Jennifer Granick wrote some follow-up articles here and here about the ability for laptops to be searched at the boarder with no suspicion or cause. My original post to this topic is here.

Good articles and there is not an easy answer to this problem. On one hand there is the need for law enforcement to get the bad guys, but on the other hand, myself and my company have obligations to our customers, often legal obligations to not reveal certain information to any individuals or entities including government.

My laptop is encrypted, and contains virtual machines that have encrypted drives. In certain scenarios I even have hidden encrypted drives within encrypted drives. I am very doubtful a cursory search would find any evidence of these drives or their presence. However, if for some other reason your laptop was to be confiscated or the encrypted data was to be discovered what is one to do? If you are requested to enter or give the keys and/or pass phrases to allow access to the encrypted data and you refuse the border enforcement is just going to probe harder and the end result will be difficulties in the future when you travel. One can argue the border enforcement are just doing their job and trying to ensure the public safety so they require your cooperation. The best answer to this problem unfortunately is to use a forensically clean laptop that does not contain any data where there is a legal obligation to keep private. Once you have arrived at your hotel you pull the data down using a secure connection, preferably to a encrypted drive. Storing the data on encrypted drive not only protects the data from extraction, but once you delete the data from the drive, extraction of data fragments via slack space, trash etc. are more difficult than on a non-encrypted drive. Prior to your trip home, push the data back via the secure connection and wipe it from the drive. You only have to do this for data that you don’t want anyone to see or are under obligation to keep secret. As for the rest of the data, personal pictures, finances or whatever else they can look at it all they want. This is annoying to do, but I think it is probably the safest answer. You can cooperate and feel comfortable at the border, knowing you are not breaking any laws. You are more relaxed and are being completely honest with the border people. They are happier because they can do what they have been tasked with, and you are protecting your clients and customers data which will keep them happy.

I wonder what happens if the border enforcement ran a program while searching a laptop that caused it to delete data or render a program or the laptop useless? Is there any recourse? Probably not.

Update: May 18, 2008
Bruce Schneier posted on laptop border searches. Another one here. They are good articles and like mine basically say the same things. This is good as it appears to be getting more main stream attention now.