The bill was introduced by three Democratic senators to protect data from random searches. The news article is not clear in at least two areas and requires further analysis. The article mentions law-abiding Americans a few time and one could interpret that the new bill will only protect data of US citizens from being searched randomly.

The second issue that is not clear if the bill only protects data on laptops or data on all digital devices such as mobile phones, PDAs or iPods. An article published on The Register seven days ago confirmed that the new bill will prevent

According to a Register article that was published a week ago the new bill will affect any electronic devices from being searched randomly at US borders. The article seems to imply that this affects all visitors and not only US citizens.

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The article is divided into three threat levels and an introduction with some interesting background information and links. The first threat level mentions data encryption and certain aspects that have to be taken care of. It mentions for instance the fact that it is possible to read the contents of the RAM if the laptop is or has been powered on shortly before entering customs. It also advices to delete all temporary data on the system like browser cache, cookies and so forth.

Lastly it mentions the possibility that spyware could be installed on the computer while it is kept by the federal agents. The next step would be a full encryption of the system which has the advantage that everything is encrypted meaning no one can access it by simply plugging in the laptop’s hard drive into another computer. This could, on the other hand, make border agents suspicious because they might think you are hiding information that they are after.

The last threat level mentions steganophy which means hiding data in other data, for example an important text document in a music track. It also refers to the use of encrypted containers on encrypted partitions. It also mentions electronically sending the data once you reached your destination or storing it on smaller memory cards that are placed in devices that do not look suspicious.

The best solution in my opinion is the secure transfer of data. This ensures that nothing can be found on the laptop that could arouse suspicion It would also mean that the traveler does not have to lie if someone asks questions about the contents of the laptop.

Others suggested sending the data by overnight shipping which still leaves the chance that the package will be intercepted and analysed but has the advantage that the user cannot be questioned for the password of the (hopefully) encrypted drive.

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They may also send the data to other agencies and even private entities “for language translation, data decryption or other reasons”. This policies do not only affect foreign visitors of the United States but also United States citiziens.

The data has to be destroyed after the review and private entities have to send the data back to the agencies. Everything that has been documented however does not have to be deleted.

“They’re saying they can rifle through all the information in a traveler’s laptop without having a smidgen of evidence that the traveler is breaking the law,” said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Notably, he said, the policies “don’t establish any criteria for whose computer can be searched.”

This in effect means that even if you cause no suspicion you can have your electronic devices and papers seized and will have to wait a long time before you can get them back. Think of business plans, private videos and photos, electronic diaries not only of “how to build an a-bomb in seven days” type of material. Frightening it is.

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That would be bad luck and one thing that you should do before traveling to the United States, or any other country that is giving their border agents such rights is to protect your data; Or don’t visit the country which I prefer to do. The easiest way to protect your data is to leave it at home. If that is not possible because you do need your notebook for work you should prepare it so that the important data is protected and hidden.

I’m not accustomed to US laws and do not know if they can force you to reveal a password for an encrypted partition. But even if they cannot they probably can keep the notebook for a certain time to examine it and probably also question you for a while which would make the trip rather unpleasant.

Your best bet is to use encryption and another encrypted container on that encrypted drive. This way you can cooperate and enter the password: Here Office, take a look, I have no problem with it. The important data would still be encrypted and inaccessible and you would definitely not reveal that password. It’s impossible to tell for them anyway if there is another container unless you leave clues on the drive.

You need to make sure that all sensible data, like documents, emails, browser cache, passwords, cookies, pictures, videos, plane flying manuals, Atombombs for Dummies is stored on that second encrypted container.

Important data could be stored on a web server as well and downloaded while in the country. Just make sure it gets erased properly before leaving again. Any other ideas ? Let me know.

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