Press Releases related to Travel Screening
Internal DHS Documents Detail Expansion of Power to Read and Copy Travelers' Papers
Quiet Changes in Policy Allow For Searches Without Suspicion of Wrongdoing
San Francisco - Recently obtained documents show that last year the Department of Homeland Security quietly reversed a two-decades-old policy that restricted customs agents from reading and copying the personal papers carried by travelers, including U.S. citizens. The documents were made public today by the Asian Law Caucus (ALC) and Electronic Frontier Foundation (EFF), which sued the government under the Freedom of Information Act (FOIA) to obtain policies governing the searches and questioning of travelers at the nation’s borders.
The documents show that in 2007, Customs and Border Protection (CBP) loosened restrictions on the examination of travelers' documents and papers that had existed since 1986. While CBP agents could previously read travelers' documents only if they had "reasonable suspicion" that the documents would reveal violations of agency rules, in 2007 officers were given the power to "review and analyze" papers without any individualized suspicion. Furthermore, whereas CBP agents could previously copy materials only where they had "probable cause" to believe a law had been violated, in 2007 they were empowered to copy travelers' papers without suspicion of wrongdoing and keep them for a "reasonable period of time" to conduct a border search. The new rules applied to physical documents as well as files on laptop computers, cell phones, and other electronic devices.
In July 2008, the Department of Homeland Security made public a new policy on examining travelers' papers and electronic devices that finalized many of the changes first implemented in 2007. The agency did not disclose, however, how much the new policy deviated from rules that had been in place since 1986. The FOIA documents from ALC's and EFF's suit included the original policy, which had been adopted after a group of U.S. citizens challenged the practices of the 1980s as violating First Amendment rights.
"For more than 20 years, the government implicitly recognized that reading and copying the letters, diaries, and personal papers of travelers without reason would chill Americans' rights to free speech and free expression," said Shirin Sinnar, ALC staff attorney. "But now customs officials can probe into the thoughts and lives of ordinary travelers without any suspicion at all."
In February 2008, ALC and EFF sued the Department of Homeland Security for failing to disclose its policies on searching and questioning travelers at U.S. borders. ALC, a San Francisco-based civil rights organization, received more than two dozen complaints since last year from U.S. travelers, mostly of Muslim, South Asian, or Middle Eastern origin, who said they were grilled about their families, religious practices, volunteer activities, political beliefs, or associations when returning to the United States from travels abroad. In addition, these individuals said that CBP agents examined their books, handwritten notes, personal photos, laptop computer files, and cell phone directories, and sometimes made copies of this information. The documents from the FOIA request show that CBP's wide latitude to collect this data attracted significant attention from other law enforcement agencies that sought to access it.
"Your laptop computer likely contains a massive amount of private information such as personal emails, financial data or confidential business records," said EFF Staff Attorney Marcia Hofmann. "The Department of Homeland Security has given its agents increasingly broad authority to search, copy, and store that information. Congress needs to step in now to stop these invasive practices and protect travelers' privacy."
The newly released documents, which total 661 pages, also reveal that:
* In 2004, CBP adopted a directive on responding to "potential terrorists" seeking to enter the United States. The directive, which was revised in 2006, called for intensive questioning and document review of individuals who were flagged as "known or suspected" terrorists.
* CBP appears to have no policy constraining agents from questioning travelers on their religious practices or political views, in spite of the fact that many travelers have complained about being grilled on such First Amendment-protected activities.
* According to the Tucson, Arizona, field office of CBP, a database developed within that office to gather and disseminate intelligence on possible terrorists was to serve as a model for a national database.
ALC and EFF plan to challenge the government's withholding of portions of many of these documents in federal district court this fall.
For the complete set of FOIA documents and more detailed analysis:
http://www.eff.org/cases/foia-litigation-border-searches.
To interview an individual questioned or searched by CBP:
Contact Shirin Sinnar at 415-848-7714 or shirins@asianlawcaucus.org
Contacts:
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Shirin Sinnar
Staff Attorney
Asian Law Caucus
shirins@asianlawcaucus.org
European Lawmaker Sues U.S. Agencies to Obtain Travel-Related and Other Personal Information
Lawsuit Tests U.S. Assurances of Access Rights for EU Citizens
Washington, D.C. - The Electronic Frontier Foundation (EFF) filed suit on behalf of a member of the European Parliament today, demanding that the U.S. government release records about her "risk assessment" score and other information gathered about her during her international travels. The lawsuit comes just days after the disclosure that the U.S. and the European Union may soon finalize an agreement authorizing the transatlantic exchange of large amounts of personal data.
