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
Threaded  |  Newest First  |  Oldest First
Register for Dark Reading Newsletters
White Papers
Video
Cartoon
Current Issue
DNS Threats: What Every Enterprise Should Know
Domain Name System exploits could put your data at risk. Here's some advice on how to avoid them.
Flash Poll
Slideshows
Twitter Feed
Dark Reading - Bug Report
Bug Report
Enterprise Vulnerabilities
From DHS/US-CERT's National Vulnerability Database
CVE-2013-7445
Published: 2015-10-15
The Direct Rendering Manager (DRM) subsystem in the Linux kernel through 4.x mishandles requests for Graphics Execution Manager (GEM) objects, which allows context-dependent attackers to cause a denial of service (memory consumption) via an application that processes graphics data, as demonstrated b...

CVE-2015-4948
Published: 2015-10-15
netstat in IBM AIX 5.3, 6.1, and 7.1 and VIOS 2.2.x, when a fibre channel adapter is used, allows local users to gain privileges via unspecified vectors.

CVE-2015-5660
Published: 2015-10-15
Cross-site request forgery (CSRF) vulnerability in eXtplorer before 2.1.8 allows remote attackers to hijack the authentication of arbitrary users for requests that execute PHP code.

CVE-2015-6003
Published: 2015-10-15
Directory traversal vulnerability in QNAP QTS before 4.1.4 build 0910 and 4.2.x before 4.2.0 RC2 build 0910, when AFP is enabled, allows remote attackers to read or write to arbitrary files by leveraging access to an OS X (1) user or (2) guest account.

CVE-2015-6333
Published: 2015-10-15
Cisco Application Policy Infrastructure Controller (APIC) 1.1j allows local users to gain privileges via vectors involving addition of an SSH key, aka Bug ID CSCuw46076.

Dark Reading Radio
Archived Dark Reading Radio
Tim Wilson speaks to two experts on vulnerability research – independent consultant Jeremiah Grossman and Black Duck Software’s Mike Pittenger – about the latest wave of vulnerabilities being exploited by online attackers