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. |