Obama revises border search rules.
Position | PRIVACY - Barack Obama |
[ILLUSTRATION OMITTED]
The Obama administration has tightened the rules for searches of laptops and other electronic devices at U.S. borders in response to sharp criticism and fears that federal agents are abusing the practice.
In July 2008, the Homeland Security Department began allowing federal agents to search documents and electronic devices at the borders without a warrant or even suspicion of wrongdoing. According to the Associated Press (AP), the directive also allowed U.S. Customs and Border Protection agents to retain documents and devices for "a reasonable period of time" and search these items onsite or offsite.
In some cases, travelers suspected border agents were copying their riles after confiscating their devices for hours, weeks, and even longer. Civil liberties groups and travelers' advocates protested, arguing the government has no right to examine individuals' personal, confidential e-mail messages, proprietary business documents, and other records without cause. Opponents argued such behavior threatens individuals' Fourth Amendment rights against unreasonable search and seizure. They also noted many of the victims were U.S. citizens who were also Muslim.
The Obama administration decided the searches can continue, but the new directive, effective immediately, places the following restrictions on them:
* A supervisor must be present during searches.
* A supervisor must approve holding a device for more than five days.
* Any copies of information taken from travelers' devices must be destroyed within seven days if there are no legal reasons to retain it, although agents can keep the device or information on it if they have probable cause to believe it is connected to a crime.
* Agents must consult agency lawyers if they want to view an individual's sensitive...
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