DHS Secretary Janet Napolitano has announced new directives covering searches of computers and other electronic media at U.S. ports that it says are consistent with its authority to search other materials such as briefcases, backpacks and notebooks.
Ostensibly to detect evidence related to terrorism or child pornography, from October 2008 through August 2009 CBP searched about 1,000 devices at ports, but just 46 times "in-depth."
It is now developing automated, "comprehensive data collection and analytic tools to facilitate accurate, thorough reporting on electronic media searched at the border, the outcomes of those searches and the nature of the data searched—further enhancing transparency and accountability."
According to the directive, CBP officers may examine electronic devices and may review and analyze the information encountered with or without suspicion, including legal materials, medical records, and journalists’ work-related materials. Employees are supposed to consult with senior personnel when encountering sensitive materials.
Searches may take place on or off-site, and should take no longer than five days. The directive does not limit the authority of CBP to share copies of information with federal, state, local and foreign law enforcement agencies.
DHS said it would issue training materials covering privacy, and inform travelers selected for such a search as to why they are being searched, how the data could be used and what their constitutional and statutory rights are.