Today I heard parts of a radio program that talked about crossing borders with laptops and the rights of the border officials to search your hard drive and even keep your laptop in order to search it at their leisure — and mail it back to you later. (Ha!) This report seemed to be mostly about activities at the USA-Mexico border.
Is this legal? Well, dubious. Seems that, in the USA, at least, there’s a rule that officials can search the contents of various and sundry items like your home, your car, office, files, even if they’re under lock and key. The courts can compel you to hand over the key. Why? A key is a physical object that does not reside in your brain. But if your computer hard drive is unprotected by a password that lives in your brain . . . well, it’s fair game.
It seems that there’s both a psychological and legal difference between handing over a physical key to a lock and divulging the combination to a combination lock. Officials can compel you to hand over that key in your pocket but they cannot compel you to utter information that resides in your brain that may make you guilty (as in the combination of a combination lock or the password of your computer). They can blow up a safe or bust your door down, but try though they may, it turns out that even the most sophisticated encryption decoders cannot decode the simplest computer password encryption. So you can take the fifth and tell them to just go ahead and blow up your hard drive. (Try not to smirk.)
So if you’re crossing a border and officials want to look at your computer, and access to your hard drive is password protected, they can’t make you tell them the password, I guess as long as you live in the USA. (Just don’t make it the marque of your motorcycle or your middle name, okay?) They might seize and even destroy maybe the computer but they can’t get inside to see the contents of your brain — I mean — hard drive.
So I thought, okay, here’s the first line of defense when traveling (and maybe even in daily life since we live in an era where big bro might decide at a moment’s notice that he’s justified under the patriot act). Use the built-in password protection on your computer — even though you have to log on every time you turn it on (and yes, whenever it goes to sleep for a while.) Yep, it’s a hassle, but you may find it really convenient one day.
I already have password protection for my computers. I have a guest account so if someone wants to use my laptop to write a letter or check my email, they can’t purposely or accidentally mess with my very carefully constructed file structure or change the preferences in my browser. (Don’t you hate it when that happens? It’s like somebody changing the radio station presets in your car.)
I thought this might be a good thing to do before traveling, especially around the world: Set up a guest account, and a "safe" account that has only Dear Mom letters and innocuous stuff like that, and your "real" account that has your browser preferences with bookmarks to you blog and your emails. Why go to all that trouble? Because if you’re pegged as a journalist in some countries, you could be in very, very, very big trouble. Travelers love to write "journals," and you might not want to be misunderstood in this world where bloggers in some regimes have been jailed for years, or worse.

Interesting!
I was already doing that in case my laptop was stolen, but I hadn’t thought of customs or other officials. We guys tend to visit websites we shouldn’t.
Maybe you could set up a dummy account for yourself, and if asked about the other, just say it’s your boyfriend’s account or something, and you don’t have the password.
I’m curious as to what “rights” you might have in this regard when traveling, especially in China?
The password protection on most computers is ridiculous. A simple Linux boot disk allows you to gain access to the hard drive. If the data on the drive is encrypted, that is another story.
You cannot make your hardrive completely safe, but you can make it unlikely and not worth their effor.
I am the communications director for the business travel organization (the Association of Corporate Travel Executives) that filed the amicus brief against the federal government on the laptop seizure issue. You don’t have to give them a password. They will simply seize the whole computer, or your iPOD, or camera, or cell phone and take the whole thing. They will give you a receipt and it’s all legal according to the 9th Circuit Court of Appeals. The decision was rendered on April 21, 2008 and applies to anyone crossing the border. They may hold your laptop or electronic device indefinitely, without any compensation.
So don’t have anything on your laptop that you don’t want a third party to see. Certainly not the laptop you travel with.
By the way, I ride a BMW K75.
Jack
www:acte.org
http://jackriepe.blogspot.com/
I am the communications director for the business travel organization (the Association of Corporate Travel Executives) that filed the amicus brief against the federal government on the laptop seizure issue. You don’t have to give them a password. They will simply seize the whole computer, or your iPOD, or camera, or cell phone and take the whole thing. They will give you a receipt and it’s all legal according to the 9th Circuit Court of Appeals. The decision was rendered on April 21, 2008 and applies to anyone crossing the border. They may hold your laptop or electronic device indefinitely, without any compensation.
So don’t have anything on your laptop that you don’t want a third party to see. Certainly not the laptop you travel with.
By the way, I ride a BMW K75.
Jack
www:acte.org
http://jackriepe.blogspot.com/