♫ Everyone has a secret
But can they keep it
Oh no they can’t…♫
The CBA has released: Laptop Searches at the Border: What the Revised U.S. Guidelines Say on their PracticeLink web page.
As they state:
For the frequent business traveller, it bears repeating: U.S. Customs officers have the authority to search and detain any device capable of storing electronic information for any reason; they can examine the electronic device without the traveller present; they can copy from the device or “detain” the device; and they do not need to obtain the traveller’s consent to conduct the search. “Electronic devices” can include computers, BlackBerrys or similar devices, cell phones, travel drives, DVDs and CD-ROMs, cameras, music and other electronic media players.
The revised guidelines allow a lawyer to state that the device contains documents against which a claim of attorney-client privilege or attorney work product may be made and initiates a procedure to be followed. While this may be somewhat reassuring, it would be my opinion that traveling to the USA with a ‘clean’ device that only contains remote access software is the safest way to go. After all, every lawyer wants to be able to keep any secrets that they have been given.