ACTE Travel Advisory
31 October 2006
Traveling Abroad with Laptop Computers and Other Electronic Media: What You Need to Know
-- ACTE is advising anyone entering the U.S. from abroad (both U.S. and non-U.S. passport holders) that U.S. customs agents may seize and search laptop computers and other electronic media.
While we understand that customs does not routinely seize a laptop, we nevertheless wanted to share with you the following suggestions in case your laptop or those of your corporate travelers is seized. We also recommend that you go to the U.S. Customs and Border Patrol website for information regarding this issue. (http://www.cbp.gov/xp/cgov/travel/admissability/authority_to_search.xm l). We will continue to provide you with updates as we receive information from the U.S. and Border Customs.
It is our understanding that in a typical search, agents seize a laptop computer and inform the owner that the laptop will be returned by mail at a later date. Within a few days, agents create a “mirror image” of the laptop’s hard drive, copying every document, photograph, email, and other file on the computer. Agents then may perform forensic searches of the files and may store the copied files indefinitely. Usually, the government mails the laptop back to its owner within a week or two. As reported to ACTE, some travelers report that their laptops have never been returned. These searches affect all travelers regardless of nationality and government agents do not need any suspicion of criminal activity before performing the searches.
Helpful Hints if your Laptop is selected for Search
1. Cooperate, but make sure that if Customs Agents want to take your laptop that you put in writing (right then and there) that you are worried about your proprietary business information. If customs agents confiscate your computer, you should be cooperative and respectful. These seizures are legal, and customs agents are just doing their jobs.
However, if an agent asks you if they may search the contents of your computer, you should inform them that you are worried about your proprietary business data and ask to put your concerns in writing. If that is not possible please let the customs officer know orally that you are worried about your data. Although the agents may still take your computer and perform the search, you will retain more legal rights if you register your concern.
2. Ask for a receipt, and get as much information as possible. Customs agents usually provide receipts for computers they confiscate - make sure you get one. It is also a good idea to get as much information as possible about whom to contact if you do not receive the computer back, if your computer is damaged, etc.
3. Don’t carry your only copy of data on your laptop. When Customs agents seizes a computer, it usually takes a week or longer for the computer to be returned. If your computer contains information (documents, presentations, contact information, etc.) that you would need in the meantime, make sure you can have these materials replaced in case your computer is taken.
4. Make informed choices about what you bring on your international trip. To date, U.S. Customs has not responded to Ace's requests for information about how government agents protect and dispose of information collected in these searches. Of course, many international travelers carry proprietary business data or other private information on their laptop computers. You should be aware that the U.S. government legally may obtain all the information on your laptop when you enter or leave the U.S., and you should take precautions accordingly.
Legal information:
A federal court in Los Angeles recently ruled that these laptop searches violate the Constitution. Other federal courts, however, have allowed these searches, and customs agents likely will continue this practice until the federal courts or Congress resolve the issue with finality. A clear resolution is unlikely to come soon, so for the foreseeable future, international travelers could have their laptops, computer discs, and other electronic media searched and seized at the border.
The U.S. Customs and Border Patrol Website
For additional information go to the US Customs and Border controls service
http://www.cbp.gov/xp/cgov/travel/admissibility/authority_to_search.xml