News on the Laptop Search Front
There has been activity in DHS on Customs and Border Protection policy regarding laptop searches. First, I tweeted a while back that the ACLU has sued Homeland Security for access to records regarding the searches. On August 18, 2009 Immigration and Customs Enforcement issued a directive (7-1.6) on the topic. The ICE directive continues the policy that the border search of electronic devices does not require the consent of the arriving traveler and, by implication, does not require suspicion directed at that traveler. At any point during the search, the electronic device may be detained for further review including further review by another federal agency or a third party. ICE does say that the Special Agent has the discretion to copy the contents of the device for later review and return the original to the traveler. Searches are "generally" to be completed within 30 calendar days. If outside assistance is employed, the search must be completed within a reasonable tim