Press Release
For Immediate Release
31 January 2008
ACTE Survey Shows Threat of Laptop Seizure at U.S. Borders Still Unknown to International Business Travelers
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
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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For more information, contact:
Jack Riepe
ACTE U.S. Communications Director
t: 610-719-8396
c: 610-256-0124
e: [email protected]
For more information, contact:
Debbie Flynn
CEO
Brighter Group
The Pod, London's Vertical Gateway
Bridges Wharf, Battersea
London SW11 3BE England
T: 020 7326 9880
F: 020 7326 9890
E: [email protected]
W: www.brightergroup.com