US Customs Has The Right To Search Your Laptop Without Cause : What You Can Do

Web: www.fishfoto.com -- E-Mail: fish@flyingwithfish.com

1/08/2008 – US Customs Has The Right To Search Your Laptop Without Cause : What You Can Do

Over the past few weeks there have been many discussions between business travelers related to the U.S Customs & Boarder Protection's (US CBP) announcement that have the absolute right to detain laptops and all other digital storage devices for the review of the data upon entry into the United States. This full disclosure from US CBP was released on the 16th of July 2008 and was previously supported by ruling dating back to 2006 by the United States Court of Appeals for the Ninth Circuit (9th Circuit Court).

I am discussing this today because of a flurry of e-mail received this morning regarding an article in the Washington Post today regarding this subject. I'm not sure why the Washington Post decided to place this on page A1 this morning, as it is not breaking news, but a long standing US CBP policy that is not new.

So what does this mean for travelers entering the United States when crossing through a US CBP screening area? It means that anything you have with you, from a Post-It note in your pocket to your Blackberry is subject to being detained and reviewed. The US CBP is able to review anything they'd like without any probably cause or suspicion and this can happen to anyone, both foreigners entering the United States and United States Citizens.

While the policy is alarming to many it has been in place for years, even prior to the 2006 ruling by the 9th Circuit Court. When you enter the United States (or most any other country) the area between your gate the terminal you are not technically admitted to the country yet. Even once your passport has been stamped you may still be stopped by Customs and have your bags checked at their discretion and without cause, because you are not in the country yet. Once you cross through the exit into the public space in the terminal THEN you are in the country and then you can argue your liberties (depending on the country).

I am not going to go into the details what the reasoning behind the policy established by the U.S. Department of Homeland Security (US DHS) and the US CBP, but I will give some business travelers options on how to avoid these problems should you get stopped.

Clearly the biggest issue is for those that work in professions that require confidentiality, such as lawyers, doctors, government contractors, technology, etc. Having anyone review your documents can technically be illegal, and this is especially true of those in the medical field. This US CBP policy directly conflicts with doctor-patient laws in the United States.

If you worry about your data being reviewed you can use software that fully backs up your computer, then you can wipe the hard drive and enter the United States with a clean computer. One way some business are doing this is by using software, such as TrueCrypt, to back up the computer in it's entirely, uploading the file created by TrueCrypt to an FTP site, then wiping the computer clean. Upon entry into the United States not only is the data protected by an encrypted password, but also the computer is essentially clean. If you choose to unlock the computer for the US CBP they can see nothing by a clean machine.

Some business travelers who use Mac have been backing up their entire system via Apple's TimeMachine, then FedExing that drive home, overnight while uploading the last un-backed up files to an FTP then wiping the machine. Again, working this way allows you to cross US CBP with a totally clean machine; there is no data for US CBP to review. When you get home you hook the external drive to the laptop and fully restore the laptop (including software) to how it was before you wiped the drive.

I know these are extreme measures, and there is nothing on my laptop that could be used against me by the US CBP, however since they give no indication of what they are looking for or what is determined to be data that could link me to a 'terrorist cell' I do worry about them searching my computer.

For years I documented homeland security as a news photographer. During this time I made thousands of images of the TSA, Airport Police, US Coast Guard operation, US Immigrations, US Customs and other 'national security' agencies. What happens when they comb my computer and find some images in portfolios and subfolder on the subject that show detailed images of airport security that are really no threat at all? Would I be subject to detainment? What happens when they pull up a photo of me standing on the roof of Basrah International Airport (BSR) in Iraq where you can clearly read the airport name in both English and Arabic behind me?

I have not found a good solution to backing up and wiping a Blackberry so if any of you have suggestions for this feel free to let me know.

I leave you with these wise words from a Founding Father of the United States, Benjamin Franklin - "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."

Happy Flying!

