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The Honolulu Advertiser
Posted on: Monday, August 4, 2008

Laptop searches put privacy rights at risk

Anyone who has navigated airport security knows that the right to privacy is not absolute. Everyone and everything gets scanned, inspected, pawed over and sometimes confiscated. It's become routine, and is perfectly legal.

But the recent revelation that federal agents can seize a traveler's laptop or other electronic device, keep it for an undefined period, search through and distribute copies of its contents — all without a warrant or even suspicion of wrongdoing — raises important questions about how much we are willing to erode our civil liberties in the name of national security.

The policies, promulgated July 16, apply to anyone entering the country, including U.S. citizens. Their stated purpose: to detect information about everything from terrorist plots to child pornography to trademark violations.

The policies are too loose. No criteria for who can be searched is specified. A "reasonable period of time" is permitted to hold and search electronic devices. Copies of cleared files must be destroyed, but not written notes or reports about them.

Searching vehicles, luggage and other materials at U.S. borders without suspicion has long been considered under federal law to be legal.

But a laptop is not just another piece of luggage. More and more, it's an extension of our lives. It can contain confidential information, such as business secrets, lawyer-client exchanges or personal financial or medical data. The same is true for smaller devices, such as PDAs and cell phones.

Furthermore, computer files are not the same as guns, or shoe bombs, or bottles containing more than three ounces of liquid.

The procedures should be different. They should also be more specific, more transparent and more limited.

An American's right to privacy is precious; Congress should ensure that it's not allowed to be whittled away.