FBI apologizes for improperly accessing reporters’ phone records.»

The FBI yesterday revealed that in 2004, it improperly obtained the phone records of reporters for the New York Times and the Washington Post. Requiring such records requires the approval of the deputy attorney general, a procedure not followed in these cases. According to the New York Times, the “records were apparently sought as part of a terrorism investigation, but the F.B.I. did not explain what was being investigated or why the reporters’ phone records were considered relevant.”

Protect Digital Privacy at the Border and Beyond!

The Ninth Circuit Court of Appeals recently issued an opinion in the case U.S. v. Arnold holding that the Fourth Amendment does not require government agents to have reasonable suspicion before searching laptops at the border, including international airports. Meanwhile, a number of national newspapers have documented unnerving reports from travelers whose electronic devices have been seized as they crossed U.S. borders.

Troublingly, you may be at risk even if you don't travel -- businesses and organizations that you interact with may do business in other countries. A suspicionless laptop search at the border could expose your information to the government To make matters worse, it's not clear how or when the government might copy and store travelers' data, share it with others, or use it in the future.

Despite simple requests for more information by individuals and government watchdogs, the agency responsible for searches at the border has failed to respond effectively. The Fourth Amendment protects us all against unreasonable government intrusions. But this guarantee means nothing if Customs and Border Patrol can arbitrarily search and seize our digital information at the border and indefinitely store and reuse it....

More info:

• EFF Deeplinks: "No Cause Needed to Search Laptops at the Border"
• Washington Post: "Clarity Sought on Electronic Searches"
• Los Angeles Times: "Looking into Laptops"