30/05/2008-Weekly Roundup: 100th Post For 2008; Baggage Security; Visa?; Southwest's Humour; Legroom; Airport Etiquette

Web: www.fishfotoworldwide.com -- E-Mail: fish@flyingwithfish.com

30/05/2008-Weekly Roundup: 100th Post For 2008; Baggage Security; Visa?; Southwest's Humour; Legroom; Airport Etiquette

This is it, the 100th post on Flying With Fish for 2008. I'm not sure if this is just another post, a milestone, or anything else, but a few readers have been asking what I had planned for the 100th post. Honestly, I have no idea. I didn't know I needed to do something. I didn't plan anything. Do I need to give a speech?

I guess this being the 100th post for 2008 is a semi-milestone for Flying With Fish. Last year, 2007, the first 'real year' Flying With Fish existed I only made 53 entries. This year I am trying to keep Flying With Fish going, not really sure where it's going, but like most US based travel, I'm sure Flying With Fish will make connections in Atlanta (ATL) and Chicago (ORD)......no wait, it's already made connection flights in ATL and ORD :0)

Prior to Flying With Fish hitting 100 posts for 2008 the message of the site has been spreading more than I had ever imagined. From being written up on sites such as David Hobby's "Strobist" (www.strobist.com), Scott Kelby's Blog (www.scottkelby.com), being written up on Popular Photography Online (www.popphoto.com) and being asked to answer reader mail for Pop Photo. Flying With Fish has also had the good fortune to have been written up in News Photographer Magazine and Popular Photography and allowed me to be a guest on two well respected photo radio shows, Photo Talk Radio and Inside Digital Photo and had me appear as an 'expert' on Good Morning America.

Where do I take all this from here? Who knows? I was however interviewed yesterday by The New York Times (www.nyt.com) for an upcoming story on the TSA's new "Self Select" Security Lanes.

When it comes to the new Self Select Security Lane I have a mixed opinion. I think it is a great idea, I think it can speed up security lines significantly, however I think flyers need more education before they get to the TSA checkpoint to determine which lane they are going to get in........but I've discussed this at the start of this month here: 8/05/2008 - New TSA "Self Select" Security Lanes - The Good & The Bad

..........I've rambled enough, so onto The Weekly Round Up

My first post of the week was written early Saturday morning, while sitting at a client's kitchen table in Hong Kong, as I pondered the idea of how checked baggage can be made more secure. You can read my jet lagged ideas here: 24/05/2008 - Security Of Checked Baggage: Is There A Better Way?

It is not often I get humour from passing an immigrations checkpoint. On Sunday I faced a very frustrating situation that in hindsight is really quite funny. What was this situation? I was asked for my "work visa" upon entering the country of my birth, country of residence and country that issued my passport. Interesting in scratching your head, while also laughing, then you should certainly read this entry: 26/05/2008 - Do You Have A Visa To Work Here? Ummm....I Live Here (Humour From Real Life)

Adding to my humour of the week, if you feel like laughing at mockery of the airline industry, you should watch Southwest Airline's ad mocking the 'nickel-and-dime' airlines. I'm not sure if the ad is as funny for people who don't follow the airline industry, but it had me laughing for quite a while. Click here to view the Southwest Airlines' commercial: 27/05/2008 - Southwest Airlines Addresses The Airline "Nickel & Dime" Game

Raise your hand if you want more legroom? OK, put your hands down, no one can see you raising your hand via my blog and if you're at work your co-workers might wonder why your hand is extended into the air over the cubicle wall. Finding legroom on flights can be challenging. While I don't have the definitive answer to this question, I have some basic tips that might help you stretch out and extend your personal space. Click think entry for legroom tips: 28/05/2008 - Airline Passenger Legroom: We All Want It...Is There A Way To Get It?

I ended Flying With Fish's week visiting an old topic.....etiquette. This entry on etiquette deals with wandering 'LPTs" (loud phone talkers). If these people bother you.......or if you are one of these people, you should read: 29/05/2008 - Airport Etiquette : Doing Laps With Your Mobile Phone

That's it for this week.

Happy Flying!

