Lets say you just traveled outside your home country (USA). You keep your data on a secure USB (FIPS 140-2 level 3) that will self destruct after (x) number of failed attempts. The data you keep on your drive is very important (Company Secrets, Passwords, Unrecoverable encryption keys, etc.. Very valuable data). When entering the country again the CBP agent flags you for an additional inspection. Upon inspection, they discover your super secure USB with a keypad that peeks his interest. They decide they want to inspect what is on the drive. When asked to unlock the drive you refuse but divulge that very important business data is on the drive.
..At this point they claim you might be a "terrorist" in order to have reasonable suspicion. The CBP agent confiscates the USB in order to do a "forensic examination". During this examination someone handling the drive attempts to unlock the drive too many times and destroys the data.
126.96.36.199 Safeauarding Data During Storage and Transmission. CBP will appropriately safeguard information retained, copied, or seized under this Directive and during transmission to another federal agency. Appropriate safeguards include keeping materials in locked cabinets or rooms, documenting and tracking copies to ensure appropriate disposition, and other safeguards during transmission such as password protection or physical protections. Any suspected loss or compromise of information that contains personal data retained, copied, or seized under this Directive must be immediately reported to the Port Director, Patrol Agent in Charge or equivalent level manager and the CBP Office of Internal Affairs
The data on the drive causes your company to go belly up due to the lose of this drive. This costs you personally millions of dollars and potentially billions worth of investor money.
- Is the government liable for data destroyed during a forensic examination?
- What agency would be liable?
- Are there limits to the amount you can sue the federal government?