The new DHS directives, available at DHS.gov, address the circumstances under which U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement can conduct border searches of electronic media -- consistent with the department's constitutional authority to search other sensitive non-electronic materials, such as briefcases and backpacks. The DHS Privacy Office also released a privacy impact assessment in connection with the directives to enhance public understanding of the authorities, policies, procedures and controls employed by DHS during border searches.

The DHS Office for Civil Rights and Civil Liberties will also conduct a civil liberties impact assessment within 120 days. The agency said it conducts border searches of computers and other electronic media on a small percentage of international travelers seeking to enter the United States. Between Oct. 1, 2008, and Aug. 11, 2009, CBP encountered more than 221 million travelers at U.S. ports of entry. Approximately 1,000 laptop searches were performed in these instances -- of those, just 46 were in-depth.