The Washington Post reported yesterday on allegations that US Customs agents have inspected and confiscated laptop computers, iPods, and mobile phones during passenger inspections. Passengers claim they were asked to provide passwords and open files. In some cases, mobile phones were inspected and returned with purged call logs. One person claims their laptop has been held for an over a year.
According to this article, the Electronic Frontier Foundation and the Asian Law Caucus have filed a civil lawsuit against the Federal Government, based on 20 complaints from Northern California residents. The goal is disclosure of the US government’s boder search policies. One sourse of concern is an apparent pattern of racial profiling, in which agents targeted Asian and Muslim passengers.
The US Department of Justice asserts that electronic equipment falls into the same category as a briefcase, and may be searched and confiscated for inspection.
However, the scenarios described in this article sound more like coercion or out-and-out robbery.
Of course, many corporate travelers have confidential or private information on their computers and phones. The Post article cites a Canadian law firm that sends corporate travelers headed to the United States with “empty hard drives”. There’s an operating system and a web browser on the laptop, of course, but employees access their email and documents through a secure Internet connection such as a virtual private network (VPN). This helps keep confidential data off the drive, as the law firm fears discovery by search more than a hacked Internet connection.
BoingBoing and the Consumerist each had articles about the Post report, although both blogs misidentified US Customs as the TSA.
Sadly, the activities alleged in this lawsuit do not surprise me. BusinessWeek recently reported on Indian IT outsourcing firms that have systematically underpaid IT workers who were brought to the United States on H1-B visas. These workers make tempting targets, as their outsourcing companies can send the workers back home for any reason. By the time some workers determined they would never get their back-pay, they were no longer in the US. It seems that only a few lawyers or client companies will step in to help these guest workers.
Tags: airport, Asia, browser, California, case, CIO, computer, content, data, email, Federal, government, hack, help, India, Internet, iPod, law, mobile, network, outsource, search, system, travel, virtual, VPN, Washington
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