Re-Entering the USA. Should you be Scared?
by Ricardo
I’m about to return to the States after nearly a year nu nomading in Asia.
I bounce back to my home country for a month or two every year in the summer and it’s a nerve wracking endeavor each time. Never mind the 17 hours of flight time it takes to go from Southeast Asia (where I am now) to Los Angeles, or having to rent a car, acquire insurance and pay for gas. My greatest trepidation is clearing U.S. Customs and Border Protection (CBP). No, I’m not a smuggler or terrorist. I’m just another mild-mannered traveler.
What has my chonies in a twist is having just read an article in the June 2008 issue of Laptop Magazine “Digital Search and Seizure.” What this article states, supported by countless news articles, web pages and blogs on this timely subject, is that the CBP (which is part of Homeland
Security) has the right to search not only your person and luggage, but your electronic devices at will—without cause or explanation. They have the authority to copy all of your data and passwords from your mobile phone and MP3 player to notebook computer. And if they desire to, they may confiscate your devices for further inspection. Already there are many people whose notebooks have remained in custody for a year or indefinitely. Yikes!
In case you are wondering about any Fourth Amendment protection, forget it. That’s only for those who clear Customs—and even then the Patriot Act has all sorts of ways of circumventing your rights to privacy once you’re happily on your way to Iowa for a symposium on bible studies.
Until then, you’re in no-mans-land and should the border authorities feel fit to bundle you off to Guantanamo Bay while they dissect your data under the Patriot Act, there is not much you’ll be able to do about it.
Is it likely to happen? No. Only about 1% (according to an informal survey by the Association of Corporate Travel Executives) had their data copied or seized. Statistically, you’re safe.
So what is the CBP looking for? Good question. Having gone through the CBP website (www.CBP.gov) what the agents appear to be looking for are subversive documents and the usual contraband: drugs, child pornography, plants and animals. But according to other credible sources, they’re also seeking out your unlicensed media. You know, like that shared file you have of Abba’s Greatest Hits within your “My Favorite Karaoke” folder.
As stated above, I’m not a smuggler, a terrorist nor even a person of any religious affiliation. I’m like 99% of the travelers who MAY have a shared media file somewhere in my computer that may not have a purchase receipt. According to the Electronic Frontier Foundation (www.eff.org) more and more people are being singled out for prosecution for unauthorized file sharing. This could be something as benign as having a shared audio file in your iPod or an unauthorized copy of an Adobe product in your laptop.
What to do? Be aware is the first thing. Clear out anything that might be construed as subversive or even unauthorized. (I know I’m deleting this article from my computer after I post it.) Renaming files is usually a good practice. Got a file labeled “My Secret Nude Pictures of Osama Bin Laden”, you might want to change it to “My Favorite American flags.” UpgradeTravelBetter.com
has a blog on this topic which you might find helpful. Clear out the pirated stuff. Also, be sure to back up your computer and forward a copy by mail to your home address.
For more information on electronic privacy issues, check out www.EFF.org, www.ACLU.org and check out CNN’s article No Privacy for Laptops.
