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Linked – The ABA urges Homeland Security to revise procedures for searching lawyers’ electronic devices

This is one of many concerns we should have about security searches that allow agents to review the information on electronic devices.

“Just as border security is fundamental to national security, so too is the principle of client confidentiality fundamental to the American legal system,” Klein added.

She said the association is troubled about directives that permit CBP and ICE officers to search and review the content of lawyers’ laptop computers, cellphones and other electronic devices at U.S. border crossings without showing reasonable suspicion. These devices, she emphasized, typically contain client information that’s inherently privileged or otherwise confidential.

I would think the same concerns should apply for trade secrets, insider financial information, personal information, healthcare information, etc. There are laws in place that require certain kinds of information to be secured, and yet when you cross the border, agents are allowed to look at any of it.

I don’t believe that simply saying “trust us, our agents wouldn’t share that information”, is enough. Call me a cynic if you will, but government agencies don’t exactly have a great track record when it comes to protecting information.


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