Steinecke Maciura LeBlanc Barristers & Solicitors


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	Professional Practice and Liability on the Net


	Traveling With Your Laptop? Be Careful Crossing the Border
	by Bernard LeBlanc
	November 2006 - Vol 8 No 2

	In today’s world it is, perhaps unfortunately, common that vacations are not entirely work free. Many people often take their laptops, BlackBerries and other electronic devices with them when they travel, even on holidays. However, a recent decision in the United States should make everyone consider carefully what they are bringing with them when they cross the border. In United States v. Romm, the issue was the extent to which security officials at the Canada/U.S. border can search a traveler’s laptop. The defendant in the case Stuart Romm apparently visited websites containing images of child pornography when he was in a Las Vegas hotel room. While he looked at the images on line, the computer automatically saved copies in the computer’s internet cache. On the basis of images found on his computer, he was convicted of knowingly receiving and possessing child pornography, contrary to US law. Romm later flew to Kelowna, B.C. on business. However, at the airport in B.C., Canada’s border security discovered that Romm had a criminal record and directed that he be further questioned. The agent asked Romm to turn on his laptop and several child pornography websites appeared on the laptop’s internet history. Romm admitted that he violated his probation by visiting those websites and was placed under detention until he could take the next flight back to the United States. They also advised US Customs in Seattle that Romm was likely in breach of his probation. Indeed, when he was interviewed by staff in the United States, Romm admitted he had breached his probation. The interesting point was that the officers did not obtain a warrant and conducted what is called a “border search”. The case revolved around the question of whether Romm’s laptop could be searched by border security. The Ninth Circuit Court held that Romm’s laptop could be searched under the “border search exception” to the requirement that a warrant be obtained. Indeed, the Court held that the border search exception is not limited to those cases where border patrol has reason to suspect that someone may be carrying foreign contraband. The very fact that someone wishes to cross the border was sufficient to conduct this search. This decision has received some media coverage in Canada already, as it raises real questions about the extent to which border security is entitled to conduct electronic searches of devices being carried across the border. For example, while Romm’s specific case generates no sympathy for his privacy interests, will personal health information be disclosed if it is stored on a BlackBerry? Can confidential legal files be reviewed if a lawyer travels to the United States? Normally, searches of this nature can only be done on the basis of a search warrant. However, it appears that when Canadians (and others) travel to the United States, they should be prepared to submit to electronic searches as well, and regulators may also need to deal with these issues if information is disclosed inappropriately. [Professional Practice and Liability on the Net is a monthly Internet newsletter addressing issue of interest to a wide range of professionals. Please consult with a lawyer for specific legal advice. If you wish to be removed from the list of subscribers, please simply reply to this email. If you wish to reprint this article, please provide appropriate credit, and send a copy of the publication to, Steinecke Maciura LeBlanc, 393 University Avenue, Suite 2000, Toronto M5G 1E6. Or, call 599-2200, ext. 232, or email: bleblanc@sml-law.com. Visit our website at http://www.sml-law.com. Comments and suggestions are also welcome.]



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	Professional Practice and Liability on the Net is a monthly internet newsletter addressing issues of interest to a wide range of professionals. Please consult with a lawyer for specific legal advice. If you wish to be removed from the list of subscribers, please simply reply to this email. If you wish to reprint this article, please provide appropriate credit, and send a copy of the publication to, Steinecke Maciura LeBlanc, 401 Bay Street, Suite 2308, P.O. Box 23, Toronto, ON M5H 2Y4. Or, call 599-2200, ext. 232, or email bleblanc@sml-law.com. Comments and suggestions are also welcome.