FEINGOLD BLASTS DHS LAPTOP SEARCH POLICY DHS Issued Written Policy for Laptop Searches Only After Feingold’s Hearing on the Issue July 31, 2008 Washington, D.C. – U.S. Senator Russ Feingold is sharply criticizing two written policies recently released by the Department of Homeland Security (DHS) to provide guidance to customs officials conducting searches of the contents of travelers’ laptops. Feingold called the policies “alarming,” noting that they would allow officials to take an American citizen’s laptop to another location and thoroughly search and analyze its contents without any suspicion of wrongdoing. Feingold recently chaired a hearing in the Senate Judiciary Committee’s Subcommittee on the Constitution examining DHS’s practice of searching and sometimes confiscating electronic equipment. It wasn’t until after Feingold’s hearing that DHS finally released written policies, dated July 16th, 2008, providing guidance to officials conducting the searches. One of the written policies references a 2007 policy that is still in effect but has not been disclosed. “Back in April, I asked Secretary Chertoff directly to provide any and all written policies for searching the laptops of Americans returning to the U.S.,” Feingold said. “His response references at least one undisclosed policy, so it is clear that DHS is continuing to withhold full information about its policies and practices. And the policies that have been disclosed are truly alarming. After seeing them, I am more convinced than ever that legislation is needed in order to protect law-abiding Americans from this gross violation of their privacy. I intend to introduce such legislation soon.” Among the problems with the policies are: The policies allow customs agents to conduct invasive searches and analyses of the contents of American citizens’ laptops without any suspicion of wrongdoing whatsoever. The policies allow DHS to evade the probable cause requirement for seizing a laptop by blurring the distinction between a search and a seizure – defining a “search” to include detaining laptops for an unspecified period of time, taking them off-site, and taking written notes on their contents that can be retained indefinitely. The policies contain no restrictions on DHS agents’ disclosure of personal information learned through these searches. More information on Feingold’s recent hearing on DHS’s laptop search policy is available at http://feingold.senate.gov/~feingold/statements/08/06/20080625.htm.

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