From the September 08, 2008 Edition of ISSS-BU News
Searches of Laptop Computers and Other Electronic Devices
at U.S. Ports of Entry
Many individuals, both US citizens and foreign nationals, enter the United States with laptop computers and other electronic devices. U.S. Customs and Border Protection (CBP) has recently updated its website with information on their search policy for such items. U.S. courts have determined that CBP officials have the legal right to examine laptops and other devices without necessarily suspecting that the individual may be carrying unlawful information. Part of this policy is based on CBP’s concern that such searches are essential to prevent terrorists from transporting information over the border. CBP has stated that such searches are limited in scope, and that out of 400 million travelers passing through U.S. borders annually, only a tiny percentage are referred to secondary baggage inspection and of those, only a fraction have electronic devices that may be checked.
Despite the limited number of electronic devices that are checked, travelers need to be aware of what is on their computers and remove any problematic content. If the computer is used by others, check the browser history and make sure that the contents will not cause problems if searched.
For more information, read the August 11, 2008 statement by the Deputy Commissioner of US Customs and Border Protection
http://www.cbp.gov/xp/cgov/travel/admissability/labtop_inspect.xml
July 16, 2008 US Customs and Border Protection Policy regarding Border Search of Information
http://www.cbp.gov/linkhandler/cgov/travel/admissability/search_authority.ctt/search_authority.pdf