Government Wants to Search Your Electronic Devices without Search Warrant

The Federal Government has decided it has the right to search or seize your laptop, pda, phone, etc. at the boarder without a search warrant.

The Government states that it needs to suspicion to instigate such a search and that boarder agents can copy all information on these devices, without telling the owner and without giving grounds for doing so.

The rationale: These devices are no different than backpacks and briefcases. Searches of these have been upheld as necessary to enforce Federal Law. This, of course, raises the question. What law is being enforced in this case? It's not like you can smuggle drugs electronically. The only think you can carry on an electronic device is information/ software.

The likelihood of an electronic device carrying information that would violate the law if exported from the country in extremely slight. (Most having to do with information on things like missile technology or other defense related information.) Meaning the Government has very little reason to search every laptop, pda, phone, etc.

Then there is the fact that this information need not be stored on the electronic device at all. Ever heard of storage cards. You could conceivably carry the information on a storage card and carry it on you. That means it is unlikely at this point in time for ANY illegal information to be on an electronic device if someone is looking to smuggle information out of the country.

A micro SD card would be almost impossible to discover and would not need to be in a device when carried out of the country.


This search of laptops etc. just makes no sense, and there is just too much potential for sensitive (but legal) information to wind-up in the wrong hands as a result of Government workers copying it without the owner's knowledge or permission.


I find myself in the unusual position of actually agreeing with the ACLU on this one. These searches/seizures are unwarranted violations of privacy and violate the Constitutional prohibition against unreasonable searches and seizures.

A Government action that you can only describe as "not making sense" is, by definition, unreasonable.