Homeland Security Modifies Rules for Laptop and Other Electronics Searches and Seizures at the US Border

This item is not specific to Hawaii travel: but, since so many people travel everywhere they go with laptops, Blackberries,or other mobile phones etc.,it is important information to share. I got this information from ASTA, the American Society of Travel Agents.

The U.S. Department of Homeland Security has issued a set of new guidelines limiting the amount of time that Customs and Border Protection (CBP) officers can retain computers and downloaded data seized at U.S. points of entry, and notifying agents with whom they can share that information.

Under the new directives, searches of laptop computers, mobile phones, MP3s, Blackberrys, flash drives and other electronic devices can still be searched regardless of whether a traveler comes under the suspicion of border agents. But a device may only be held if there is probable cause to believe it is connected to a crime.

The new policy imposes a 30 day limit within which searches of detained electronic devices have to be completed but prolonged detentions can be ordered if “circumstances exist that warrant more time.” The decision to hold a device for more than five days would have to be approved by a federal security supervisor.

The new directives require border agents to keep detailed records of searches and conduct them in the presence of a supervisor. CBP officials are directed to prevent unauthorized disclosures, only sharing such information with federal agencies "that have mechanisms in place to protect" the information.

CBP officers are instructed to conduct device searches in the “presence of, or with the knowledge of, the traveler.”

Inspectors must seek the advice of CBP legal counsel if they want to examine privileged or confidential information such as a traveler’s legal material, medical records or a journalist’s notes. Once it is determined that no valuable information is to be gleaned from a traveler’s device, any data download from the electronic accessory must be destroyed “as expeditiously as possible,” and the hardware must be returned to the traveler.

The policy revisions come amid mounting complaints that the CBP unjustifiably sifts through private information, retaining devices and information indefinitely without any explanation. The revised directives are effective immediately.