Back in May, we noted that Homeland Security’s ICE group had taken David House’s laptop and had kept it for 49 days because he’s friends with Bradley Manning, who is accused of leaking the State Department cables to Wikileaks. House was traveling back to the US from a vacation in Mexico and Homeland Security has long held that it can take your laptops at the border for any reason whatsoever. House (with the help of the ACLU) sued the government over this. Not surprisingly, the Justice Department is defending the actions of ICE, basically using the “we did it because we can, so shut up” argument.
There is no basis for the Court to conclude that searches of laptops or other electronic devices at the border should be subjected to a different standard than that for other closed containers. Nor is there a basis for the Court to conclude that Plaintiff’s First Amendment rights were violated by the routine search and detention of his devices at the border.
One of the nice things about the new Mac OS, Lion, is that it has disk level encryption. They can get your laptop but not read anything on the drive.
That may help, although I would not be surprised to get an erased disk back from them. Why any businessman would allow this to happen is a mystery.