In a document titled “Foreign Travel Threat Assessment: Electronic Communications Vulnerabilities,” published June 10 by the DHS’s critical infrastructure threat analysis division and recently posted to Wikileaks, DHS urges business leaders and U.S. officials to “leave [electronic devices] at home” when traveling.
Recognizing that for some it may be impossible to travel without a laptop and phone, DHS recommends buying a single-use cell phone locally, carrying a designated “travel” laptop with a minimum of information on it, and using temporary Internet e-mail accounts that are not associated with a corporate or government entity.
“Even with these strategies, however, travelers should assume that all communications are monitored,” the DHS Threat Assessment says. “All visitors should be aware that they have no reasonable expectation of privacy in public or private locations,” the bureau warned.
Peter P. Swire, a law professor at Ohio State University’s Moritz College of Law and a senior fellow at the Center for American Progress, says travelers ought to take such warnings seriously and practice good computer hygiene.
Nonroutine searches, such as a strip search, are distinguished by their invasiveness and require a “reasonable suspicion” that the person searched is involved in an illegal activity. It’s not clear from a legal perspective whether laptop searches are routine or nonroutine, and it probably won’t be until the Supreme Court rules on the issue or Congress passes a law requiring reasonable suspicion for searches of electronic devices, which could happen next year.
http://www.informationweek.com/news/security/vulnerabilities/showArticle.jhtml?articleID=210601724