New Bill To Rein in DHS Laptop Seizures

Slashdot writes of a proposed new bill that would limit the searches of laptops or other electronic devices to cases where customs agents have reasonable suspicion of illegal activity. In addition, the legislation would limit the length of time a device could be removed from its owner's possession, after which the search becomes a seizure, requiring probable cause.

The Travelers Privacy Protection Act, written by U.S. Senators Russ Feingold, D-Wis., and Maria Cantwell, D-Wash., and Representative Adam Smith, D-Wash., was introduced in response to a Department of Homeland Security policy, released on July 16th that allows customs agents to detain laptops for an indefinite period of time to "review and analyze" their contents, "absent individualized suspicion". That policy was released after reports emerged of U.S. customs agents requiring American citizens and legal residents to turn over their laptops or cell phones and wait for hours while the devices were searched. In some cases, the contents of the devices were copied. In other cases, the devices were confiscated and returned weeks or even months later with no explanation.

“Most Americans would be shocked to learn that upon their return to the U.S. from traveling abroad, the government could demand the password to their laptop, hold it for as long as it wants, pore over their documents, emails, and photographs, and examine which websites they visited – all without any suggestion of wrong-doing,” Feingold said. "Focusing our limited law enforcement resources on law-abiding Americans who present no basis for suspicion does not make us any safer and is a gross violation of privacy. This bill will bring the government’s practices at the border back in line with the reasonable expectations of law-abiding Americans.”

See more at Security Focus.