Homeland Security Can Seize Laptops?

This story has me so curious, I felt compelled to write a second blog post this week...

Kevin Mitnick was detained for four hours and his laptops seized by customs agents as he re-entered the United States. For those unfamiliar with Mitnick, he is a computer security consultant who was one of the world's most notorious hackers in the late 20th century.

After a trip to Bogota to give a speech to the newspaper El Tiempo and visit his girlfriend, Mitnick flew into Atlanta to moderate a panel at a security conference sponsored by the American Society for Industrial Security (ASIS). As he went through customs, he was asked to go downstairs for questioning and to have his luggage inspected.

Meanwhile, ASIS organizers were concerned Mitnick had not arrived for his ride from the airport and called the director of security at the airport to help clear things up. Also, a member of the same panel Mitnick was scheduled to moderate works for the FBI and was able to verify his story. After a few more questions by customs agents, he was released.

"They can detain you for four hours, inspect everything, and put you through the third degree for no reason. It's really a police state," Mitnick said. "I travel in foreign countries that have even more stringent rules, and I never have problems." (Source)

All this comes shortly after the U.S. Department of Homeland Security implemented a new policy giving custom officials the right to seize laptops and other electronic devices taken across the border. They claim that searching electronic information is useful to detect terrorists (no surprise there), drug smugglers, and people violating copyright and trademark laws. You can read the policies for yourself here and here.

This new policy raises many ethical questions. Am I to understand correctly that now Homeland Security is fighting illegally downloaded music? Moreover, I'm so tired of government agencies attaching the word "terrorist" to something and suddenly it's supposed to be ok for us to give up more of our rights. Do they seriously think terrorists are dumb enough to bring sensitive information into our country via laptops? This is as ridiculous as the questions airline agents ask you when checking your luggage.

Fortunately, legislation has been introduced to restrict Homeland Security in their power trip. The Travelers Privacy Protection Act would require reasonable suspicion of illegal activity before searching electronic devices carried by U.S. residents. The Department of Homeland Security would also be required to provide probable cause and a warrant or court order to hold such a device for more than 24 hours. The bill also limits what information acquired through electronic searches Homeland Security can disclose, and it requires the department to report its border searches to Congress. (Source)

I have no problem with customs agents inspecting bags for contraband, but seizing laptops and other electronic devices is invasive and excessive and should only be done when there is good reason. Kevin Mitnick may have been red-flagged because of his controversial past, but this case is one of the first in which Homeland Security has flexed its muscle, and it will only get worse from here if legislation isn't passed to restrict unnecessary searches and seizures with no probable cause. In fact, we should not have to wait for legislation to be passed since The Fourth Amendment to the United States Constitution guards against unreasonable searches and seizures.

So, what can we do for now? When traveling abroad, I suggest using encryption on any personal information on your laptop and electronic devices and completely powering down your computer when going through customs. Know your rights and protect yourself!

UPDATE: Poll Results 10/1/08 - 10/8/08

Should U.S. Homeland Security have
the right to seize electronic devices?
00% Absolutely
00% No way man
100% With probably cause
00% Undecided