Yet another reason not to visit the USA
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Yet another reason not to visit the USA

If London Heathrow doesn't manage to lose or destroy your mission-critical equipment or send it to Bucharest by mistake, travel to the USA introduces another risk. The Washington Post reports that travellers to the USA may have laptops and other information media seized for no reason and retained indefinitely for scrutiny, according to newly-disclosed Department of Homeland Security's and Customs and Immigration's border policies. Furthermore, the information contained may be shared with whichever agencies or 'private entities' these agencies wish.

DHS officials said that the newly disclosed policies -- which apply to anyone entering the country, including U.S. citizens -- are reasonable and necessary to prevent terrorism. Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter.
Civil liberties and business travel groups have pressed the government to disclose its procedures as an increasing number of international travelers have reported that their laptops, cellphones and other digital devices have been taken -- for months, in at least one case -- and their contents examined.
The policies state that officers may "detain" laptops "for a reasonable period of time" to "review and analyze information." This may take place "absent individualized suspicion."
The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "

More at the Washington Post

Whilst this may not seem very relevant to most photographers entering the US, seized hard discs and flashcards that contain sensitive subject matter may become a liability to photographers or subjects. Even deleted files may not be secure once subjected to data recovery techniques.

The impact on professionals who are unlucky enough to have laptops 'detained' could be considerable. They risk losing access to necessary image processing software, which may cost very large sums to replace. Further inconvenience and loss may arise if client briefs, emails, contracts and client details are seized. There are also potential implications for the confidentiality of sources and contacts of photojournalists, in images or data stored on hard drives or mobile phone SIMMs.

US admissions policies have been difficult since 9/11. Although UK journalists have never qualified for the visa waiver programme and have supposedly required an I-visa, obtaining one could be difficult for freelances not working on a specific commission. Prior to 2001, the requirement was not stringently enforced, but since then many journalists and photographers have been refused entry and deported for not having the visa.


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Neiljohn
Posts: 11
Joined: 2008-04-27
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'private entities'

Snip "Department of Homeland Security's and Customs and Immigration's border policies. Furthermore, the information contained may be shared with whichever agencies or 'private entities' these agencies wish." And in part 'private entities' is the key reason this is embedded in the policies, Industrial espionage or corporate espionage, espionage conducted for commercial purposes instead of national security purposes. ECHELON for years has been corporate USA's stock-in-trade source of commercially sensitive information, and as most cryptography usually comes from American companies with built in back-doors specifically for their security services companies and European governmental bodies are waking up and not sending info by 'E' means, even within their own borders. But with more information being better protected or not even sent over the internet they need to gain access to it, or they'll have compete on an equal basis in the world markets. Travel to the USA and your profile, who you work for etc, will be flagged up if your employment might be of interest, detaining a lap-top of one commercial traveller for the information it may contain would be rather obvious, if they spread it wider to cover their tracks such activity will be lost in the noise... more info here: http://en.wikipedia.org/wiki/Economic_Espionage_Act_of_1996

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