The Pornography of Laptop Searches

執筆者
Roy Mark
Roy Mark
Published: May 28, 2008
Updated: Feb 2, 2021
2 minute read
eWeek のコンテンツおよび製品のおすすめは、編集上の独立性を保っています。パートナーへのリンクをクリックすると、当社が報酬を得る場合があります。 詳細を見る

The government is again using its favorite boogeyman–child pornography–to push the likely limits of the U.S. Constitution’s proscription against unreasonable search and seizures. The latest flash point is an April court decision that the Fourth Amendment does not require U.S. Customs agents to have reasonable suspicion before searching laptops and other digital devices.

You read that correctly. Yes, Customs can search your laptop on what amounts to nothing more than a whim. They can then copy the entire contents of your laptop, including proprietary business information, trade secrets and other privileged information. Or, perhaps, Customs will just grab your iPod and check it to make sure all your portable music is legal.

As the feds see it, your laptop is no different than a suitcase or a bag, which are routinely searched at international borders. As the Public Liaison Office at the U.S. Customs Headquarters in Washington recently put it: “[L]aptop computers may be subject to detention for violation of criminal law … if the laptop contains information with possible ties to terrorism, narcotics smuggling, child pornography or other criminal activity.”

And just how does a Customs agent determine if a laptop may contain suspicious material? No one is really sure and no one at Customs is talking. The courts, however, are.

Which brings us to Michael Timothy Arnold, a 43-year-old California resident who is facing transporting child pornography charges after Customs officials seized his laptop at LAX as Arnold was returning from a trip to the Philippines. The only probable cause was that the Philippines are renowned for their child porno (so I’m told).

A Los Angeles district court booted the case on the grounds that the examination of laptop files was unreasonable, overly invasive and violated Arnold’s Fourth Amendment rights. The court ruled that Customs failed to articulate any kind of reasonable reason for searching the laptop in the first place.

The Ninth Circuit Court of Appeals, though, reversed that decision, ruling that Customs needs no particular reason to search laptop contents. The Ninth said laptop searches are not fundamentally different than searches of luggage. The court gave no consideration at all of a laptop, as opposed to a suitcase, containing vast stores of information both personal and professional.

Advertisement

“Law firms, corporations and other entities that routinely deal with confidential information are handing their business travelers forensically clean laptops loaded with only what the traveler needs for that particular business trip,” writes the Electronic Frontier Foundation. “Leaving unnecessary data, like five years of e-mail, behind may be the best thing. Of course, if trade secrets or client information are the reason for the trip, this plan will not help.”

Probable cause is the only thing that helps here.

Roy Mark

Roy Mark

Content Writer

Roy Mark is a Datamation contributor.

eWeek Logo

eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site's focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

TechnologyAdvice が所有・運営しています。 © 2026 TechnologyAdvice. 無断転載を禁じます

広告主に関する開示:このサイトに掲載されている製品の一部は、TechnologyAdvice が報酬を受け取っている企業のものです。この報酬は、製品がこのサイトのどこにどのように表示されるか(表示される順序など)に影響する場合があります。TechnologyAdvice は、市場で入手可能なすべての企業やすべての種類の製品を掲載しているわけではありません。