Two Swiss pilots are attempting to change the future of flying in a plane powered by the Sun… Full story

Would it crash over the UK????

Make sure you keep your personal documents protected, MyOnlineSafe encrypts all of your sensitive data and has a guaranteed 100% uptime!

Travellers arriving at U.S. borders may soon be confronted with their laptops, PDAs, and other digital devices being searched, copied and even held by customs agents — all without need to show suspicion for cause.

Travellers arriving at U.S. borders may soon be confronted with their laptops, PDAs, and other digital devices being searched, copied and even held by customs agents — all without need to show suspicion for cause.

Notices are being proposed by the Privacy Office at the U.S. Department of Homeland Security (DHS), which last week released a report approving the suspicion-less searches of electronic devices at U.S. borders.

The 51-page Privacy Impact Assessment also supported the right of U.S. Immigration and Customs Enforcement agents to copy, download, retain or seize any content from these devices, or the devices themselves, without assigning any specific reason for doing so.

Also, while in many cases searches would be done with the knowledge of the traveller in some situations, the report says, “it is not practicable for law enforcement reasons to inform the traveller that his electronic device has been searched.”

In arriving at the assessment, the Privacy Office argued that such searches of electronic devices were really no different from searches of briefcases and backpacks. They are needed to interdict and investigate violations of federal law at U.S. borders and have been supported by courts in the past, the assessment said.

That conclusion is sure to rile privacy and civil rights advocates, who have been vehemently protesting such border searches for about two years. They have argued that searches of electronic devices without any reasonable cause are very different from similar searches of backpacks and other items by customs agents, because unlike with briefcases and packs, electronic devices are capable of storing far more data, including personal and business data some that could be highly personal or protected.

The Association of Corporate Travel Executives and other groups have warned of potential security breaches when corporate data contained in a laptop or PDA is downloaded by a customs agent as part of a border search. Similar concerns have been raised about data involving client and lawyer privileges, intellectual property, and other sensitive information.

Last week, the American Civil Liberties Union filed a lawsuit against the DHS after an attempt to get information on such searches from the DHS had failed to elicit a response from the agency. In it, the ACLU asked DHS to disclose details on the criteria it uses for selecting passengers for such searches, and the number of such searches it has carried out so far.

The ACLU suit also sought information on the number of devices and documents that have been retained by the DHS following such searches and the reasons for their retention. A similar suit was filed last year by the Electronic Frontier Foundation and the Asian Law Caucus.

In its analysis, the Privacy Office noted some of the privacy concerns that have been expressed over its border searches. The report conceded that a person who would not mind a briefcase being inspected by a customs agent might feel that a laptop search “increases the possibility of privacy risks due to the vast amount of information potentially available on electronic devices.”

Nevertheless, making such devices exempt from customs inspection would create a dangerous loophole” for those seeking to break the law, the report said.

A traveller’s claim of privilege or statement that something is personal or business-related “Does not preclude the search,” the report said. It pointed to a process that needs to be followed when customs and immigration agents conducted such searches and the notice that needs to be provided to travellers whose devices may be retained or seized.

The report also highlighted the measures currently in place for sharing data with other federal agencies, and ensuring that any data that is copied and retained is properly protected — including via encryption where needed and “storing in locked containers.” It mentions a process for destroying any data that is not needed within a maximum of 21 days from when it was collected.

Lillie Coney, associated director with the Electronic Privacy Information Center (EPIC), said that the Privacy Office’s support for “very general, non-specific” searches of electronic devices was troubling. “They are every vague on intent, or any rational cause why people might be pulled [for such searches],” she said.

“They don’t talk about data retention or about restricting access to the purpose for which the information is collected.” She also said such searches within U.S. borders would be considered unconstitutional and in violation of privacy rights.

What the DHS is saying is, “because you happen to go through a border your citizenship rights magically disappear into a state where it doesn’t exist,” Coney said. “That’s a big problem.”

READER FEEDBACK

1. AnonymousTue,2009-09-0117:02

DHS cannot protect their own data networks from intrusion and fraudulent use, so how are we supposed to trust them with any data or devices that may be seized?

Also, wouldn’t it make more sense to inspect a “device” leaving the country instead of entering, not that they warrant any more or less reason for a search as devices arriving…

2. AnonymousFri,2009-09-0414:59

While I find this disturbing, I do however one day see this issue going before the Supreme Court who will then make the ultimate decision. Most likely it will be ruled unconstitutional and a violation of the 4th Amendment – which states,

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

A clear thing to remember here: once someone is on U.S. Soil they are afforded the full protection of the U.S. Constitution and its amendments.

[SIC: there is still some confusion as to whose jurisdiction a traveller is under when he/she lands, but is still airside of CIQ. The rules have changed since 9/11; for example, it appears that travellers on US registered aircraft inbound to the USA, may be under US jurisdiction as soon as the aircraft doors close. The concept that air-side spaces in international airports are under international jurisdiction may no longer be valid as a general rule.]

If your passport is lost or stolen abroad

You should report the loss or theft of your UK passport to the local police and get a police report as soon as possible.

You must then inform the nearest British embassy, consulate or high commission and apply for a replacement passport. To do this, you need to:

• complete the lost or theft of the passport notification form LS01  More…
• complete the correct passport application form and provide the required documents, including 2 identical passport photographs that meet the required standards
  
• take both forms, along with the police report, to our local offices.

Remember that you will need to pay the correct fee for your passport. There may also be a call out fee for issuing a temporary or emergency passport outside of office hours.