A legal perspective on digital property: Laptops in United States customs and border protection - published: 11/12/2012

Abstract

In this paper we will strive to answer several legal questions regarding the search and seizure of digital property at the United States border by U.S. customs officials. In a hypothetical scenario, a defendant crossed the border with illicit materials such as child pornography saved in a folder on his laptop. This brings up several legal questions regarding the status of laptops: Is reasonable suspicion required for border searches of laptop computers? Are laptops distinguishable from other containers or documents crossing the border? This argument has been made because of the large capacity of modern computers and the personal nature of their content; in fact, some have argued that a computer is akin to a home in that regard. In our paper, we will use legal precedent pertaining to digital property in order to resolve these pressing issues. We will also be exploring the ethical issues and implications of this question as it relates to Computer Science 82.

The George W. Bush administration first authorized border officials to seize and view the contents of laptops, smartphones, and other devices and copy and share data with other government agencies without need for any individualized suspicion of wrongdoing. The Obama administration has tweaked the policy, requiring approval from supervisors to hold a seized device for more than five days, for example. The fundamental flaw remains: it permits the government to engage in indiscriminate and invasive fishing expeditions.