Interesting People mailing list archives
Searching a laptop not same as searching a backpack
From: David Farber <dave () farber net>
Date: Thu, 7 Aug 2008 16:53:50 -0700
________________________________________ From: Peter Swire [peter () peterswire net] Sent: Thursday, August 07, 2008 7:44 PM To: David Farber Subject: [IP] Searching a laptop not same as searching a backpack Dave: Here are some responses to Rob Atkinson's question about why searching a laptop is different from traditional border searches: "Note To DHS: Searching A Laptop Is Not The Same As Searching A Backpack" -- http://thinkprogress.org/2008/08/07/dhs-laptop-response/ 1. Laptop searches last far longer. The backpack search is complete when the traveler leaves the border. For a typical laptop, the government can make a copy and then search every file at its leisure. 2. It's like searching your home. Our laptops contain family photos, medical records, finances, personal diaries, and all the other detailed records of our most personal lives. Having the government rummage through all these files is like searching your home, and that requires a probable cause warrant. 3. Confidential and privileged information. Many kinds of confidential information are in laptops, including journalists' notes about an investigative story, trade secrets and other key business information, and many more. Lawyers' laptops contain attorney-client privileged information, as reinforced by a recent case that says the privilege is lost once the government sees a file during a search. The post encourages readers to post additional differences at the Homeland Security thread on this topic: http://www.dhs.gov/journal/leadership/2008/08/answering-questions-on-border-laptop.html Peter Prof. Peter P. Swire C. William O'Neil Professor of Law Moritz College of Law The Ohio State University Senior Fellow, Center for American Progress (240) 994-4142, www.peterswire.net ==============================
Their basic point remains the same customs has checked people¹s items at the border for 200 years, so they can check your laptop.
It's not a bad point and Jayson Ahern's explanation sounds pretty reasonable. Is there a decent rebuttal? Does anyone believe that Customs shouldn't search briefcases and luggage? In response to your first post that started the earlier string on the topic, Dave posted my comment which said, in part,:
So, for those IPers who are aghast at the current situation, what is the best argument for distinguishing a laptop from a briefcase or luggage and the best argument that a laptop is so "personal" that a search of a laptop is similar to a body cavity search? (And is there is valid difference between a "business" laptop (more like a briefcase?) and a "personal" laptop (more like a body cavity?) and how would Customs be able to distinguish between them without looking inside?)
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Current thread:
- Searching a laptop not same as searching a backpack David Farber (Aug 07)
- Re: Searching a laptop not same as searching a backpack and a test of a new way of sending on IP Stewart Baker (Aug 17)
- Re: Searching a laptop not same as searching a backpack David Farber (Aug 17)
- <Possible follow-ups>
- Re: Searching a laptop not same as searching a backpack David Farber (Aug 17)
- Re: Searching a laptop not same as searching a backpack and a test of a new way of sending on IP Stewart Baker (Aug 17)