Bipartisan bill designed to end unnecessary searches of laptops

Washington, D.C.-- Congressman Eliot Engel (D-NY) has re-introduced the Securing our Borders and our Data Act of 2009 (H.R. 239) – a bipartisan bill to ensure that a traveler entering the United States will be subject to searches of their data and digital equipment only if a border agent has a reasonable suspicion to believe the traveler is or is about to be engaged in criminal activity.

Last summer, following reports of international travelers being subjected to random searches at customs stations, Congressman Eliot Engel condemned the policy of border patrol agents confiscating and conducting unreasonable searches of laptops to search for illicit material. Rep. Engel was joined by Congressman Ron Paul (R-TX) in crafting legislation to stop this 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 Congressman 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, “Imagine a border agent digging through a doctor’s laptop with patients’ medical histories, or the blackberry of a lawyer with confidential information on clients. This is private, sensitive information that not a single person in this country would want to see exposed. Laptops are packed with our personal and confidential information. Some have decades of pictures and family memories stored on it. To have it be taken away on a whim 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 the ability of law enforcement to protect our Nation.

Rep. Engel added, “The United States is not a police state and we must differentiate between unreasonable practices and valid security measures. We must have security, but we must remember that there is such a thing as privacy and that certain lines must not be crossed.”