Customs and Border Protection has long avoided explaining when, how and under what circumstances that agents at the nation's borders can look through a traveler's laptop, reading their email or searching through digital snapshots, to look for incriminating evidence.

But thanks to a newly published manual disclosed by the Washington Post, we know that agents don't need any reason to search, seize or copy travellers' laptop or phones.

The government argues, and the Ninth U.S. Appeals Court has agreed, that searching through a person's laptop for copyright violations is no different from looking through their suitcase for cocaine – and thus fits what is known as the 'border exception' to the Fourth Amendment.

That means a border agent doesn't need reasonable suspicion, probable cause or even a hunch to open your laptop, seize it or make copies of your data.

The policy (.pdf) – dated July 16, 2008 – does not set a limit on how long the government can hold on to a laptop or copy of a hard drive, other than saying it should be a 'reasonable period of time.' However, if they don't find anything incriminating or suggestive of a crime, they are supposed to destroy the data and not share it with other agencies.

DHS officials say the policy is necessary to snag potential terrorists and prevent copyright infringement.

Nor do agents need to have any suspicion of wrongdoing to get technical help in getting around encryption or translating foreign language material.

What is surprising is the clarity of the policy and that it is actually public:

Detention and Review by Officers. Officers may detain documents and electronic devices, or copies thereof, for a reasonable period of time to perform a thorough border search. The search may take place on-site or at an off-site location. Except as noted in section D below, if after reviewing the information there is not probable cause to seize it, any copies of the information must be destroyed. All actions surrounding the detention will be documented by the officer and certified by the Supervisor.

Oddly, though there seems to be one way to keep a border agent from looking in your electronics and papers unless they have probable cause to believe you have committed a crime.

Put it in a first class U.S. mail envelope and stamp it – or even better mail it to yourself before the trip.

Officers may not read or permit others to read correspondence contained in sealed letter class mail (the international equivalent of First Class) without an appropriate search warrant or consent.

Fed Ex, UPS and DHL don't count.

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