CBP Commissioner Testifies re: Laptop Border Searches
At the outset, the Deputy Commissioner objected to the title of the hearing and stated that, "CBP's efforts do not infringe on Americans' privacy." He stated that CBP is responsible for enforcing over 600 laws at the border, including those related to narcotics, intellectual property, child pornography and other contraband, and terrorism. He stated that CBP's ability to examine what is coming into the country is crucial to its ability to enforce these laws and keep the country safe from terrorism.
Mr. Ahern then discussed the recent Federal Court of Appeals cases from the 9th and 4th Circuits that upheld CBP's suspicionless search of an international traveler's laptop computer that uncovered child pornography. He stated that not only has CBP uncovered child pornography in conducting such searches of computers and electronic devices, but CBP has also limited the movement of terrorists, individuals who support terrorist activities, and threats to national security, stating that CBP has found "violent jihadist material, information about cyanide and nuclear material, video clips of Improvised Explosive Devices (IEDs) being exploded, pictures of various high-level Al-Qaida officials and other material associated with people seeking to do harm to U.S. and its citizens."
He then recounted an investigation where Immigration and Customs Enforcement (ICE) agents worked with CBP to conduct a border search of a laptop computer belonging to a Canadian national who was suspected of stealing ITAR-controlled software from a U.S. company with the intent to sell it to the Chinese. Mr. Ahern stated that the initial border search made possible the joint ICE and FBI investigation which led to the criminal prosecution of this individual.
Mr. Ahern continued to discuss how CBP's ability to search laptop computers and other electronic devices is essential to CBP's ability to ensure that a person entering the United States does not pose a threat to the safety and welfare of the country. He described certain factors that CBP uses to determine whether a search is necessary, such as the individual's travel history to countries with significant terrorist activity, narcotics smuggling or child exploitation or their physical description and behavior (e.g., in response to questioning). In addition, he stated that:
In regards to the privacy of these searches, CBP officers conduct their work in a manner designed to adhere to all constitutional and statutory requirements, including those that are applicable to privileged, personal, and business confidential information. The Trade Secrets Act prohibits federal employees from disclosing, without lawful authority, business confidential information to which they obtain access as part of their official duties. Moreover, CBP has strict policies and procedures that implement constitutional and statutory safeguards through internal policies that compel regular review and purging of information that is no longer relevant. CBP will protect information that may be discovered during the examination process, as well as private information of a personal nature that is not in violation of any law.