A bill has been introduced into Congress that would finally put protection and requirements in place before the Customs Service could confiscate your laptop, or perform an inspection of the data on the laptop without reasonable cause. The act further defines specific periods the equipment can be maintained and requires a warrant to be issued before a device could be seized. The bill also prohibits profiling and sets privacy requirements while the Customs Officials are looking at your computer or electronic device. I believe this is a step in the right direction, and a small return of our privacy and dignity that travelers lose every time they enter an airport, supposedly in the name of security. Our constitutional rights should not be thrown out the door in this current purgatorial zone of legality that currently exists at every US airport, and the comedic security measures that are taken, like removing your shoes, are doing little if anything to reduce the risk to the country or the particular flight you happen to be on. However, they are visible and easy, and that seems to be the mantra for the TSA – but I digress.
I still don’t believe you can legally be compelled to reveal your password, and the cases that have been tried have had so many other circumstances that had the person simply refused to divulge their password they would have probably prevailed. There is no judicial precedent on this matter, but it seems to be ill conceived on so many levels, not the least of which is the 5th amendment. Laptop computers and other electronic devices contain too much personal or corporate confidential information on them to simply let a government employee have complete access and copies of that data. Strong encryption and just one judicial precedence will hopefully end this matter for most of us law abiding citizens, and I’m sure the law breakers would never think to store this information in e-mail, or some other Internet storage application they can send back and forth across most borders without any checks.
But perhaps that is the government's next priority into our lack of privacy – let’s hope not.
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