Travel Screening
Before you get on an airplane, the government wants to sift through the personal details of your life. If the data analysis says you're a security risk, too bad -- you may have no way of challenging the error. Worse still, that black mark could follow you for the rest of your life, and there may be little stopping the government from using your data for purposes far outside of travel screening.
The privacy invasions don't stop there. When you cross the U.S. border to come home, you could be singled out for a random, invasive search. A recent court decision allows border agents to search your laptop or other digital device and copy the contents without limitation.
EFF has been fighting these schemes every step of the way -- both in court and in Congress.
Border Searches
While the Supreme Court has ruled that customs and border agents can perform "routine" searches at the border without a warrant or even reasonable suspicion, the ongoing searches of laptops, cell phones, and other electronic devices at America's borders are unconstitutionally invasive. Agents often confiscate the devices, make copies of the data, and sometimes even transfer the information to other government agencies -- violating the Fourth Amendment prohibition on unreasonable search and seizures. EFF has called on Congress to recognize the unique nature of electronic information stored on personal digital devices and to restore search standards the protect the privacy of Americans in the Information Age. Learn more about our border search work below.
Automated Targeting System (ATS)
In November 2006, the Department of Homeland Security revealed that for years it has assigned "risk assessments" to millions as they enter or leave the country. Once the assessment is made, there is no way to challenge it and the government will retain the information for 40 years -- as well as make it available to federal, state, local, and foreign agencies in addition to contractors, grantees, consultants, and others. Before major media reports picked up the story, EFF sounded the alarm and submitted formal comments opposing ATS.
CAPPS II and Secure Flight
CAPPS II was a planned profiling system that would have required airlines to provide personal details about passengers before they boarded their flights. These details would then be combined with government and commercial databases to create a color-coded "score" indicating each person's security risk level. In 2004, American Airlines admitted to providing 1.2 million passenger records to contractors developing prototypes for the program, even though the Transportation Security Administration had denied such a transfer for months.
Learn more about CAPPS II
Yet just as soon as CAPPS II seemed dead, a new program called Secure Flight was taking shape. TSA claimed that this program would simply match passenger information provided by airlines with existing watch lists. After the TSA was caught lying to the public about the program's testing, its launch was postponed. But the TSA now says it will launch the program before the end of the Bush administration.
Travel Screening Cases
- FOIA Litigation: Personal Information Gathered on International TravelersEFF has filed suit on behalf of a member of the European Parliament, demanding that the U.S. government release records about her "risk assessment" score and other information gathered about her during her international travels. The lawsuit came just days after the disclosure that the U.S. and the European Union may soon finalize an agreement authorizing the transatlantic exchange of large amounts of personal data.
- FOIA Litigation: Border Searches Asian Law Caucus v. Department of Homeland Security, Civil Action No. 08-842 (N.D. Cal. filed Feb. 7, 2008). EFF and the Asian Law Caucus have sued the Department of Homeland Security for denying access to records about the questioning and searches of travelers at U.S. borders.
- FOIA Litigation: DHS Passenger Data
- US v. ArnoldOn April 21st, the Ninth Circuit held in United States v. Arnold that the Fourth Amendment does not require government agents to have reasonable suspicion before searching laptops or other digital devices at the border, including international airports. Customs and Border Patrol are likely to use the opinion to argue that almost every property search at the border is constitutionally acceptable.
In The News
- THE REGISTER | January 16, 2008 Showdown over encryption password in child porn case
- WASHINGTON POST | August 03, 2008 US Border Agency Says It Can Seize Laptops
- KUOW 94.9 | July 14, 2008 The New Yorker Obama Cartoon, Bike Commuting and Laptop Searches
Other Resources
Deeplinks Posts
- August 08, 2008 Public Pressure Mounts Against Invasive Border Searches
- June 25, 2008 Congress Must Investigate Privacy Violations at U.S. Borders
- May 07, 2008 EFF Answers Your Questions About Border Searches
Press Releases
- September 23, 2008 Internal DHS Documents Detail Expansion of Power to Read and Copy Travelers' Papers
- July 01, 2008 European Lawmaker Sues U.S. Agencies to Obtain Travel-Related and Other Personal Information
- June 23, 2008 EFF to Testify at Congressional Hearing on Electronic Searches at U.S. Borders
Documents and Files
Border Searches
- July 16, 2008 U.S. Customs and Border Protecton Policy Regarding Border Search of Information[PDF, 160.67 KB]
- June 25, 2008 Congressional testimony on border searches from EFF's Lee Tien[PDF, 790.56 KB]
- May 1, 2008 EFF's open letter to the House and Senate Homeland Security and Judiciary committees[PDF, 91.32 KB]
Automated Targeting System (ATS)
- December 19, 2006 ATS Complaint[PDF, 460.06 KB]
- November 30, 2006 EFF's full comments to DHS about ATS[PDF, 122.71 KB]
Secure Flight & CAPPS II
- September 26, 2007 EFF's full comments to TSA on the revised Secure Flight proposal[PDF, 222.69 KB]

