LAX can search your laptop, no reason needed
A U.S. federal appeals court ruled yesterday that customs officers can search your laptop at the airport for absolutely no reason. No need for suspicious activity. You don’t even have to make a bomb joke (see below). Even if you look and act as innocent as a child, your laptop, cell phone and Blackberry are all fair game.
After a case involving a customs official finding porn on the laptop of a man from Orange County, California, the U.S. 9th Circuit Court of Appeals in San Francisco decided that customs officers don’t need reasonable suspicion to search your personal and electronic belongings coming over border checkpoints.
Officers randomly searched Michael Arnold’s laptop at LAX on July 17, 2005, and found folders with child pornography. Arnold faces charges of possessing and transporting child porn and attempting to engage in illicit sexual conduct abroad with a minor, according to the ruling.
The U.S. Supreme Court has ruled that evidence is not needed to search at a border in order to protect the country’s “territorial integrity,” and airports count as borders. Therefore, the appeals court decided, a laptop is no different from a suitcase and can be searched at an international border.
If a police officer pulled over Arnold while driving, and Arnold looked and acted completely normal, the officer would have no right to search Arnold’s trunk. If the officer found child porn or drugs in the trunk, he would have a hard time using it as evidence against Arnold in court.
And yet, put Arnold in an airport, and all the rules change.


I’m not sure why this is surprising. Custom agents at airports regularly search suitcases, sifting through all sorts of unmentionables which could possibly be embarrassing to the owner in search of contraband. No suspicious activity is required. Computers, like luggage, can carry contraband. Why be upset about one and not the other? It is, though, yet another reason to avoid air travel.
I see the arguments for and against.
It is the equivelant of reading your diary, all your literature, something totalitarian regimes have long done at borders to try to gauge the politics of visitors.
Journalists will be sensitive to this ruling for special reasons too. In some states, journalist’s computers enjoy hightened protections. For instance in Connecticut, you have to to show probable cause that a journalist’s computer, or notes, were used in the commission of a crime, and get a court warrant to take a peek into it.
At the border, another story.
Another indicator that journalists should keep any shred of confidential material off their computers, especially the names of anonymous stources.
Use encryption. That’s why god invented it.