ACLU Details Electronic Searches
The American Civil Liberties Union said Thursday that a Freedom of Information Act lawsuit has revealed that the Department of Homeland Security's Customs and Border Protection agency searched more than 1,500 computers, cell phones and other electronic devices belonging to international travelers as they entered U.S. airports or other border posts. The searches were conducted between October 2008 and June 2009. The group blasted the policy that allows customs agents to search computers and other devices without suspecting any particular wrongdoing.
"These documents show that the constitutional rights of thousands of travelers were put at risk and violated by the CBP's policy," ACLU staff attorney Catherine Crump said in a news release. "The CBP's ability to take and view the personal files of anyone passing through U.S. borders without any suspicion not only presents an inconvenience to travelers, but also fails to protect sensitive personal information that is commonly stored in laptops and cell phones." The ACLU said the documents obtained by the lawsuit also revealed that customs agents had transferred electronic files to third-party agencies nearly 300 times.
The electronic search policy was implemented in July 2008 under the Bush administration and applies to all travelers, even U.S. citizens, who pass through U.S borders or go through U.S. customs at airports. The Obama administration announced in August that it would continue the practice but pledged to provide more transparency and accountability. DHS also said it would conduct a civil liberties impact assessment within 120 days of its August announcement, a deadline the ACLU says the agency missed.
At the time, Homeland Security Secretary Janet Napolitano defended the policy saying, "Keeping Americans safe in an increasingly digital world depends on our ability to lawfully screen materials entering the United States." She added that the administration's policy on electronic searches strikes a "balance between respecting the civil liberties and privacy of all travelers while ensuring DHS can take the lawful actions necessary to secure our borders."
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