Electronic Searches Without Cause

It seems basic to civil rights. A person is innocent until proven guilty. However, in the age of electronics and terrorism, that fundamental assumption may have undergone a radical change. Consider the notion of laptop searches:

“The Department of Homeland Security’s Privacy Office has approved the controversial searches, copying and retention of laptops, PDAs, and other digital devices without cause at U.S. borders.”

link: Privacy Office approves laptop searches without suspicion at U.S. borders

Assume for a moment that your firm allows you access to confidential, proprietary information. That information is on your laptop that you guard judiciously. The laptop is never out of your sight. However, on a trip, U.S. Immigration and Customs seizes the laptop and makes copies of the files. There is no control of where that information goes. There is no control of who see the data. Your company’s security policy has been violated.

Chris Pirillo has recommended a security program that is a safeguard for things like identity theft. A traveler might want that for his/her laptop in case of search and seizure. Likely that the proprietary information still will have to be exposed. However, the encryption allows some time to seek legal counsel and to control (somewhat) the exposure of the data. Legal counsel will be necessary to start the process of proving your innocence and explaining why the information on your laptop is private.

Catherine Forsythe