Threat of Laptop Seizure at U.S. Borders Still Unknown to International Business Travelers
Source: ACTE, Association of Corporate Travel Executives
Feb 15, 2008 - 11:58:05 AM
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Alexandria, Va. -- A recent survey conducted by the Association of
Corporate Travel Executives has concluded that a huge segment of travel industry
directors, vice presidents, and managers – responsible for the international
transportation assets of companies in 52 countries – are unaware of a
longstanding U.S. policy that allows laptops and other electronic devices to be
searched and seized at border crossings. Sixty-two percent of respondents to a
recent poll indicated they were unaware that computers and other devices, such
as Blackberries, iPhones, iPods, flashdrives and cameras, can be examined,
searched, and seized – without warrant nor provocation – when crossing a U.S.
border.
“While the incidence of laptop seizure or the confiscation of
other electronic devices remains rather small when compared to the numbers of
business travelers entering the country, the implications for individuals who
fall into this category can be rather significant,” said Susan Gurley, ACTE
Global Executive Director.
Only four of 100 respondents stated they knew
of a traveler who had had a device or devices seized. One cited a laptop while
two others listed laptops and other electronic devices seized. The possibility
of laptop seizure applies to both US citizens and citizens from other
countries.
Fifty percent of the survey’s respondents indicated that
having a laptop or other electronic device seized at a U.S. border could
“significantly damage” a traveler’s professional standing within a corporation.
This is not surprising considering the most public cases of laptop seizure have
involved child pornographers. Yet the government is not required to state why a
laptop or other device has been seized. Further controversy has developed over
whether or not an individual is required to provide authorities with passwords
to open certain files. (Doing so may be regarded as waiving rights to require a
warrant, as some authorities maintain.)
Eighty-one percent of survey
respondents were unaware that laptops and other electronic devices that were
seized could be held indefinitely. During this time, the contents of the unit
can be copied and made available to any number of federal agencies. This has
severe implications for individuals who only have one laptop that serves as
their computer for work and as a device to manage their personal lives. The loss
of access to proprietary data or personal financial records can be devastating
on a number of levels.
Sixty-five percent of respondents stated that
their companies did have a policy restricting the amount of sensitive or
proprietary data that could be carried on a laptop. These policies are not the
result of seizure precautions, however, but were developed to prevent problems
resulting from the potential theft of the laptop. But 56 percent also stated
that their business travelers would be inclined to carry less personal
information on a laptop once advised they could be subject to seizure.
“ACTE is not advising its members to hide data from the US government or
border officials,” said Susan Gurley. “On the contrary, child pornographers
deserve everything they get. Our primary concern is to alert travelers that
their laptops and other electronic devices can be seized at a border without
explanation, provocation, or even likely cause. Thus informed, they can carry
the barest minimum of data thy can afford to lose on their laptops.”
ACTE
is interested in getting the procedure changed in which border officials would
have to have probable cause to seize a computer, or even search the contents.
The association filed an amicus brief last June stating a laptop constitutes an
extension of a person’s thoughts and personal ex
pression, and should
therefore be regarded differently than a piece of luggage.
ABOUT
ACTE:
The Association of Corporate Travel Executives (ACTE)
represents the global business travel industry through its international
advocacy efforts, executive level educational programs, and independent industry
research. ACTE's membership consists of senior travel industry executives from
82 countries representing the €200 billion business travel industry. With the
support of sponsors from every major segment of the business travel industry,
ACTE develops and delivers educational programs in key business centers
throughout the world. ACTE has offices in Asia, Canada, Europe, Latin America,
South Africa, and the United States. For more information on ACTE, please go to
www.acte.org.
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