Legislation designed to end unnecessary searches of laptops

Washington, D.C.--Congressman Eliot Engel (D-NY) was encouraged to see the House Border, Maritime and Global Counterterrorism Subcommittee of the House Homeland Security Committee, pass H.R. 1726, the Border Security Search Accountability Act of 2009. Rep. Engel is the lead co-sponsor of the legislation with Rep. Loretta Sanchez (D-CA), who is the chairperson of the Border Security subcommittee. The legislation protects travelers, entering the United States, by only permitting searches of their data and digital equipment if a border agent has a reasonable suspicion to believe the traveler is or is about to be engaged in criminal activity.

The Border Security Search Accountability Act of 2009 requires the Department of Homeland Security to establish a rule limiting how long it can retain electronic devices and information collected from them and requires officers receive training, conduct searches in the presence of their supervisors and issue receipts for confiscated electronics. There must also be a posting near search points informing people of their rights regarding the searches. The bill now proceeds to a vote in the full House Homeland Security Committee.

Last summer, following reports of international travelers being subjected to random searches at customs stations, Rep. Engel condemned the policy of border patrol agents confiscating and conducting unreasonable searches of laptops and introduced legislation to curb the practice. “It is absolutely unacceptable that a border agent would require travelers coming into this country to provide access to sensitive, personal data without cause,” said Rep. Engel. “I believe that while we are securing our country from terrorists we can and must maintain our Fourth Amendment rights of protection against unreasonable searches and seizures.”

In an August 1, 2008 front page story, the Washington Post exposed the ease with which the government can search and/or seize a traveler’s laptop, blackberry, or other electronic device. A border agent can require any individual to provide access to private or other sensitive data without cause. They can also require you to surrender your password for encrypted data. If the traveler refuses, the laptop can be confiscated or the traveler can be refused entry into the country.

Rep. Engel said, “Our laptops are packed with our personal and confidential information which no one would want to have viewed by others. Some travelers, such as doctors and lawyers, may have sensitive information about their patients and clients on their laptop as well. Some travelers have decades of pictures and family memories stored on it. To have it be taken away without cause is completely unacceptable.”

This legislation would have no effect on the ability of law enforcement to search other items the traveler is carrying. A reasonable suspicion standard for searching laptops and other electronic devices will protect travelers without hampering law enforcement.

Rep. Engel added, “The United States is not a police state. We must have security, but we must remember that there is also a right to privacy, and certain lines must not be crossed. I thank Rep. Sanchez for working with me to address this problem and I remain hopeful we will have legislation pass the full House and Senate and be delivered to President Obama for his signature.”

Rep. Engel had previously authored the Securing our Borders and our Data Act of 2009 (H.R. 239) which covers the same topics as this legislation.