http://www.dhs.gov/journal/leadership/2008/08/answering-questions-on-border-laptop.html
Answering Questions on Border Laptop Searches
We’ve received several comments from readers regarding my recent post
about laptop searches at the border. I’d like to take a few minutes to
try to answer some of your questions and set straight some
misinformation that is circulating with regard to this long-standing policy.
First, it’s important to note that for more than 200 years, the federal
government has been granted the authority to prevent dangerous people
and things from entering the United States. Our security measures at the
border are rooted in this fundamental fact, and our ability to achieve
our border mission would be hampered if we did not apply the same search
authorities to electronic media that we have long-applied to physical
objects--including documents, photographs, film and other graphic
material. Indeed, there are numerous laws that apply to such material at
the border including laws regarding intellectual property rights,
technical data that can be imported or exported only under state
department license and child pornography.
In the 21st century, terrorists and criminals increasingly use laptops
and other electronic media to transport illicit materials that were
traditionally concealed in bags, containers, notebooks and paper
documents. Making full use of our search authorities with respect to
items like notebooks and backpacks, while failing to do so with respect
to laptops and other devices, would ensure that terrorists and criminals
receive less scrutiny at our borders just as their use of technology is
becoming more sophisticated.
This result would be ironic given that this same technology actually
enables terrorists and criminals to move large amounts of information
across the border via laptops and other electronic devices. At the end
of the day, we have a responsibility to search items — electronic or
otherwise — that are being transported across our borders and that could
potentially be used to harm our nation’s citizens or that are otherwise
contrary to law.
Second, this is not a new policy. We’ve been searching laptops of those
who warrant a closer inspection for years. In fact, we’ve taken the
unprecedented step of posting online (PDF 5 pages - 161 KB) a policy
that would typically be reserved for internal purposes. This information
is not new and has been publicly debated countless times. Indeed, the
9th Circuit Court of Appeals recently confirmed the constitutionality of
suspicionless laptop searches at the border.
This brings me to my third point, which is that travelers whose laptops
are searched represent a very small number of people. As Secretary
Chertoff noted in a recent op-ed,
"Of the approximately 400 million travelers who entered the country
last year, only a tiny percentage were referred to secondary baggage
inspection…[and] of those, only a fraction had electronic devices that
may have been checked.”
This number is less than one percent of people entering the United
States. Contrary to some media accounts, we’re not rolling out a new
strategy and screening an exorbitant number of travelers. We’re simply
following a common sense border policy that has been in place for years,
and has been reaffirmed by the courts.
And finally, to allay any concerns the business community or others may
have that their personal or trade information might be put at risk by
traveling with their laptops, I urge you to look at our track record.
Every day, thousands of commercial entry documents, shipping manifests,
container content lists, and detailed pieces of company information are
transmitted to CBP so we can effectively process entries and screen
cargo shipments bound for the United States. This information is closely
guarded and governed by strict privacy procedures. Information from
passenger laptops or other electronic devices is treated no differently.
Our Customs and Border Protection officers are trained professionals
with a defined mission, and they have neither the time nor the desire to
search travelers’ personal belongings for any reason other than to
ensure compliance with our customs and related laws and to protect the
United States. As the policy’s provisions make abundantly clear,
officers are subject to numerous policy restrictions regarding the
retention, sharing, and scrutiny of travelers’ documents and information.
I hope this has helped answer some of your questions. One of the lessons
9/11 taught us was that we must adapt to 21st century risks and
anticipate rather than react to new threats. Our CBP officers are on the
front lines every day ensuring that these lessons are heeded. We trust
that travelers understand the need for these sensible security measures.
Jayson Ahern
Deputy Commissioner, U.S. Customs and Border Protection
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