Sophia In 't Veld represents the Netherlands in the European Parliament and serves on the Committee on Civil Liberties, Justice, and Home Affairs. She has been actively engaged in developing policies concerning the exchange of travelers' data between the U.S. and the European Union (EU).
During the ongoing and contentious debates between the U.S. and the EU over travelers' records and the privacy rights of EU citizens, the U.S. government has repeatedly claimed that any person can obtain her records through a Freedom of Information Act (FOIA) request. To test those assurances, In 't Veld filed FOIA requests with the Homeland Security, Justice, and State Departments, asking for any information about her that is included in the various U.S. programs and systems used to track international travelers. However, the agencies have failed to comply with the requests as required by federal law.
"The question of redress is the sticking point in the current discussions about data exchanges between the United States and the EU," said In 't Veld. "That dispute underscores the importance of this case; it shows that gaining access to personal data held by U.S. agencies is very difficult, if not impossible."
Among other records, In 't Veld specifically requested data about herself that is included in the Automated Targeting System (ATS) -- a Department of Homeland Security project that creates and assigns "risk assessment" scores to travelers as they enter and leave the U.S. Once the assessment is made, there is no way to challenge it, and the government will retain the information for many years -- as well as make it available to federal, state, local, and foreign agencies in addition to contractors, grantees, consultants, and others.
"Ms. In 't Veld's experience shows the inaccuracy of U.S. assurances that EU citizens can gain easy access to personal information held in agency databases," said EFF Senior Counsel David Sobel. "The truth is that it is virtually impossible for any individuals --even U.S. citizens -- to access information about themselves that is collected and maintained by American security agencies. It's important that EU officials and citizens understand the reality of the situation before moving forward with a sweeping agreement on the exchange of sensitive personal data."
This FOIA lawsuit is part of EFF's ongoing work to protect travelers from privacy-invasive programs at the U.S. border. EFF has also filed suit against DHS for denying access to public records on the questioning and searches of travelers at U.S. borders and called on Congress to investigate the random, suspicionless searches of laptops and electronic devices.
For the full complaint:
http://www.eff.org/files/int_veld_complaint.pdf
For more on the U.S./EU data sharing agreement:
http://www.nytimes.com/2008/06/28/washington/28privacy.html
For more on travel screening:
http://www.eff.org/issues/travel-screening
For more on FOIA:
http://www.eff.org/issues/foia
Contacts:
David Sobel
Senior Counsel
Electronic Frontier Foundation
sobel@eff.org
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
EFF to Testify at Congressional Hearing on Electronic Searches at U.S. Borders
Wednesday Hearing on Laptop Searches and Other Privacy Violations
Washington, D.C. - On Wednesday, June 25, at 9 a.m., members of the U.S. Senate Judiciary hearing will hold a public hearing on laptop searches and other privacy violations faced by Americans at the U.S. border.
Senior Staff Attorney Lee Tien of the Electronic Frontier Foundation will appear at Wednesday's hearing to urge more congressional investigation and oversight of the Department of Homeland Security's border search practices and policies. While the U.S. Supreme Court has ruled that customs and border agents can perform "routine" searches at the border without a warrant or even reasonable suspicion, increasingly Americans are complaining about random and invasive searches of their laptops, cell phones, and other digital devices as they come home from overseas travel. In a typical search, U.S. border officials will turn on the device and then open and review files. If agents see something of interest, they may copy data or confiscate the device -- even if the traveler is not suspected of criminal activity.
"These ongoing baseless searches of electronic devices at America's borders are not 'routine,' they're unreasonable," said Tien. "It's hard to imagine something more invasive than a wholesale copying of private files from a personal computer. We need Congress and the courts to recognize a standard for digital searches and seizures at the border that protects the privacy, property, and free speech rights of Americans in the Information Age."
