Traveling to the USA? Better Read this First

[Gaybutton]

http://www.mcclatchydc.com/251/story/42186.html

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McClatchy Washington Bureau

 

Posted on Wed, Jun. 25, 2008

 

U.S. Border Agents Copying Contents of Travelers' Laptops

 

Federica Narancio | McClatchy Newspapers

 

WASHINGTON — U.S. border agents are copying and seizing the contents of laptops, cell phones and digital cameras from U.S. and foreign travelers entering the United States, witnesses told a Senate subcommittee Wednesday.

 

The extent of this practice is unknown despite requests to the Department of Homeland Security from the Senate Subcommittee on the Constitution and several nonprofit agencies.

 

The department also declined to send a representative to the hearing. Subcommittee Chairman Russ Feingold, D-Wis., said Homeland Security had told him that its "preferred" witness was unavailable Wednesday.

 

Feingold added that he'd submitted written questions about the seizures of electronic data — and of some devices — to Homeland Security Secretary Michael Chertoff in April. To date, Feingold said, he's gotten no reply.

 

Chertoff's department provided a written statement that said it wasn't its intention to infringe on Americans' privacy but to protect the country from terrorists and criminals, whose electronic devices can reveal incriminating materials.

 

During border searches of laptops, according to the statement, the department's Customs and Border Protection officers have found "jihadist material, information about cyanide and nuclear material, video clips of improvised explosive devices being exploded, pictures of various high-level al Qaida officials and other material associated with people seeking to do harm to U.S. and its citizens."

 

Jayson Ahern, the deputy commissioner of Customs and Border Protection, signed the statement.

 

Some witnesses noted that the 9th U.S. Circuit Court of Appeals in San Francisco had ruled in a recent child-pornography case that federal agents could seize a laptop computer at the border without reasonable suspicion that its owner was engaged in unlawful activities.

 

However, several witnesses said that the ruling, by the most liberal of U.S. appeals courts, didn't end their concerns about Homeland Security's refusal to explain the standards for its searches, how it protects privacy, how the seized material is used and who can see or use it.

 

Three nonprofits — the Electronic Frontier Foundation, the Asian Law Caucus and the Association of Corporate Travel Executives — filed a Freedom of Information Act request last year seeking Homeland Security's answers to those questions. They've gotten none thus far.

 

They and other groups consider seizures made without probable cause to be an invasion of privacy that leaves the door open to ethnic and racial profiling.

 

Farhana Khera, the president of Muslim Advocates, a San Francisco nonprofit, said they'd received complaints from Muslim, Arab and South Asian Americans. She said they also had been questioned about their political, religious and personal views.

 

Retaining confidential computer files also worries business travelers and companies, said Susan Gurley, the executive director of the Association of Corporate Travel Executives, an international group based in Alexandria, Va..

 

Her organization surveyed its 2,500 members in February, Gurley said. Of 100 respondents, seven said border agents had seized their laptops or their files. Four out of five, she said, were unaware that border agents could seize their electronic data and devices.

 

McClatchy Newspapers 2008

[Guest]

This happened to me a few years back. They searched every file on the computer and every photo and asked who it was. On the next trip, they did the same thing. I had the BF's ID scanned in and showed it to them and their response is that it is illegal to have someone else's ID. I said, you are dammed if you do and dammed if you don't. They searched my computer a total of 6 or more times and never found anything inappropriate. Finally, getting frustrated at the time it took them to do this each time, I just shipped the computer home and when called into customs the next time they asked where my stuff was, I said I decided to ship everything as I was tired of them making me late for my flights. I gave them the tracking number of the packages and told them to feel free to check them at their convenience but I would not waste more time with them at airports. All I had on me was my backpack. Since then, they stopped asking to check all my bags and the last 3 trips back, I was not searched.

[Guest fountainhall]

They searched every file on the computer and every photo and asked who it was

 

This is really scary! On any flight into the US, there must be 40 - 60 laptops minimum. Do they search everyone or is it just selective?

 

On this same subject, whilst on a multi-sector business class trip to the US 3 years ago, I was subjected to extra searches at every airport (6 in all). Eventually I realised that my boarding passes had an extra stamp on them - "SSS". Querying this, I received only blank looks. It took me some time to realise it means "Special Security Screening" and is often stamped on boarding passes of passengers from "suspect" countries.

 

Thailand with its unrest in the south is apparently regarded as suspect. Since travel agents and airlines must under US law provide a massive amout of information about ticket holders to the US Homeland Security apparachicks before you will be allowed on a US bound plane, thereafter I have insisted on my home country details going in to the computer even for tickets purchased in Bangkok where I live. Since then, I have had no problem at all!

[Bob]

The searching of camera memory cards and laptops has obviously been selective. I've been through LAX 15-16 times and Detroit a few others and have never had them even ask about my camera or laptop (they wouldn't find anything inappropriate on either anyway) which are carried in plain sight.

[Guest fountainhall]

Gaythailand - did this screening occur after a flight that originated in Bangkok?

 

And Bob - did any of your inbound US flights originate in Thailand?

 

I am wondering if computer and baggage searches are partly dependant on country in which ticket is issued, or origin of the flight.

[Guest]

Gaythailand - did this screening occur after a flight that originated in Bangkok?

