Press Release

For Immediate Release
12 June 2008

ACTE AND EFF SEEK REVERSAL OF LAPTOP SEIZURE DECISION IN SECOND AMICUS BRIEF

Alexandria, Va. -- The Association of Corporate Travel Executives (ACTE) and the Electronic Frontier Foundation (EFF) have filed an amicus brief with the 9th United States Circuit Court of Appeals seeking to rehear and reverse a flawed decision allowing random and invasive searches of travellers’ computers (and other electronic devices) at U.S. borders. A previous ruling by the U.S. Supreme court gives U.S. Customs & Border Protection Service officials blanket authority to inspect all electronic devices, examine the contents, copy them, or seize the unit as they see fit. Suspicion of a crime need not be a factor in the decision.

“ACTE has been fighting this issue for the past 18 months,” said the association’s Executive Director Susan Gurley. “Our position is straightforward. Computers and other electronic devices are an extension of an individual’s thoughts and expressions. They should not be regarded as luggage or briefcases.” Gurley added that suspicionless laptop searches and data seizures violate the Fourth Amendment.

The amicus brief jointly filed with the Electronic Frontier Foundation is the second such effort for the two organizations. On 19 June 2007, a previous brief was filed on behalf of all travellers who would be subject to these searches and seizures crossing U.S. borders. ACTE’s involvement was precipitated by two members who had laptops seized, one of which was known to remain confiscated for more than a year. Though the court ruled in favor of the government, ACTE succeeded in bringing the laptop seizure issue to world attention. The story continues to be widely covered in global financial dailies, trade publications, and the electronic media.

This second amicus brief may get a better reception as Congress has taken an intererst in the issue. The Senate Committee on the Judiciary has scheduled a hearing before the Subcommittee on the Constitution regarding “Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel” for Wednesday, 25 June 2008. Gurley has been called upon to testify on behalf of the business travel industry.

ACTE’s concerns go far beyond the constitutionality question. Gurley has repeatedly expressed concerns for the manner in which both proprietary and personal information is stored by the government after it is seized, who has access to the data, the length of time it can it be stored, and the manner in which it is disposed.

“There are serious implications here for travellers who are carrying trade secrets, reporters with sources listed in their computers, and individuals who may lose access to critical data for which there may be no copies,” said Gurley. “There is also a question of economics. Some companies would be compelled to change business plans if they thought their strategies had been compromised by a laptop seizure. The age of electronic data is creating new circumstances for which greater consideration must be made.”

"If the framers understood how much personal, private information is on today's laptops and BlackBerries, they'd be horrified to learn that the government can arbitrarily search our computers, copy our data, and even confiscate them without any reason – just because we're crossing the border,” said EFF Senior Staff Attorney Lee Tien. “The courts must recognize a reasonable standard for these laptop seizures that protects Americans' privacy.”

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.  

ABOUT EFF:
The Electronic Frontier Foundation (EFF) is an international non-profit advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving free speech rights such as those protected by the First Amendment to the United States Constitution in the context of today's digital age. Its stated main goal is to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties. The EFF is supported by donations and is based in San Francisco, California, with staff members in Toronto, Washington, D.C., and Brussels, the seat of the European Union. They are also accredited observers at the World Intellectual Property Organization. For more information, please go to www.eff.org.

#  #  #

For more information, contact:
Jack Riepe
ACTE U.S. Communications Director
t: 610-719-8396
c: 610-256-0124

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