Federal Court OKs Laptop Search at Border

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.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Summit Event Schedule Announced

Free Speech Coalition (FSC) has revealed its slate of networking events and symposiums for its annual summit, set for January 15 during XBIZ 2026.

Pornhub Releases 2025 'Year in Review' Report

Pornhub has released its “Year in Review Insights” report for 2025, the 12th edition of the site’s annual statistics, data analysis, and infographic initiative.

Washington AV Bill Jumps on 'Health Warning' Bandwagon

A new age verification bill in the Washington state legislature would require adult sites to post notices warning users of alleged health risks, despite a previous federal court ruling against such requirements.

BranditScan Launches '25 Days of Christmas' Promo

BranditScan has launched its 25 Days of Christmas promotion.

MelRose Michaels Named Host of Online Industry Edition of XBIZ Honors

Performer and entrepreneur MelRose Michaels will MC the online industry edition of the 2026 XBIZ Honors, set for Wednesday, Jan. 14, at the Kimpton Everly Hotel in Hollywood.

Irish Regulator: EU States to Ramp Up AV Enforcement for Smaller Sites

A representative of Irish media regulator Coimisiún na Meán told legislators that Ireland and other EU states are preparing to expand enforcement of age verification regulations to include smaller adult sites, British newspaper The Times is reporting.

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Show More