Canadian Privacy Issues

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Crossing the U.S. border with your laptop, cell phone, iPod or video camera? Better think twice.

U.S. customs agents were recently given new powers to seize notebook computers and other electronic devices of Americans and travelers of other nationalities at the border as part of an anti-terrorism program.

A recently released U.S. Department of Homeland Security (HDS) policy indicates that agents do not need suspicion of wrongdoing to confiscate the electronic devices and that data contained in the devices may be shared with other agencies for decryption or other purposes. The policy covers laptops, MP3 players, pagers, cell phones, PDAs, voice recorders, digital and video cameras.

Customs and border agents have in fact been conducting the seizures for sometime, but it was only in July 16 that the policy regarding the searches was released amid pressure from civil liberties and business travel groups.

"The Canadian government should take the appropriate legal avenues to pressure the U.S. to review these policies," says David Fewer, staff counsel for Canadian Internet Policy and Public Interest Clinic (CIPPIC), an Ottawa-based public advocacy group.

Canadian travelers should let their local members of parliament know that they are strongly opposed to the practice, Fewer said. "This essentially constitutes a warrantless search and seizure."

"Just because a traveler is crossing the U.S. border doesn't mean his of her privacy has to fly out the window," the lawyer said.

The new guidelines will "needlessly" exacerbate long queues and delays at U.S.-Canada entry points for both business and leisure travelers, he added.

The search is a "reactionary short-term move" which saddles Canadian businesses with additional burden and costs when conducting cross-border activities, according to David Senf, director of research for Canadian security and infrastructure software at IDC Canada.

"I hope that this is just a tempest in a teapot...If this new set of powers is applied broadly, Canada and other nations should consider taking action to mitigate its