I was stoked last week when I heard a story on On the Media, about U.S. travelers having their electronics confiscated and copied when entering the United States. I wasn’t stoked about the story itself, rather I was happy that this issue is now being talked about by national news organizations.
Unfortunately, it took a highly publicized incident at Heathrow Airport for mainstream media to start talking about just how much power U.S.Customs and Border Protection (CPB, part of Homeland Security) has.
The incident that precipitated this coverage, was the arrival of David Miranda at the London airport. David is the partner of Glenn Greenwald, the journalist known for breaking the Edward Snowden story. David was detained at Heathrow for just under nine hours and his electronics seized.
The copying and seizure of electronics, including laptops, cell phones, iPads, and cameras, is not exactly new. This has been happening relatively quietly since 9/11. I say relatively quietly because I only learned last year that customs may seize and confiscate your electronics. And it’s had me miffed that without explanation, CPB can not only detain you but they have a lot of leeway in terms of what they can do with your personal electronics.
Now it appears that some changes might be happening, albeit slowly.
As reported by Ned Levi at Consumer Traveler, the U.S. Court of Appeals recently ruled that the Fourth Amendment does indeed apply at the border and that CPB cannot conduct a search without reason.
Yay, that’s one point for the TRAVELER!
Don’t expect that memo to find its way to your border agent anytime soon, but this ruling is at least a start.
This follow-up report from On the Media demonstrates that people are still being held without reason or explanation, and their electronic files viewed, copied and/or confiscated.
What Can You Do?
I spoke with a Seattle ACLU lawyer about the practice of U.S. citizens being fingerprinted at the airport. Though the lawyer interviewed in the follow-up On the Media story did not mention it, I was told that if your electronics are password protected, you can refuse to enter your password and the CPB cannot make you do so without a warrant. You know, that thing called probable cause?
If that seems too scary for you, then call your local ACLU office and let them know your concerns. The more travelers they hear from, the more likely something will be done about this.
For now, I’m hoping this issue stays front and center. And because mainstream media is now threatened (as in the Greenwald/Miranda case), perhaps it will. Ultimately, travelers won’t have clear rights until formal guidelines or laws are established. Until then, there’s still the possibility of U.S. citizens being made to feel like criminals when returning to their own country.
Travel Well,
Beth
Photo Credit:
Customs by J. Elliott
wanderingeducators says
You know, this sort of stuff freaks me out. Thanks for bringing to our attention!
Per says
That was one of my concerns before I flew to the US from the Philippines for the first time. The agents were friendly though. The only thing I had to take out from my bag was my laptop.
Beth Whitman says
Good to know, @Perkythoughts.
Elizabeth says
I won’t fly into the US ( and maybe even UK now) if they are doing this. I mean it just keeps getting worse, nonstop harassment of journalists and citizens, being groped and molested or radiated ( which is worse).
Micki says
Beth, thanks so much for this. I see so little coverage of traveler’s rights!
Mary @ Green Global Travel says
I just heard either this or a similar story on my local NPR station. I had no idea that customs had the authority to take your electronics.
Terry at Overnight New York says
This was news to me. Thanks for the update — and antidote if the worst happens.
Val-This Way To Paradise says
Another reason why I’m glad I don’t live in the US anymore…
Marina K. Villatoro says
This is insane. What freedom are we left with lately?
Bethaney - Flashpacker Family says
The US has some major problems and this kind of stuff doesn’t help. It’s one of the most unwelcoming countries in terms of it’s border policies. I’m actually so over the superior attitude. Like we’re all just dying to get in and work illegally and terrorise the country. As if.