Earlier this week, the Ninth Circuit issued a ruling in United States v. Arnold that the Fourth Amendment’s “reasonable suspicion” requirement does not apply to the search of a laptop during an international border crossing. The court rejected Arnold’s argument that a laptop should be treated similarly to a home or office for privacy purposes, holding instead that a laptop was akin to a traveler’s luggage. George Washington University Law School Professor Orin Kerr discusses the holding in more detail at the Volokh Conspiracy blog.

Arnold presents an interesting challenge for attorneys who travel internationally: how do you safeguard the sensitive client and firm data on your laptop when a security person, sans any reasonable suspicion of wrongdoing, can investigate your files? The easiest and best solution is simply to avoid placing sensitive or confidential information on your laptop. Such information can be stored on secure servers at an attorney’s main office and accessed remotely via VPN, or encrypted and stored remotely with an online backup vendor. If internet access will be unavailable on your trip or you otherwise require local copies of your sensitive information, consider encrypting the data and perhaps also relocating it to a storage device such as a USB thumb drive or CD-R. While such methods won’t guarantee you privacy, they may reduce the likelihood that your client’s confidential information will be revealed in a casual search of your laptop.