 

For me, it was after a flight from Bangkok. Back then, I was going into and out of BKK about 7 times a year. It was frequent trips and they said where I was traveling to as I had no business in Thailand other than recreation.

[Gaybutton]

when called into customs the next time they asked where my stuff was, I said I decided to ship everything as I was tired of them making me late for my flights.

 

I don't understand why you told them that. Why didn't you just say you don't have those sorts of things with you? It would be the truth. Why volunteer anything else? It's one thing to be searched, but why do their job for them?

 

The part I don't get is what these searches are supposed to reveal in the first place. I would think that anyone who is knowingly carrying illegal files in their computer, illegal photos, or whatever else, would simply Email those files to themselves or place them on some sort of a storage web site and retrieve them later upon entering the USA or any other country. That way, those kinds of files wouldn't even be on the computer at all.

 

If they were really concerned that a thorough search could reveal files that were deleted, I would think after finding some way to get those files later, via an Email download or something, they would just buy a new hard drive and shit-can the old one before traveling.

[Bob]

And Bob - did any of your inbound US flights originate in Thailand?

 

Actually, no - usually Taipei (less frequently Narita). But, if my memory is correct, each time the customs officer knew I was in Thailand (I think they ask where I've been and I just say Thailand and usually they ask if for business or pleasure).

Once or twice I think they've asked me another question or two ("what part of Thailand" or "how do you like it over there" - questions that didn't give me the impression somebody was trying to grill me (more of a friendly chat).

If there was a concerted effort here against single males visiting Thailand, I'd guess I would have been questioned more or at least a time or two they might have asked to check the laptop or camera memory card. I actually don't care if they want to do that - so long as they don't screw me up, timing-wise, on wherever I'm going next. They're just trying to do their job as far as I'm concerned.

I suppose some day I'm going to run into some extremely rude bastard and, after a long flight, I'll have little or no chance of restraining myself from asking him about his mother's relationship with a buffalo? Good lord, stop me before I kill myself....haha.

 

[fedssocr]

This topic comes up here from time to time. I know there was a long article in the Washington Post several months ago as well. People traveling to and from the UK were having their computers searched and the contents copied. Lots of companies are concerned about the exposure of sensitive material and are ordering their employees to not take the work computers with them. It seemed that mainly it was South Asian and Middle Eastern people being targeted in that story.

 

I expected to be searched on my return from Thailand on my first trip. But all I got at JFK was "welcome home, sir" from the customs people. I think I was the first person to get my bags and go thru. I was over the customs limit (I had bought some jewelry) and declared it but they didn't seem to care.

 

The customs declaration card requires you to list all of the countries visited during your time outside the USA.

 

Last year instead of going via JFK I took ANA via NRT and when I arrived at Washington Dulles it was a giant mess. They only had 1 passport control agent on duty at 9 AM. So there was a massive line. They finally added a bunch more at about 10 AM. They were just processing people as fast as they could at that point to get the line down. The passport agent only asked me if I was in the military which was a very odd question I thought. The customs agents just waved me through, even though again I was over the limit.

 

Ultimately all you can do is not carry anything questionable and be as polite with them as you possibly can. And arrive at an understaffed airport, maybe.

[Guest bkkjunky]

I have some naked photos of Thai friends in my computer.Would this cause me trouble with US Customs if they checked my laptop?

[Gaybutton]

I have some naked photos of Thai friends in my computer.Would this cause me trouble with US Customs if they checked my laptop?

 

It's hard to say. If they consider the photos pornographic, then you could have a problem. If they think any of the photos are of anyone under-age, then you could have a problem. Even if the photos are acceptable to them, you could still wind up on some kind of a shit list or subjected to humiliating questioning.

 

Maybe you ought to be one of the people who Email's the photos to himself and wipes them from the computer or just wipe them and forget about them.

[Guest]

I have some naked photos of Thai friends in my computer.Would this cause me trouble with US Customs if they checked my laptop?

 

The answer is 100 percent yes. Most Thais look younger to everyone. If they even suspect they are underage, they will take your computer and perhaps even arrest you. If they look over 18, they will still put you on a list to be checked each time you come into USA.

 

I came here many years ago and I met a guy who was straight photos with overage with ladies. When I made it to Bangkok on my first trip, someone had been arrested for taking photos of overage women and sentenced to over 20 years in prison. It is not worth it to me. I have never once taken a nude photo of anyone in this country and when the vendors come around on the beach to sell those videos, I decline. Not all of them are over 18. The possession of those could get you into trouble as well.

 

I suggest that you be safe and not sorry on this one. If there is any chance they look anywhere less than say 21, do not take them on your computer, flash drive, Iphone, IPod, etc.

 

The likelihood of you being stopped and searched is low but it is there. I had one friend who took back a Spice magazine and when they saw that, it gave them reason enough to then search his computer. There is nothing inappropriate in Spice at all but it is gay and if you are single, you could be targeted.

[Guest buckeroo2]

I have some naked photos of Thai friends in my computer.Would this cause me trouble with US Customs if they checked my laptop?

[atri1666]

I believe they would like me with about 50 stamps of thailand and 30 from singapore, malaysia, indonesia and hongkong. But it is to much freedom for me - i never travel there.