Column from U.S. Senator Russ Feingold
Checks of laptops can impact business travelers

Milwaukee Business Journal
August 8, 2008

If you asked Americans whether the government has the right to look through their luggage for weapons, drugs or other dangerous items when they are returning from an overseas trip, most would say, “Sure.”

But if you asked them whether the government should also be able to open their laptop computers, read their documents and e-mails, and examine which Web sites they’re visiting — all without any suspicion of wrongdoing — I’d be willing to bet most Americans would say, “No way, not in the United States.”

Unfortunately, that’s exactly what the government is doing. Claiming there is no difference between searching a suitcase and searching an electronic device, customs agents have been asking U.S. citizens to turn over their laptops and cell phones when they return from overseas travel.

Business travelers are among those most affected by these searches. At a hearing I chaired recently in the Senate Constitution Subcommittee, Susan Gurley, executive director of the Association of Corporate Travel Executives, testified that in today’s wireless world, a businessperson’s office no longer sits within four walls. It resides in that person’s PDA, cell phone and laptop. These devices may contain trade secrets, patent applications, contracts, attorney-client communications, and other sensitive business information.

More companies are now taking steps to protect this information from forced disclosure at the border, including purchasing separate laptops with scrubbed hard drives for overseas travel.

In the post-Sept. 11 world, it goes without question that the security of the American people is first and foremost. Customs agents have the right and responsibility to conduct even very intrusive searches of traveling Americans.

But suspicion-less searches of the contents of laptops or similar electronic devices go too far. Congress needs to prohibit this violation of privacy and needless drain on America’s business sector.



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