Airport threat to your laptop

Airport threat to your laptop: U.S. also gets power to seize iPods and mobiles in new anti-terror measure

Travellers to the U.S. could have their laptops and other electronic devices seized at the airport under new anti-terror measures.

Federal agents have been granted powers to take such devices and hold them as long as they like.

The Department of Homeland Security said the policies applied to anyone entering the country by land, sea or air, including U.S. citizens.

The extent of the new powers, which have been secretly in place for some time, was revealed yesterday in the Washington Post.

They cover hard drives, flash drives, mobile phones, iPods, pagers, beepers, and video and audio tapes, as well as books, pamphlets and other written materials, the report said.

Federal agents must take measures to protect business information and lawyer-client privileged material.

Copies of data must be destroyed when a review is completed and no probable cause exists to keep the information.

But agents are allowed to share the contents of seized computers with other agencies and private entities for data decryption and ‘other reasons’.

Copies sent to non-federal entities must be returned to the DHS, but there is no limitation on authorities keeping written notes or reports about the materials.

The new powers came to light under pressure from civil liberties and business travel groups after increasing numbers of travellers reported that they had laptops, phones and other digital devices removed and examined.

The development was described as ‘truly alarming’ by Wisconsin Democrat Senator-Russell Feingold, who is investigating U.S. border search practices.

He said he intends to introduce legislation that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin.

DHS officials insisted the policies were reasonable and necessary to prevent terrorism.

They said they had been disclosed only because of public interest.

But Greg Nojeim, senior counsel at the Center for Democracy and Technology, said it was alarming that the policies ‘don’t establish any criteria for whose computer can be searched.’

He added: ‘They are saying that they can rifle through all the information contained in a traveller’s laptop without having even a smidgeon of evidence that the traveller is breaking the law.’

Homeland Security Secretary Michael Chertoff said last month that ‘the most dangerous contraband is often contained in laptop computers or other electronic devices’.

Searches had uncovered ‘violent jihadist materials’ as well as images of child pornography.

In an article for U.S.A Today, Chertoff wrote that ‘as a practical matter, travellers only go to secondary [a more thorough examination] when there is some level of suspicion.’

He said legislation setting a particular standard for searches would have a ‘dangerous, chilling effect’ because it could contradict assessments by officers, often made in a split second.

In April, the U.S. Court of Appeals in San Francisco upheld the government’s power to conduct searches of an international traveller’s laptop without suspicion of wrongdoing.