Press Release
For Immediate Release
4 August 2008
ACTE: DHS AND CBP GUIDELINES FOR LAPTOP SEIZURE PROCEDURES PARTIAL VICTORY FOR BUSINESS TRAVELER
Alexandria, Va. --
Alexandria, Va. (4 Aug. 2008) – The Association of Corporate Travel Executives (ACTE) has called the recent publication of guidelines regarding laptop inspections and seizures by U.S. Customs and Border Protection (CBP), a division of the U.S. Department of Homeland Security (DHS), a partial victory for the business traveler. According to the association’s Executive Director Susan Gurley, the guidelines – now found on the CBP website – are the first public desc
“This is first time that DHS has responded directly to critical questions regarding their laptop seizure policy. Prior to this, there was no accountability at all,” said Gurley. “Though the publication of these guidelines is a good first step, these recommendations to border inspectors raise as many questions as they answer.”
Gurley noted that, while appearing to set time limits on the inspection process, there are enough initial provisions in the guidelines to permit electronic devices or data to be seized for an immediate minimum of two weeks, to allow “assisting agencies” enough time to determine when they may be able to focus on the material. Hardware and data may then be kept indefinitely for subsequent seven-day periods.
Additional clauses in the guidelines indicate that any seized material could be shared with foreign government authorities who would likely not be bound by these guidelines nor any U.S. law. While the guidelines specify any seized data must be destroyed, there is no specified procedure for doing so, nor required process for confirmation.
“Then there is still the issue of how data is stored while CBP authorities and assisting agencies determine whether or not the information has a criminal application,” said Gurley. “The tone of the guidelines suggests they are written for the protection and consideration of the traveler, with an emphasis on expediting the inspection process. Yet the ‘expediency’ described in the guidelines can take months.”
Gurley testified before U.S. Senate Committee on the Judiciary (Subcommittee on the Constitution, Civil Rights and Property Rights) on June 25, 2008 in favor of stronger Congressional oversight over U.S. border inspection procedures. ACTE is also likely to endorse the Electronic Device Privacy Act of 2008.
ACTE’s executive director says the inherent weaknesses of the guidelines are summed up in DHS’ concluding paragraph, which reads, “This document is an internal policy statement of CBP and does not create any rights, privileges, or benefits for any person or party.”
“ACTE leadership thinks it time DHS and CBP take into account business travelers’ right to privacy,” said Gurley.
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 Africa, Asia-Pacific, Canada, Europe, Latin America, Middle East and the United States. For more information on ACTE, please go to www.acte.org.
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