DHS Reveals Some Data On Border Laptop Searche

The Department of Homeland Security has pushed hard for the past few years to make sure it retains the right to search your laptop at the border with no real limitations. It is, indeed, (as defenders of this policy always like to point out) established law that the border is not in the country, so Constitutional 4th Amendment rights do not apply. That still doesn't make it right. I, like many others, would not have a problem with searches due to probable cause. Nor do we have any real problem with searches of physical luggage at the border. But a blank slate, seems like a bit much -- for a few reasons.

First, the purpose of a border search is to see what you're bringing into the country. But, when it comes to digital data, no one's bringing it across the border to get it into the country. You could just send it over any number of internet protocols to get it into the country without using a laptop. So, the very rationale doesn't make sense. Second, when people travel, they specifically pick and choose what physical goods to put into their luggage. With a computer, the situation is the opposite. You automatically bring everything (including, potentially access to remote drives).