WHO:
Lee Tien
Senior Staff Attorney Electronic Frontier Foundation
WHAT:
"Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel"
U.S. Senate Judiciary Subcommittee on the Constitution
WHEN:
9 a.m.
Wednesday, June 25
WHERE:
Dirksen Senate Office Building
Room 226
Washington, D.C.
For more on the hearing:
http://judiciary.senate.gov/hearing.cfm?id=3420
Contacts:
Rebecca Jeschke
Media Coordinator
Electronic Frontier Foundation
press@eff.org
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
Judges Urged to Curtail Random Searches of Travelers' Laptops
EFF Asks for Review of Flawed Appeals Court Ruling
San Francisco - The Electronic Frontier Foundation (EFF) and the Association of Corporate Travel Executives (ACTE) urged an appeals court today to review a flawed decision allowing random and invasive searches of travelers' computers at the U.S. border.
The news media has reported extensively on these searches as well as the surprise and anger felt by American travelers when they are singled out for inspection. In a typical search, U.S. border officials will turn on the computer and then open and review files. If agents see something of interest, they may confiscate the computer, copy its contents, and sometimes provide a copy to the Department of Justice -- even when the traveler is not suspected of criminal activity. In some cases, travelers have never gotten their computers back from the government.
In an amicus brief filed today, EFF and ACTE asked the full 9th U.S. Circuit Court of Appeals to rehear and reverse an appeals panel decision in United States v. Arnold, which upheld this blanket search and seizure power. While the U.S. Supreme Court has ruled that customs and border agents can perform "routine" searches at the border without a warrant or even reasonable suspicion, these ongoing baseless searches of electronic devices at America's borders are unconstitutionally invasive.
"Searching a laptop is very different from searching a briefcase. Your computer contains a vast amount of information about your private life, including details about your family, your finances, and your health," said EFF Senior Staff Attorney Lee Tien. "All that information can be easily copied, transferred, and stored in government databases, just because you were chosen for a random inspection."
These suspicionless laptop searches and data seizures violate the Fourth Amendment's prohibition against unreasonable search and seizure. The unique nature of electronic information stored on computers and other portable devices requires the courts to recognize a standard that protects the privacy of Americans in the Information Age.
"The implications of unfettered data collection are staggering," said ACTE Executive Director Susan Gurley. "Border authorities may now systematically collect all information on every laptop computer, BlackBerry, or other device carried across our border. The government can then store and search all that data without any justification or oversight by any court. This simply does not square with the Fourth Amendment."
The EFF-ACTE amicus brief was prepared by Arent Fox LLP.
For the full amicus brief:
http://www.eff.org/files/filenode/US_v_arnold/amicusjune08.pdf
For more on US v. Arnold:
http://www.eff.org/cases/us-v-arnold
Contacts:
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
Susan Gurley
Executive Director
Association of Corporate Travel Executives
susan@acte.org
Congress Must Investigate Electronic Searches at U.S. Borders
Broad Coalition Urges Hearings on Intrusive Search and Seizure of Electronic Devices
San Francisco - The Electronic Frontier Foundation (EFF) and a broad coalition, including civil rights groups, professional associations and technologists, called on Congress today to hold oversight hearings on the Department of Homeland Security's search and seizure of electronic devices at American borders.
The press has widely reported disturbing stories about U.S. citizens subject to intrusive searches of their laptops and cell phones. But a recent court decision found that customs officials can search travelers' computers at the border without suspicion or cause. In a letter sent to the House and Senate Homeland Security and Judiciary committees today, the coalition urges lawmakers to consider passing legislation to prevent abusive search practices by border agents and to protect all Americans from suspicionless digital border inspections.
"Our computers, cell phones, and other electronic devices hold a vast amount of personal information like financial data, health histories, and personal emails and letters," said EFF Staff Attorney Marcia Hofmann. "In a free country, the government cannot have unlimited power to read, seize, and store this information without any oversight."
So far, the Department of Homeland Security has refused to release its policies and procedures for conducting these intrusive searches. EFF and the Asian Law Caucus have filed suit against the Department of Homeland Security to obtain the information through the Freedom of Information Act.
