DHS sued over searches at borders: Groups question searches of cellphone directories, computer files

Two groups sued the Bush administration in an attempt to gain access to public records on questioning and searches of cellphone directories, laptop computer files and other property of travelers at U.S. borders.
The Asian Law Caucus and Electronic Frontier Foundation named the Department of Homeland Security a defendant in the lawsuit filed in federal court in San Francisco. The organizations took action after the DHS failed to respond within the statutory 20-day limit to their Freedom of Information Act request for public information.
“When the government searches your books, peers into your computer, and demands to know your political views, it sends the message that free expression and privacy disappear at our nation’s doorstep,” said Shirin Sinnar, staff attorney at ALC. “The fact that so many people face these searches and questioning every time they return to the United States, not knowing why and unable to clear their names, violates basic notions of fairness and due process.”
The controversy was given front-page coverage in yesterday’s Washington Post, which reported most searches involved travelers with Muslim, Middle Eastern and Asian backgrounds. According to the story, U.S. Customs and Border Protection spokeswoman Lynn Hollinger denied racial profiling “in any way, shape or form.” She added it is not the agency’s intent to subject travelers to unwarranted scrutiny. She told the Post laptops are subject to confiscation if they contain information possibly linked to terrorism, narcotics smuggling, child pornography or other criminal activity.