Homeland Security’s outrageous policy of unwarranted search and seizure of electronic devices such as laptops at the border is being called to task, by Senators Feingold, Cantwell, Wyden, and Akaka through the Traveler’s Privacy Protection Act of 2008 (S. 3612), a most reasonable piece of legislation that would reign in the police state a bit and give us back a little bit of the “land of the free” that some elements of government are anxious to eradicate in the name of “security.”

The risk to privacy and personal security under the present policy is obvious. Border guards can seize your laptop and search it, both physically and electronically, without having to give any reason for doing so. To the point, they can read your emails. The current Homeland Security policy allows agents at the border and in airports to seize and review the contents of electronic equipment “absent individualized suspicion.”

You may not be a criminal, and thinking that you have nothing to hide, may think that there’s no harm–but think again. This could not only prove embarrassing–but more importantly, it could jeopardize client confidentiality and a host of policies you may otherwise be required to follow regarding privacy.

The new legislation would require border officials to have “reasonable suspicion” before searching laptops or other storage devices, and seizure would require a court order. The legislation would also impose time limits on how long officials could possess the devices, and would allow the owners to be present during the search. Most importantly, the bill would put an end to arbitrary searches. According to the proposed legislation, after 24 hours, no further search would be permitted without a warrant, and the equipment should be immediately returned to the owner.