Two civil rights watchdogs today filed a lawsuit against the
US Department of Homeland Security after a number of travellers
complained that their laptops, mobile phones and other electronic
devices had been excessively screened at border entry points.
Internet watchdog Electronic Frontier Foundation and civil
liberty group Asian Law Caucus (ALC) brought the suit under
the Freedom of Information Act (FOIA).
The lawsuit (pdf), which was filed in the US District Court
in San Francisco, calls for the Customs and Border Protection
(CBP) unit of the DHS to cough up records that detail the "questioning,
search and inspection" methods used on travellers who enter
or return to the US through a number of ports.
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The two lobby groups said they were prompted to act following
more than 20 complaints by Californian citizens and residents,
who told the ALC that they had been unduly harassed by CBP agents.
According to the EFF, US citizen Amir Khan – an IT consultant
working in Fremont, California – has been stopped every
time he returns to the country from travels abroad.
He claimed that custom officials searched his laptop, books,
personal notebooks and mobile phone. Khan also said that he
has been held for questioning for more than 20 hours.
Other individuals made similar complaints as well as saying
that the agency had grilled them about their religious practices,
families, political beliefs and other activities on their return
to the US from travels abroad.
The lawsuit follows the DHS's failure to meet the 20-day time
limit that Congress had set for responding to public information
requests, said the EFF.
The group's staff attorney Marcia Hofmann said in a statement:
"The public has the right to know what the government's
standards are for border searches. Laptops, phones, and other
gadgets include vast amounts of personal information.
"When will agents read your email? When do they copy data,
where is it stored, and for how long? How will this information
follow you throughout your life? The secrecy surrounding border
search policies means that DHS has no accountability to America's
travellers."
The CBP, which was not available for comment at time of writing,
opened a new FOIA office in October last year under the Office
of International Trade with the aim of improving agency disclosure
of information.