These days people keep almost everything about their private lives on their laptops, or other portable digital devices. Photos, bank accounts, medical records, virtually anything, is apt to be stored on a portable digital device... and this can become a problem for travelers trying to get across the US borders. This can be an especially troubling problem for people with especially sensitive documents. Things like the attorney, (or doctor,) client privilege, trade secrets, and other sensitive data could potentially be compromised.
What about The 4th Amendment-
The 4th amendment protects Americans from search and seizures that are unreasonable, true. In most cases, law enforcement has to show a Judge, or court, that there is a reason that they need access to anything... personal property, cars, and even digital devices and computers. But according to several federal court decisions when a person is crossing the border of the US, the expectation to a reasonable amount of privacy ends at the checkpoints. There have been legislative attempts to correct this, but all these efforts have failed for one reason or another.
How Your Digital Devices Will Be Searched Or Inspected-
There are two agencies that concern themselves with travelers' digital devices. The Customs and Border Protection agency of the DHS, and Immigration and Customs Enforcement. And, according to the published policies of both agencies, they have a great deal of discretionary powers as to what items can be detained for inspection. And though it is virtually impossible to discern how they will treat the equipment and data, they can do so with or without any kind of reasonable suspicion. In some cases they are allowed to keep the devices for closer inspection, where they can download and retain all the data on the device. Sadly, neither agency clearly explains how long the data can be kept, how it can be used, or how it can treated.
How Often Is This Done-
According to the agencies, such extreme measures are rare. The ACLU reports that an average of 300 device searches per month on average are conducted, and that less than half of those travelers were Americans. Yes, the searches are a regular happening, but not on an extreme level. With a frequency like this, most travelers have a low risk of their devices being inspected or retained for off-site inspection. But this average could increase in the near future. With advances in technology, both agencies, researchers, and software vendors are constantly searching for better and ore efficient ways to conduct this business, and eventually this could lead to everything on these portable digital devices being inspected without the owners even being aware that it is happening.
Michael Maxstead specializes in internet security, and advising people on VPN's, security technologies, and related services. He writes informational and educational articles for VPNReviewz, to learn more, visit http://vpnreviewz.com/best-vpn-service-providers/
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