Obviously the state sees it as an electronic luggage check.
http://www.nytimes.com/2008/01/07/us...=1&oref=slogin
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The search was not unusual: the government contends that it is perfectly free to inspect every laptop that enters the country, whether or not there is anything suspicious about the computer or its owner. Rummaging through a computer’s hard drive, the government says, is no different than looking through a suitcase.
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At least one judge, apparently the man who made an initial ruling which as now been overturned, thinks otherwise.
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“Electronic storage devices function as an extension of our own memory,” Judge Pregerson wrote, in explaining why the government should not be allowed to inspect them without cause. “They are capable of storing our thoughts, ranging from the most whimsical to the most profound.”
Computer hard drives can include, Judge Pregerson continued, diaries, letters, medical information, financial records, trade secrets, attorney-client materials and — the clincher, of course — information about reporters’ “confidential sources and story leads.”
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The article is pretty interesting and gets a lot of different views, like one from a business group who says that the government could potentially copy everything going through the boarder if it wanted to, which amounts to electronic surveillance.
It also goes on to talk about a different case of a Canadian living in the States who had his laptop seized when child pornography was found on it after he helped a boarder guard open an encrypted file. Later, officials couldn't reopen the encrypted file and ordered the guy to provide the passwords, but the subpoena was quashed under the 5th amendment.
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Originally Posted by onetwo_threefour
Not to be an apologist for Big Brother, but when you are travelling across country borders, you are an alien to at least one of the countries you are dealing with and can't really expect them to afford you all of the same protections as a citizen. I think privacy rights are important in a free and democratic society, but international security and the need to stop cross-border trafficking of dangerous substances should trump privacy I think. Only an idiot would transport illegal substances across an international border.
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Originally Posted by mykalberta
+1 Totally agree, while crossing the border you dont deserve the same rights as someone already legally in the country.
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You guys do realize that this applies to anybody crossing the border? American citizens who are "already legally in the country" are subject to search too.
What kind of dangerous substances are you going to get from an electronic file off a cell phone or laptop? The only thing I can think of is finding child porn. You can't traffic drugs or weapons on a hard drive. If that's your reasoning, I assume you'd be a-okay with whimsical strip and cavity searches because there's actually a chance you'll find some dangerous substances there.