NAS + Hard Drives + US Customs = No problem || World of Pain? [closed]

Question

I'm coming to the US for work in a few weeks, for a year or so and just had an awful thought.

I remember reading a while ago that US customs are searching through peoples laptops and hard drives. Now I have nothing to worry about as I don't have p**n, etc on my computer/hard drives but I will have trouble proving that the movies, programs and music are paid for.

Essentially, I'm an IT geek and because of the amount I move, I have copied all my DVD's (about 350) and music (5000 songs plus - combination of CD's and paid for content) onto my external portable NAS - its like a mini portable media center and file server. Also I'm a software developer and have lots legitimate MSDN ISO's - but to someone who doesn't know any better they could look illigal.

The problem is I think that to an over eager customs officer they will think all the Christmases have come at once if they start looking at my drive. Also because I'm paranoid about loosing data I have multiple drives (ones that backup the others) and I'm worried that this makes me conspicuous (i.e. my little NAS box) and a target if my baggage is xrayed...

Any ideas on what I can do or if I have anything to worry about???? How do you prove that what you have is legitimate - I feel like I'm guilty until proven innocent.... If it makes a difference I'm coming into the US from Australia.

Cheers

EDIT:

Here is another question - has anyone ever done what I am wanting to do and got into trouble or had no issues (i.e. if customs did pull you up they just looked at the music and movies and didn't care)...

Also does anyone think its worth ringing US customs directly and telling them what the deal is and see what they have to say? Or would this just be raising a flag against my profile - I can't believe this is making me this paranoid... :( Anyone would think I was trying to smuggle dr**s into china or something...

Answer 1

You might need to be aware that even though you have paid for the DVD's, you have presumabley evaded the copy protection system to put them on the drive which is also illegal.

Answer 2

*Disclaimer: I'm Canadian

Whenever I go to the 'States with my laptop (and numerous external hard drives), the last concern I have is US Customs & Border Patrol apprehending me and rifling through my data. I could be paranoid and use Truecrypt to encrypt my entire drive, but what good would it do? I'm just another person passing into the US to shop or for business purposes. Unless you give them a very good reason to confiscate your computer & hard drives, they won't.

When they have searched people's computers, they are often looking for obviously illegal content (e.g. child pornography, nuclear launch codes etc.), not whether you've downloaded a few movies or not. The Digital Millennium Copyright Act (which I hope never comes to Canada) says that you are allowed to make a single copy of your movie or album for backup purposes, but it also makes breaking the encryption on the DVDs illegal. Essentially, it's illegal to do something legal.

As far as the NAS box goes, I would put it in my luggage. I know luggage usually gets bounced around a lot and sometimes even lost (though I've had excellent luck so far), but it's so much easier than having to explain to a very puzzled (Australian) security official what it is. Don't forget that the people who will be X-raying your bag are in your home country, not the one you're traveling to.

It basically all comes down to this:
The US Customs and Border Patrol people working in airports clear thousands of people for entry into the United States every single day. 99.9999% of them move on into the country. The 0.0001% that don't are those who have criminal records, haven't filled out their information cards properly or who forgot their passports. If you don't give them a reason to confiscate your data, they won't.

Safe travels!

Answer 3

I've read some news reports that confirm customs agents have the authority to inspect hard drives, and have done so on a few occasions. However, I'm not sure how logistically feasible this is to be a major concern. Nearly everyone has a laptop, so inspecting every byte for "suspicious data" (whatever that is) would take forever, if even possible. Furthermore, even if they found, say, some MP3s, that in itself isn't illegal. Copying copyrighted data which you haven't bought is illegal, but the burden of proof is on them to prove you didn't buy them, which is virtually impossible to do if they didn't catch you in the act. If you say your data's legitimate, and they've got no evidence to contradict you, then you're safe.

Other users might mention that avoiding copy-prevention systems by making a backup is illegal. I'm not so sure about this, and most lawyers will admit the interpretation of US Copyright law is still unsettled in this regard. The EFF argues that making backups is covered under the "fair use" provision of US copyright law.

There are ways to create hidden and/or encrypted partitions which a customs agent would likely not have the technical skills to detect, but that's for super-paranoid-land, which you really shouldn't need to worry about.

So in other words, I think you're safe. It's not a crime, or even unusual, for a software developer to be carrying around software.

Answer 4

I go on flights a lot (my dad works for Air Canada) and not once have they asked me to turn on my laptop or show that it works. Yes, I'm talking about going through US Customs. The most they might do is swab the computer to make sure there aren't any harmful chemicals on it. I think they try to avoid turning them on as it may hold the line up.