"Your privacy could be at risk even if you don't travel yourself. Your financial institution, your insurer, and other enterprises hold extensive personal data about you and your family," said EFF Senior Staff Attorney Lee Tien. "If agents of those groups travel internationally, your information could be exposed to officials at the border or potentially copied and stored in government databases. Americans should know how and why electronic data is seized and kept by the government, and who is able to access it at the border and in the years afterwards."
In addition to EFF, the coalition signing today's letter includes more than 40 organizations and individuals, including the Association for Corporate Travel Executives, the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the Rutherford Institute, and prominent technologists such as Bruce Schneier and Whitfield Diffie.
For the full letter to Congress:
http://www.eff.org/press/archives/2008/05/01/border-search-open-letter
For more on EFF's suit on border searches:
http://www.eff.org/cases/foia-litigation-border-searches
Contacts:
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
Civil Liberties Groups Sue Homeland Security for Records on Intrusive Questioning and Searches of U.S. Travelers
Information Sought in Response to Growing Complaints of Harassment at U.S. Borders
San Francisco - The Asian Law Caucus (ALC) and Electronic Frontier Foundation (EFF) filed suit today against the U.S. Department of Homeland Security (DHS) for denying access to public records on the questioning and searches of travelers at U.S. borders. Filed under the Freedom of Information Act, the suit responds to growing complaints by U.S. citizens and immigrants of excessive or repeated screenings by U.S. Customs and Border Protection agents.
ALC, a San Francisco-based civil rights organization, received more than 20 complaints from Northern California residents last year who said they were grilled about their families, religious practices, volunteer activities, political beliefs, or associations when returning to the United States from travels abroad. In addition, customs agents examined travelers' books, business cards collected from friends and colleagues, handwritten notes, personal photos, laptop computer files, and cell phone directories, and sometimes made copies of this information. When individuals complained, they were told, "This is the border, and you have no rights."
"When the government searches your books, peers into your computer, and demands to know your political views, it sends the message that free expression and privacy disappear at our nation's doorstep," said Shirin Sinnar, staff attorney at ALC. "The fact that so many people face these searches and questioning every time they return to the United States, not knowing why and unable to clear their names, violates basic notions of fairness and due process."
ALC and EFF asked DHS to disclose its policies on questioning travelers on First Amendment-protected activities, photocopying individuals' personal papers, and searching laptop computers and other electronic devices. The agency failed to meet the 20-day time limit that Congress has set for responding to public information requests, prompting the lawsuit.
"The public has the right to know what the government's standards are for border searches," said EFF Staff Attorney Marcia Hofmann. "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 travelers."
When Nabila Mango, an American citizen and San Francisco therapist, returned from a trip to the Middle East in December, customs agents at San Francisco International Airport asked her to name every person she had met and every place she had slept during her travels. They also searched her Arabic music books, business cards, and cell phone, and may have photocopied some of her papers.
"In my 40 years in this country, I have never felt as vulnerable as I did during that interrogation," Mango said. "I want to find out whether my government is keeping files on me and other Americans based on our associations and ideas."
Amir Khan, an IT consultant from Fremont, California and a U.S. citizen, is stopped each time he returns to the country. Customs officials have questioned him for a total of more than 20 hours and have searched his laptop computer, books, personal notebooks, and cell phone. Despite filing several complaints, Khan has yet to receive an explanation of why he is repeatedly singled out.
"One customs officer even told me that no matter what I do, nothing would improve," said Khan. "Why do I have to part with my civil liberties each time I return home?"
For a copy of the complaint:
http://www.eff.org/files/filenode/alc/alc-complaint.pdf
Contacts:
Marcia Hofmann
Staff Attorney
Electronic Frontier Foundation
marcia@eff.org
Shirin Sinnar
Staff Attorney
Asian Law Caucus
shirins@asianlawcaucus.org
American Travelers to Get Secret 'Risk Assessment' Scores
EFF Fights Huge Data-Mining Program Set for Rollout on U.S. Borders
Washington, D.C. - An invasive and unprecedented data-mining system is set to be deployed on U.S. travelers Monday, despite substantial questions about Americans' privacy. In comments sent to the Department of Homeland Security (DHS) today, the Electronic Frontier Foundation (EFF) asked the agency to delay the program's rollout until it makes more details available to the public and addresses critical privacy and due process concerns.
