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An international trade group for travel executives is warning its members that government agents may seize and search travelers' laptop computers, discs and other electronic devices upon arrival in the United States or when departing for a foreign country.

The alert came last week at a meeting of the Association of Corporate Travel Executives in Barcelona, Spain. The organization has asked for clarification from the U.S. Customs and Border Patrol agency on "what steps, if any, are being taken to protect confidential business, privileged legal and personal information," Executive Director Susan Gurley said.

Security officials' ability to analyze travelers' electronic content came as a surprise to the majority of the group's members.

"The common belief is that there is a right to the privacy of one's computer," she said. "Yet it appears that there is none."

About 86 percent of members surveyed indicated that regulations that allow U.S. customs agents to examine or even confiscate digital data was enough to limit the kind of proprietary information that typically travels with them.

Accordingly, the group said it wants explicit guidelines on what passengers must consider when traveling with electronic devices and what inspection processes are to be expected.

Customs spokeswoman Lynn Hollinger said the government is "focused on preventing any kind of terrorist incidents, but at the same time, facilitating legitimate trade and travel."

Despite the travel executive group's anxiety, only about 1 percent of its poll's respondents said they or someone they knew had a laptop confiscated by the government. None who knew of confiscations were willing to talk to the media, group spokesman Jack Riepe said.

Peter Winch, national organizer for the American Federation for Government Employees, said customs screeners are "just doing what they're told" in standard operating procedures set by Homeland Security Department officials.

Rank-and-file personnel represented by the union are concerned with making sure electronic devices do not pose security threats. "I don't believe they're interested in what data you have in your computer," nor would they "know what to look for" with respect to sensitive personal or business data, Winch said.

Craig Bumpus, a manager with the data-security firm Utimaco, said traveling in and out of the United States under the existing "somewhat arbitrary" system can significantly compromise privacy and threaten business secrets. He recommended that passengers encrypt confidential data on their laptops, handheld devices and "smart" telephones.

Barry Steinhardt, director of the technology and liberty program for the American Civil Liberties Union, said security screeners' examination of devices "to see if they harbor contraband is one thing, but now they're looking at people's thoughts and writings and electronic mail. ... That really shouldn't be done without a warrant."

Steinhardt said the situation should "make people think twice" about safeguarding information that travels with them. "It may be that in a post 9/11 world we're all just so jaded that we just expect this kind of treatment. But I hope that's not true," he said.

COMMENTS

• I think DHS/CBP should be responding in full, but the basic concept existing in international law, not just the United States, is that all persons and belongings entering a country are subject to search. The article apparently infers that this is a U.S. program, when in effect, this rule applies to all international travelers at all ports of entry! It is a warrantless, but allowable search when crossing national borders. Since customs inspectors, in Brazil, Canada, Egypt, Japan or the United States can inspect your luggage or hand baggage or your person upon arrival, by natural extension, this search could include any materials you are carrying, including computers. While it is not normally part of the inspection procedure at any country that I have visited, it is nonetheless allowed ... same as a drug dog sniffing your bags or the customs inspector looking for smuggled currency, or the Agriculture dog looking for plants/vegetables, etc. I think this should be explained to your readers in a follow-up. I think the legal right to search should be explained by DHS/ICE, or any nations’ customs officials. My opinion, Jim James Minor Posted November 8, 2006 12:41 AM
• Three and a half years after the Bush administration abolished the oldest federal law enforcement agency, the United States Customs Service, GovExec.com still refers to U.S. Customs agents in its articles! Sorry guys, no such thing in practice, only in the spirit of us old guys. GovExec.com reader Posted November 4, 2006 10:11 PM