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Would you please boot up your laptop?

The Constitution Subcommittee of the Senate Judiciary Committee holds a hearing Wednesday morning, "Laptop Searches and Other Violations of Privacy Faced by Americans Returning from Overseas Travel." The hearings follows the recent ruling by a panel of the 9th Circuit in U.S. v. Arnold, 08 C.D.O.S. 4533, which upheld the search of a border control agent who found child porn on a computer after instructing the traveler to boot up his laptop. (A Law.com story is here, and the WSJ Law Blog has a post and a copy of the opinion.)

The decision has exercised civil liberties groups, who have asked the full 9th Circuit to take up the case. The Association of Corporate Travel Executives (ACTE) and the Electronic Frontier Foundation (EFF) filed an amicus brief as reported in Information Week. The groups will have witnesses testify at Wednesday's hearing, as will a group called "Muslim Advocates." Also testifying are Nathan A. Sales of the George Mason University School of Law (a former Homeland Security appointee in the Bush Administration) and Peter P. Swire of The Ohio State University and the Center for American Progress.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.