I have commented on this before here and here. EFF just posted a blog entry discussing The Statement of Lee Tien. He testified in a Senate hearing outlining the dangers of random searches of traveler’s digital devices. It is worth the read for those interested.
Although this applies to U.S citizens and the U.S. I suspect whatever the outcome of the permissibility of random searches of electronic devices, someone like myself entering the U.S. as a visitor would be under different rules. My concern is that they are willing to execute random searches period including the copying and imaging of data ‘just because’. And it isn’t just the U.S. either like many claim. With ACTA, random border searches of electronic devices are coming soon to Canada and other participating countries.
A few years ago, I was involved with a client that had a legal case against a Government. My laptop contained data that I was providing analysis on that affected the case. What if the government was to just image my laptop? They would now have information that they should not be privy to. That is bad. It under minds the legal system of all countries involved.
Any sensitive data on my laptop is encrypted and I consciously make sure that a forensic search won’t reveal the passphrases or anything like that. It annoys me that I have to worry about and deal with this prior to travel. The last few months due to ACTA, I now remove any sensitive client data from my laptop till I reach the hotel and then securely download what I need. Some say this is just silly. Most if not all of the data on my laptop I really don’t care if they saw or copied it, nothing really bad or incriminating about it — its the principle I guess.
I’m thinking about going a step further. Take a laptop that has nothing on it, and an O/S that runs from a CD or DVD. Boot off the DVD, download the data you need. Prior to travel back home, upload the data, and forensically wipe the hard drive.
If there is valid suspicion that an individual is doing something which could harm others or is illegal, search away. But random searches just because you can? I’m starting to feel like some of those old Russian movies I watched as a child, where you had to carry “papers” to show officials if requested. Not a free society.
