Source: Beta News
In what was presented to the public this week as a clarification of its privacy policy, the US Dept. of Homeland Security published a paper referring to new guidelines for its immigration and customs agents regarding how they may conduct border searches of travelers' computers and electronic media. Clarifying the existing law, both sets of guidelines reiterated the department's policy created during the previous administration: Agents may seize, detain, and/or retain individuals' PCs and media without having reason to suspect that those people or those machines and devices are connected with a crime.
"ICE [Immigration and Customs Enforcement] Special Agents acting under border search authority may search, detain, seize, retain, and share electronic devices, or information contained therein, with or without individualized suspicion, consistent with the guidelines and applicable laws set forth herein," states the new policy for immigration authorities published last August 18 (PDF available here). "Assistance to complete a border search may be sought from other Federal agencies and non-Federal entities, on a case by case basis, as appropriate."
The guidelines for Customs & Border Patrol (CBP) agents says pretty much the same thing, adding that whenever a CBP agent encounters technical trouble figuring out how a mechanism works, or what the meaning of some piece of information is, he can seek help from other US government sources. "In such situations, Officers may transmit electronic devices or copies of information contained therein to seek technical assistance from other federal agencies," reads the CBP guidelines (PDF available here).
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