Declan McCullagh on the mixed news from a recent court ruling:
U.S. customs officials must have a reasonable justification before snatching your laptop at the border and scanning through all your files for incriminating data, a federal appeals court ruled today.
The Ninth Circuit Court of Appeals ruled that Homeland Security’s border agents must have “reasonable suspicion” before they can legally conduct a forensics examination of laptops, mobile phones, camera memory cards, and so on.
Today’s opinion is a limited — but hardly complete — rejection of the Obama administration’s claim that any American entering the country may have his or her electronic files minutely examined for evidence of criminal activity. Homeland Security has said the electronic border searches could detect terrorists, drug smugglers, and people violating “copyright or trademark laws.”