Home > All Mercertown Blog Posts, Industry Changes > New directives on U.S. border searches of electronic media are published

New directives on U.S. border searches of electronic media are published

Department of Homeland Security (DHS) Secretary Janet Napolitano has announced new directives to enhance and clarify oversight for searches of computers and other electronic media at U.S. ports of entry. The new directives address the circumstances under which U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) can conduct border searches of electronic media—consistent with the Department’s Constitutional authority to search other sensitive non-electronic materials, such as briefcases, backpacks and notebooks, at U.S. borders. The announcement states that searches of electronic media, permitted by law and carried out at borders and ports of entry, are vital to detecting information that poses serious harm to the United States. CBP will ensure training materials and procedures promote fair and consistent enforcement of the law relating to electronic media searches. CBP will also provide travelers subject to electronic device searches with clear and concise material informing them of the reasons for the search, how their data may be used and detailed information about their constitutional and statutory rights.

Travelers to the U.S. having concerns about the possible search of their computer or electronic media may wish to review the directives.

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  1. jpdubois
    September 4, 2009 at 9:18 am

    Is this not the same people who pitched such a fit when they found out the government was monitoring phone calls between potential terrorist?

    • Jason Schaftlein
      September 4, 2009 at 9:35 am

      no comment

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