- "Unlike cases involving body searches,
Customs officers are not required to establish grounds for "reasonable
suspicion" before conducting a computer search."
-
-
- BUSINESSMEN carrying laptops into the country are having their computers
routinely scanned, and even snapshots taken of their disks. Those who fail
to cooperate are liable to arrest.
-
- The practice came to light after a senior
computer journalist was stopped while returning on the Eurostar last week.
-
- Kenneth Cukier, the Paris correspondent
for Communications Week International, was detained by Customs officials
who threatened to scan his laptop. The plan was thwarted when the officers
discovered of British that they were dealing with an Apple. They told Cukier
that the alleged scanning equipment could not handle Apple Macs.
-
- A spokesman for Customs and Excise said
officials would routinely scan laptops for illegal material such as pornography.
Encrypted files will be treated in the same way as a ordinary luggage.
"So far as we are concerned, there is no difference between an encrypted
file and a locked suitcase," said the spokesman. "All travellers
entering the country should be prepared to have their equipment scanned."
-
- Laptop carriers will have little choice
but to submit to the demands of Customs officials. People refusing to open
files or divulge keys will be subject to a court order. Refusal to obey
the order would constitute contempt of court - an offence that can result
in imprisonment.
-
- Unlike cases involving body searches,
Customs officers are not required to establish grounds for "reasonable
suspicion" before conducting a computer search.
-
- The Home Office has not issued specific
guidelines on the practice, leaving Customs officers free to take copies
of disk scans. This has alarmed business leaders, who have raised concerns
that sensitive commercial data could be compromised.
-
- Customs and Excise refused to disclose
the nature of their equipment, saying that the matter constituted "operational
security". The spokesman did confirm, however, that the department
used "a large variety of equipment".
-
- However, Peter Sommer, a visiting fellow
in the Computer Security Research Centre of the London School of Economics,
said he believed Customs and Excise may be using disk imaging equipment
such as DIBS and Flight Server which takes a complete copy of a hard-disk
- not only the visible files but hidden material including previously deleted
material.
-
- "Once they have a copy to work on
a simple directory search will identify graphics files and quite often
the name of the file is indicative of content." Sommer believes this
information would be enough for a preliminary "pull" requiring
little skill.
-
- The chairman of the CBI Information Security
Panel, Chris Sundt, said there was a fundamental difference between physical
searches, and searches of electronic data on computers. He said guidelines
should be developed to ensure adequate protection of security and personal
privacy.
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