By Scott Aurnou
In late January 2013, the U.S. Department of Homeland Security’s Office of Civil Rights and Civil Liberties (CRCL) issued an executive summary of a report concluding that it is legal for border agents to seize, inspect and confiscate laptop computers, mobile devices and other electronics at the U.S. border for any reason – or no reason. There is no requirement for any level of suspicion beforehand. This is called the ‘border search exception’ to the Fourth Amendment. Simply put, its protections against unreasonable search and seizure do not apply at the border (which is actually defined as up to 100 miles inland).
This may sound like a shocking overreach, but this policy is not new, only the recent report asserting its legality is. In effect, the CRCL equates searching your laptop, smartphone, etc. with looking through your luggage at an airport.
Of course, other countries have similar approaches. Some will also seek to copy your data for future use or install spyware to read and listen in on what you do. This begs the question:
What steps should you take to protect your company and personal data? If you’re traveling internationally for business, keep in mind where you will be going and what rules apply there.
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