Home > News > Federal Court OKs Laptop Search at Border • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Federal Court OKs Laptop Search at Border

Federal Court OKs Laptop Search at Border
Get XBIZ News
Apr 21, 2008 5:00 PM PDT    Text size: 
SAN FRANCISCO — A U.S. Customs inspection of a laptop computer that found child pornography does not constitute an unreasonable search and seizure, a federal appeals court has ruled.

The 9th U.S. Circuit Court of Appeals on Monday determined the appeal of Michael T. Arnold, who landed at Los Angeles International Airport in 2005 after a 20-hour flight from the Philippines, carrying a laptop that included folders called “Kodak pictures” and “Kodak memories.”

Customs agents later found child pornography in those folders.

Arnold argued the U.S. Constitution’s protections against searches without reasonable suspicion should have barred the search of his laptop.

In its en banc ruling, the 9th Circuit said that the search of a laptop is no different than luggage, and that reasonable suspicion is not necessary to check laptops or other electronic devices coming over border checkpoints.

"Arnold has failed to distinguish how the search of his laptop and its electronic contents is logically any different from the suspicionless border searches of travelers' luggage that the Supreme Court and we have allowed," Judge Diarmuid O'Scannlain wrote.

The case echoes a similar 4th U.S. Circuit Court of Appeals ruling, which upheld the 2005 conviction of John W. Ickes Jr., who crossed the Canadian border with a computer containing child pornography. A customs agent’s suspicions were raised, the court’s decision said, “after discovering a video camera containing a tape of a tennis match which focused excessively on a young ball boy.”

In the Arnold case, the Electronic Frontier Foundation and the Association of Corporate Travel Executives filed amicus briefs, claiming there have to be some limits on the government’s ability to acquire information.

“Under the government’s reasoning,” the brief said, “border authorities could systematically collect all of the information contained on every laptop computer, BlackBerry and other electronic device carried across our national borders by every traveler, American or foreign.” That is, the brief said, “simply electronic surveillance after the fact.”

The case is U.S. vs. Michael T. Arnold, No. 05-00772.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

PROFILES & BIOS

Evil Angel Chief Adam Grayson Champions Brand Evolution

Evil Angel is hardcore. More than a quarter-century after John Stagliano revolutionized adult filmmaking with his unique brand of gonzo titles and a lucrative director-as-producer business model, CFO Adam... More »

WIA Profile: Lupe Martinez

Each month, industry news media organization XBIZ spotlights the career accomplishments and outstanding contributions of Women in Adult. WIA profiles offer an intimate look at the professional lives of... More »

Jose Sanz Weaves a Profitable Tapestry at FreeWebCams

Navigating the complexities of customer service in the camming industry is a varied and oftentimes chaotic task, pulling even the most seasoned professionals in a multitude of directions. Fortunately for... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Subscribe to XBIZ World magazine, the industry's leading e-commerce trade publication, delivering in-depth coverage of the online, mobile and ancillary digital markets.

UPCOMING EVENTS

Latin America Adult Business Expo

Jul 10 - Jul 12
Cartagena, Colombia

ANME Founders Show

Jul 16 - Jul 18
Los Angeles Marriott Burbank Airport

QWEBEC Expo

Aug 03 - Aug 06
Montreal, Quebec

XBIZ Berlin 2017

Sep 11 - Sep 14
Berlin, Germany
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!