FlyerTalk Forums - View Single Post - Why do US Customs search laptops?
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Old Dec 12, 2005 | 11:48 pm
  #73  
SPN Lifer
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There are some interesting points in this thread.

Thank you, MSY-MSP, for your very helpful Post #57 above. Even with a plethora of password-protected files, I was obviously far too blasé about the potential waiver of the attorney-client privilege (not knowing whether the inquirer took similar precautions). You've given me some good ideas for interrogs, and I'll be sending you a PM about your official disclosure limitation form.

Kremmen and GUWonder have some helpful thoughts about minimizing content on a laptop and transmitting via encrypted e-mail (though that is like sending a postcard viewable by any ISP or intelligence agency with superb cryptologic capabilities) or removable hard drives, respectively. Some find steganography useful. I got a bit of training from the DoJ CCIPS (Computer Crime and Intellectual Property Section) as an AUSA, but have never called a CART examiner as a witness.

I don't disagree with your constitutional analysis, PTravel, as a general matter. I was just pointing out, however, that reasonableness of a customs search under the Fourth Amendment is practically unlimited at the border. You are free to cite some First Amendment cases defining the outer limits of such inspections if it is that important to you, but border searches by the sovereign were a long-standing practice at the time of the Constitution and not significantly limited by it. I think we are talking past each other, and would both like the other to be our "temporary law clerk."
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