ACTE Warns Travelers To Clear Proprietary Info When Crossing
Borders
Anyone with plans to fly overseas --
and who's read Orwell's "1984" -- will want to pay close attention
to this next story. The Association of Corporate Travel Executives
(ACTE) tells ANN the group has issued an ominous warning to its
members worldwide, and to all business travelers: limit proprietary
information on laptop computers when crossing US borders, and to
eliminate any personal data -- including photographs, finances and
email that you do not want examined by Border Protection
authorities.
The warning follows a decision by a federal appeals court
earlier this week, giving customs officials open authority to
examine, copy, and seize travellers' laptops, without reasonable
suspicion.
"ACTE filed an Amicus brief contending that a traveller's laptop
was essentially intellectual property and not the same as luggage
nor freight," Susan Gurley, ACTE Global Executive Director, said.
"The court has disagreed and this decision will have significant
impact on business travellers who have no idea their data is
subject to search and seizure."
The association also argued there were no published guidelines
as to what might trigger a secondary inspection, or the seizure of
data or possibly the entire computer. According to Gurley, the
expectation of privacy at the border is considerably less than one
can expect in their home or office.
"In a time of heightened international security, it will take a
brave Congress to rule that parties may not be subject to
suspicionless searches," said Gurley. "The 9th Circuit Court of
Appeals missed a golden opportunity to preserve the rights of
Americans."
Gurley contends this issue will surface again when a more
compelling case winds its way to the Supreme Court, or additional
parties seek a legislative remedy to the problem.
A 2008 ACTE survey indicated that 81 percent of responding
travel managers were unaware that laptops and other electronic
devices that were seized could be held indefinitely. Sixty-five
percent of respondents stated that their companies have now
instituted a policy restricting the amount of sensitive or
proprietary data that could be carried on a laptop. That number is
expected to grow in the wake of this ruling.
ACTE's advice to business travellers states persons should avoid
carrying any confidential, personal information that they don't
want examined by third parties on your computer – or other
electronic devices; to purchase another "travel" computer, if
persons use their laptop as their primary home computer.
The group stresses it is not advising travelers to hide data
from US border authorities... but to take reasonable steps to
minimize the impact of its loss, or the inability to access it, in
the event it is seized.
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