The issue of searches or seizures of electronic gear at international borders is not new, nor is it a kneejerk reaction to the Edward Snowden revelations regarding NSA surveillance programs. But if the seizure of the laptop of the partner of Guardian journalist Glenn Greenwald and other incidents disclosed in 2013 aren’t worrisome enough, the recent dismissal of Pascal Abidor’s 2009 lawsuit by a US federal judge is a stern warning that traveling today carries a greater data security risk than ever before. 

Pascal Abidor, you may recall, is a graduate student in Islamic studies who sued the government after American border agents removed him from an Amtrak train crossing from Canada to New York. He was handcuffed, placed in a cell, and questioned for several hours. Then his laptop was seized and kept for 11 days.

Incidents like these in the US, Canada, and the UK are well known. The British Columbia Canadian Civil Liberties Association notes that, "in Canada under the Customs Act, a Border Services officer does not need to have individualized suspicion to search your luggage or other possessions." Add warnings that devices connected to networks in China may be easy prey for cyberattacks, and it should be abundantly clear that search, seizure, or compromise of electronic devices are transnational concerns. It should also be clear that while encryption is one obvious defensive measure, it will, in some cases, merely be an impediment to search but not an "absolute protection."

Time to rethink mobile data policies.
If you are concerned about the disclosure of personal or organizational sensitive data, take stock now. Begin by asking these four questions:

Searches, seizures, or compromises are disconcerting subjects. Stay focused on the notion of "zero trust," don't get distracted by country-specific issues or policies, and you'll likely succeed in finding a healthy balance of data security, trust, and mobility.

Dave Piscitello has been involved with Internet technologies and security for over 35 years.

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