The American Civil Liberties Union has been adamantly opposed the search and seizure of electronic devices by the U.S. Customs and Border Protection (CBP), arguing that the policy has been intrusive, indiscriminate and an invasion of privacy.

Last week, the ACLU released documents it received under the Freedom of Information Act detailing nine months of searches. The data showed that the CBP searched over 1,500 electronic devices at the U.S border between October 2008 and June 2009. The documents also showed that agents forwarded electronic files found on travelers' devices to other agencies almost 300 times.

The documents included letters from citizens and government officials expressing concerns about border searches. Some of the letters complained of delays or unprofessional treatment.

Catherine Crump, staff attorney with the ACLU First Amendment Working Group, said in a statement that the documents "show that the constitutional rights of thousands of travelers were put at risk and violated by the CBP's policy."

The Department of Homeland Security instituted new rules last summer governing searches of laptops, cell phones and other electronic devices at airports and other border crossings. The rules clarified previous policy, but still allow government agents to search electronic devices as if they were suitcases or backpacks, without reasonable suspicion.

To date, this type of practice has been upheld by the courts despite complaints from civil liberties organizations and business travelers.

For more on border searches:
- see this InformationWeek article

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