border=1 hspace=3 alt="Policy Sensitive Information" vspace=3 align=right
src="http://www.itproductivity.org/images/sensitive.gif" width=85
longDesc="Policy Sensitive Information" height=110>
face=Calibri>Travelers arriving at U.S. borders may soon be confronted with
their laptops, PDAs, and other digital devices being searched, copied and even
held by customs agents — all without need to show suspicion for
cause.


face=Calibri>Notices are being proposed by the Privacy Office at the U.S.
Department of Homeland Security (DHS), which last week released a report
approving the suspicion less searches of electronic devices at U.S. borders.


face=Calibri>The 51-page face=Calibri>Privacy Impact Assessment also
supported the right of U.S. Immigration and Customs Enforcement agents to copy,
download, retain or seize any content from these devices, or the devices
themselves, without assigning any specific reason for doing so. style="mso-spacerun: yes"> 
It states on the cover
page:


style="FONT-SIZE: 10pt"> style="FONT-SIZE: 10pt"> border=0 alt="Security Manual Template - Sarbanes-Oxley" vspace=3 align=right
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longDesc="Security Manual Template - Sarbanes-Oxley">
size=1 face=Calibri>“With changes in technology over the last several decades,
the ability to easily and economically carry vast amounts of information in
electronic form has risen dramatically. The advent of compact, large capacity,
and inexpensive electronic devices, such as laptop computers, thumb drives,
compact disks (CD), digital versatile disks (DVD), cell phones, subscriber
identity module (SIM) cards, digital cameras, and other devices capable of
storing electronic information (hereinafter “electronic devices”) has enabled
the transportation of large volumes of information, some of which is highly
personal in nature. When these devices are carried by a traveler crossing the
U.S. border, these and all other belongings are subject to search by the U.S.
Department of Homeland Security (DHS) to ensure the enforcement at the border of
immigration, customs, and other federal laws. In particular, U.S. Customs and
Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) may
conduct border searches of such electronic devices as part of CBP’s mission to
interdict and ICE’s mission to investigate violations of federal law at and
related to the Nation’s borders. CBP Officers and ICE Special Agents conduct
border searches of electronic devices to determine whether a violation of U.S.
law has occurred.”


face=Calibri>Also, while in many cases searches would be done with the knowledge
of the traveler in some situations, the report says, “it is not practicable for
law enforcement reasons to inform the traveler that his electronic device has
been searched.”


face=Calibri>In arriving at the assessment, the Privacy Office argued that such
searches of electronic devices were no different from searches of briefcases and
backpacks. They are needed to interdict and investigate violations of federal
law at U.S. borders and have been supported by courts in the past, the
assessment said.


 

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