Do You Have A Visa To Work Here? Ummm....I Live Here (Humour From Real Life)

Web: www.fishfotoworldwide.com -- E-Mail: fish@flyingwithfish.com

26/05/2008 - Do You Have A Visa To Work Here? Ummm....I Live Here (Humour From Real Life)

Yesterday afternoon, after arriving back home at New York's JFK International Airport (JFK), from Beijing (PEK), I deplaned the Air China (CA) flight I had taken home and headed down to the Immigrations Passport Control area. When it was my turn I approached the US Immigrations Officer and handed her my United States issued Passport and "landing card," and what happened next had me stunned.

Before I go further with the unusual events of yesterday's return to the United States, after only being away for 70 hours, I'd like to state this. I have the utmost respect for those who work in the Immigrations, Customs and Border Protection services of not only the United States but also other nations around the world. They have a difficult job of determining who should and should not be allowed into their respective countries.

In my career as a news photographer, I had spent more than 3 years documenting 'homeland security,' both domestically and abroad. I have witnessed some unusual situations, watched some funny moments, and seen agents go extraordinary lengths to catch criminals entering the United States. I also know I have some very odd travel patterns and am accustomed to extra questioning at times. I take it in stride................but the questioning I received yesterday was bizarre.

So on with the story.......I handed my US Passport and 'landing card' to the US Immigrations Officer at the passport control booth and was asked the standard questions of "You were away on business?" I replied, "Yes." The next question is the obvious questions "What do you do?" I replied that I was a photographer and I had been in Hong Kong photographing a wedding. The Immigrations Officer asked me if I worked in the United States and I said "yes." The Immigrations Officer then asked if I was connecting to another flight and I informed her that my family was waiting for me outside and I was headed to my see my parents before heading home (not that I had to tell her that, but I was just making polite conversation).

The next question threw me for a loop. As the Immigrations Officers flipped through my passport pages she asked, "Do you have a visa to work here in the US?" I informed the Immigrations Officer that she was looking at my passport that was issued by the United States, that I was born in New York, and hat I was a US Citizen, as such I require no papers to work in the United States. The Immigrations Officer looked up and glared at me as if I had significantly angered her with my reply. She flipped through my passport pages again and demanded to know if I had a visa or permit hat would allow me to work in the United States. This round or questioning and answering went on for another minute or two.

After a few more back-and-forth words that went nowhere the Immigrations Officer summoned a Supervisor. The Immigrations Supervisor looked confused as to why they were there, once they were informed of the situation, after approaching the Passport Control Booth. The Immigrations Supervisor had my passport in his hand when the Immigrations Officer I had been arguing with stated "He has no visa to work in the United States." At this time the Immigrations Supervisor looked at the cover of my United States Passport with a confused look on his face, he flipped open my Passport, looked at the photo, looked at my face and simply asked "Where are you coming from?" I responded with Hong Kong via Beijing." The Immigrations Supervisor then took the stamper, stamped a page in my passport, flipped the passport shut, handed it to me and said "Welcome Home Sir."

As I walked away from the Passport Control Booth I could see the Immigrations Supervisor closing this lane. Clearly there was a problem with some communications between the Immigrations Officer and the Immigrations Supervisor.

I have no idea what was up with this problem, but I had an easier time entering Beijing twice in under 48hrs and Hong Kong between my two Beijing entries. You'd think I'd have a harder time entering Hong Kong to work than the United States where I am a citizen.

Normally returning to the United States, as a US Citizen consists of less than 1 minute at the Passport Control Booth. Sometimes there is secondary screening, but if and when that occurs it is usually dealt with in 2 or 3 minutes of questions.

..............I was angry yesterday, but now looking back on what transpired I find the incident funny. Both 'sad funny' and 'ha ha funny' (also a bit scary any US Immigrations Officers would think any US Citizen would need a visa to work in their home country) and looking back on the who situation I find myself laughing now.

Below is a photo of my US Passport (notice my "Place of Birth" is New York and my "Nationality" is United States of America......and yes, I have removed some information from my passport to prevent identity theft). Below my passport photo is a photo of the Passport Control Booth at Beijing Capital International Airport, where I managed to clear passport control in with relative ease (although a minor language barrier).

Happy Flying!

--Click Images To Enlarge Them--