Going to try my best to avoid strip-search jokes on this one. News from the Law Times reports U.S. Border Officials can search the laptop, BlackBerry, or any other device that could hold confidential information of Canadian lawyers. Can anything be done? Outlook does not look good, says Lou Brzezinski, chairman of the e-commerce group at Blaney McMurtry LLP
“The first issue is, no, we can’t do anything about this. This is U.S.-made law, which has been held in three cases now to be constitutional and permitted, and effectively what they’ve said is that the constitutional freedom of being secure from an unreasonable search without a warrant does not apply when you are entering a U.S. border.”
Will this stop at lawyers, or should everyone be checked? Obviously the use of discretion will be involved (not everyone will be checked), but with the state of things these days, you might as well go through the border with everything spread already.