the US is to be avoided like the plague

PJMG said on Mon, 04 Aug 2008

Michael, you're country is being destroyed from within - Wake up!

Jake said on Mon, 04 Aug 2008

I agree, America has gone to hell. Defend this fascist police state all you like, Michael, but wait until the talk shows are over. You wouldn't want to miss a second of America-über-alles right-wing propaganda.

Mark Hattersley said on Mon, 04 Aug 2008

Let's not let this descend into a "my country's better than yours" argument.

Incidentally. The Home Office has just confirmed to us that no such right exists in the UK and there is no plan to introduce this in the UK.

dave said on Mon, 04 Aug 2008

For the border patrol "probable cause" is you trying to cross into the US. The "probable cause' you are thinking of that is used once you are within the US is completely separate from this as a legal concept.

ian said on Mon, 04 Aug 2008

im an american, and i agree with everyone else, this isn't the land of the free, its the land of selling out to china.

Jim V: recent reports show more europeans are traveling to the US for some reason, notably the exchange rate!

BD said on Mon, 04 Aug 2008

I'm still irritated over all the over-4-ounce sunblock and shampoo the government has stolen from me over the past few years. This is a new low.

joeschmeaux said on Wed, 06 Aug 2008

Homeland security is a fascist euphemism for secret police. Don't vote for reps who voted for it. Throw the bush crime syndicate out in November. Indict them in December. Try them ASAP and send them to club fed forever. OBAMA '08!

USBP said on Thu, 04 Sep 2008

Please stop saying border patrol does all this. This is all title 19 stuff that Customs deals with at the ports of entry. Two different organizations. We just get all the guys going between the ports and I've never caught an illegal immigrant with a laptop or iphone. Now I'll sit back and wait for all the anti-border patrol comments. And by the way it's not probable cause at the port it's reasonable suspicion.

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