Risk

4/23/2008
02:39 PM
50%
50%

Border Agents Can Search Laptops Without Cause, Court Rules

The 3-0 decision is likely to extend to cell phones and other personal electronic devices.

U.S. border agents can search traveler's laptops without suspicion, according to a recent court ruling.

The Ninth U.S. Circuit Court of Appeals ruled this week that computers are like luggage and therefore subject to searches at national borders and airports. The 3-0 decision is likely to extend to cell phones and other personal electronic devices. It overturns a previous ruling that sided with a defendant's arguments that laptop searches to constitute intrusions of the mind.

Timothy Arnold, a 43-year-old teacher from California, challenged the federal government's right to search laptops after border agents searched his computer nearly three years ago, reported finding child pornography, and arrested him on his way back from the Philippines.

The U.S. District Court for the Central District of California ruled that agents must have reasonable suspicion to search electronic devices and said they did not meet that threshold in Arnold's case. The government appealed to the Ninth Circuit Court.

Federal laws allow border agents to search diaries and other personal material without cause. The U.S. Department of Justice claims that laptops are no different than other containers and agents must be able to search them in order to prevent crime and protect national security.

The Association of Corporate Travel Executives disagrees. It filed an amicus brief siding with Arnold and pointing out that laptops contain personal information, which could be systematically collected, stored, and searched without justification or oversight. Laptops can also be confiscated and held indefinitely.

The ACTE has warned its members to be cautious about carrying proprietary information across U.S. borders because searches could compromise corporate privacy.

Arnold's lawyer plans to appeal the latest decision.

Comment  | 
Print  | 
More Insights
Comments
Newest First  |  Oldest First  |  Threaded View
8 Ways Hackers Monetize Stolen Data
Steve Zurier, Freelance Writer,  4/17/2018
Securing Social Media: National Safety, Privacy Concerns
Kelly Sheridan, Staff Editor, Dark Reading,  4/19/2018
Firms More Likely to Tempt Security Pros With Big Salaries than Invest in Training
Sara Peters, Senior Editor at Dark Reading,  4/19/2018
Register for Dark Reading Newsletters
White Papers
Video
Cartoon
Current Issue
How to Cope with the IT Security Skills Shortage
Most enterprises don't have all the in-house skills they need to meet the rising threat from online attackers. Here are some tips on ways to beat the shortage.
Flash Poll
[Strategic Security Report] Navigating the Threat Intelligence Maze
[Strategic Security Report] Navigating the Threat Intelligence Maze
Most enterprises are using threat intel services, but many are still figuring out how to use the data they're collecting. In this Dark Reading survey we give you a look at what they're doing today - and where they hope to go.
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2017-0290
Published: 2017-05-09
NScript in mpengine in Microsoft Malware Protection Engine with Engine Version before 1.1.13704.0, as used in Windows Defender and other products, allows remote attackers to execute arbitrary code or cause a denial of service (type confusion and application crash) via crafted JavaScript code within ...

CVE-2016-10369
Published: 2017-05-08
unixsocket.c in lxterminal through 0.3.0 insecurely uses /tmp for a socket file, allowing a local user to cause a denial of service (preventing terminal launch), or possibly have other impact (bypassing terminal access control).

CVE-2016-8202
Published: 2017-05-08
A privilege escalation vulnerability in Brocade Fibre Channel SAN products running Brocade Fabric OS (FOS) releases earlier than v7.4.1d and v8.0.1b could allow an authenticated attacker to elevate the privileges of user accounts accessing the system via command line interface. With affected version...

CVE-2016-8209
Published: 2017-05-08
Improper checks for unusual or exceptional conditions in Brocade NetIron 05.8.00 and later releases up to and including 06.1.00, when the Management Module is continuously scanned on port 22, may allow attackers to cause a denial of service (crash and reload) of the management module.

CVE-2017-0890
Published: 2017-05-08
Nextcloud Server before 11.0.3 is vulnerable to an inadequate escaping leading to a XSS vulnerability in the search module. To be exploitable a user has to write or paste malicious content into the search dialogue.