Most of us domainers travel quite a bit to shows, for business or pleasure and when we go, our Laptop and Cell phone goes with.

In light of the upcoming Domainers Meeting in Paris and the ICANN meeting next month, I know a lot of US based domainers are travelling out of the country.

A recent article in Laptop Magazine reminded me of an important legal issue that I have never seen discussed anywhere in the Domainer community.

When you come into the United States your laptop and cell phone, along with all your other possession are subject to search and seizure

This is true whether you’re a visitor to the US or a citizen returning into the US.

Although citizens in the US are normally entitled to the protection of the 4^th amendment right against unreasonable search and seizure, this right does not start until you have “entered” the US.

The government does not consider you as having “entered” into the US until after you have cleared passport control AND customs. So even though you’re on US soil, like in the airport in Miami, you have not legally entered into the US yet and do not have your constitutional rights.

When you return to the US you know there is a list of items you cannot bring into the country, for example Cuban Cigars. Even if you obtained them in a jurisdiction where they are legal (like anywhere outside of the US) and bring them back into the US, they will be seized by Customs. You may also be subject to fines and/or criminal penalties

According to the customs service, all Laptop computers and cell phones (also portable hard drive and flash cards) may be subject to detention for violation of criminal law.

Maybe you have purchased prescription drugs online without a prescription, maybe you have a few file sharing or torrent music or video downloads on your computer, maybe you have some porn on your computer.

Porn per se is not illegal, but of course child porn is and so is porn which is found to be “indecent”.

When you laptop or cell is searched and customs finds something they think might be criminal they have a right to seize the equipment for further investigation.

So if say you had a few youporn.com downloads in your computer, in which one of the performers looked young, or if any video or picture on your phone or laptop looked to the customs officer as being “indecent”, then at best you would be leaving the airport without your laptop or cell phone.

The Association of Corporate Travel executives (ACTE) recommend that its members carry the absolute minimum of sensitive materials on their devices when travelling into the out of or into the US.

Yes this has happened to people. People have had their laptop and cell seized and had to go through great effort to get them back. If seized you will not get them back until the “investigation” is over.

Therefore is prudent to backup all your info on all your laptop and cell phone and clean your laptop and cell phone up, before traveling to the US if you’re visitors or before you leave if you’re a US citizen or resident.

Be prudent.

Be safe.

Be smart.