After the Obama administration announced that it would be giving the Department of Homeland Security the power to search, seize and keep the electronic devices of travelers entering or exiting US borders, several civil rights groups stepped in. Believing that addressing security concerns is more important than the inconvenience that seized laptops, smart phones and other devices will cause travelers, the US government is prepared to fight its case in federal court. For the most part, judges believe that the government is well within its power to seize and search at will, but holding electronic devices without just cause may give the presiding judge in this case pause.
Although it can take computer forensic analysts several months to reconstruct deleted files and thoroughly inspect all data, a search warrant is almost always needed to seize and retain physical property. Federal officials are not saying how or why they are prompted to take the electronic devices of some travelers. For business people, losing important data saved on their laptops can be crippling. The American Civil Liberties Union has stated that the policy violates both the 1st and 4th amendments of travelers.
Some politicians have supported the rights of US citizens to be given a reason as to why their electronic devices may be seized. Although the law has been in effect since 2006, it was enforced until the year 2010. The outcome of this legal case may decide the future for electronics owners that wish to travel freely through US borders, but either party can appeal the ruling.
