'Your Laptop, Please:' The Search and Seizure of Electronic Devices at the United States Border

摘要

The governmental interest in searching electronic devices is strong. Laptop searches seek both physical contraband, such as drugs and weapons, as well as information contraband, such as international espionage and child pornography. Using the latter as an example, single, white, male, non-business travelers to Southeast Asia are sometimes suspected to be sex tourists. Because trying to prove child molestation, an extraterritorial law, is nearly impossible since the government has to prove that the defendant engaged in or had the intent to engage in molestation, and because child molesters tend to horde pornography, it is much easier to search the laptops of suspicious individuals at the border. Instead of pursuing child pornographers internationally, why not just search them at the border? Child pornography possession is a strict liability crime; this is the easiest way.