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District Judge Upholds Government’s Right to Search Electronics at Border

In his opinion, Judge Edward R. Korman of the Federal District Court for the Eastern District of New York found that the plaintiffs did not have standing for their lawsuit because such searches occur so rarely that “there is not a substantial risk that their electronic devices will be subject to a search or seizure without reasonable suspicion.”

Even if the plaintiffs did have standing, Judge Korman found that they would lose on the merits of the case, ruling that the government does not need reasonable suspicion to examine or confiscate a traveler’s laptop, cellphone or other device at the border.

“There’s no silver lining to this decision,” said Catherine Crump, a lawyer for the American Civil Liberties Union, which represented the plaintiffs. “It’s not just that we lost the case. It’s that the judge decided against us on multiple alternative grounds.”

The lawsuit was filed in 2010 by Pascal Abidor, a graduate student in Islamic studies, who sued the government after American border agents removed him from an Amtrak train crossing from Canada to New York. He was handcuffed, placed in a cell and questioned for several hours, then his laptop was seized and kept for 11 days.

The National Association of Criminal Defense Lawyers and the National Press Photographers Association were also plaintiffs in the case, arguing that their members travel with confidential information that should be protected from government scrutiny.

In rejecting this argument, Judge Korman cited the rarity of electronic device searches and questioned whether travelers need to carry computers containing sensitive data when they travel abroad.

“While it is true that laptops may make overseas work more convenient,” he wrote, “the precautions plaintiffs may choose to take to ‘mitigate’ the alleged harm associated with the remote possibility of a border search are simply among the many inconveniences associated with international travel.”

Mr. Abidor said he was disappointed but not entirely surprised by the ruling.

“I can’t say it wasn’t foreseeable based on the line of questioning by the judge during the initial hearing,” Mr. Abidor said. “He just seemed so skeptical of the basic premise that people need to travel with devices.”

“These checks are essential to enforcing the law, and protecting national security and public safety,” Peter Boogaard, a spokesman for the Department of Homeland Security, said in a statement, “always with the shared goals of protecting the American people while respecting civil rights and civil liberties.”

In his opinion, Judge Korman emphasized how infrequently border agents search or detain electronic devices, but it is unclear how accurately the government tracks these statistics.

According to Customs and Border Protection, the agency conducts about 15 device searches a day at American entry points. But a 2011 assessment of this practice by the Department of Homeland Security, which oversees the border agency, cited problems with how these incidents are counted.

The report noted: “C.B.P.’s system for entering the results of electronic device searches did not allow analysts to accurately identify incidents and seizures related to electronic device search activity, thus hindering C.B.P.’s ability to monitor and evaluate performance and making it difficult to provide accurate operational data concerning searches of electronic devices.”

While the courts have generally supported the government’s authority to search travelers at the border, based on the government’s interest in combating crime and terrorism, a decision last year placed some limits on more intrusive device searches.

In March, the Court of Appeals for the Ninth Circuit in California ruled in United States v. Cotterman that reasonable suspicion of criminal activity was required for a forensic search of a device confiscated at the border — a more extensive exam, as opposed to a cursory look at photos or other files.

That decision applies to states covered by the Ninth Circuit, including California, Washington, Oregon, Idaho, Montana, Nevada, Arizona, Alaska and Hawaii. Judge Korman’s ruling will not have as much legal impact, since it comes from a district court rather than a circuit court.

“It maintains the status quo, which is that the government is free everywhere except in the Ninth Circuit to conduct all types of electronic device searches without reasonable suspicion,” Ms. Crump from the A.C.L.U. said. “We are considering an appeal, but we haven’t made a decision one way or the other yet.”

Sony’s Bread and Butter? It’s Not Electronics

Sony has made money making Hollywood movies and selling music. That profitable part of the business is what Daniel S. Loeb, an American investor and manager of the hedge fund Third Point, wants Sony to spin off to raise cash to resuscitate its electronics business.

But as Mr. Loeb pressures Sony executives to do more to revive the company’s ailing electronics arm, some analysts are asking, Why bother?

Sony, it is suggested, might be better off just selling insurance.

Or just making movies and music. But not electronics.

A new report from the investment banking firm Jefferies delivered a harsh assessment of Sony’s electronics business. “Electronics is its Achilles’ heel and, in our view, it is worth zero,” wrote Atul Goyal, consumer technology analyst for Jefferies, in the report, released this week.

“In our view, it needs to exit most electronics markets.”

The maker of the Walkman and the Trinitron without electronics? What would it do?

Although Sony sells hundreds of products as varied as batteries and head-mounted 3-D displays, it so happens that Sony’s most successful business is selling insurance. While it doesn’t run this business in the United States or Europe, Sony makes a lot of money writing life, auto and medical policies in Japan.

Its financial arm accounts for 63 percent of Sony’s total operating profit last year. Life insurance has been its biggest moneymaker over the last decade, earning the company 933 billion yen ($9.07 billion) in operating profit in the 10 years that ended in March.

Sony’s film and music divisions, which produced hits like the Spider-Man movies and “Zero Dark Thirty” and recorded musicians like the cellist Yo-Yo Ma and the electronic music duo Daft Punk, have contributed $7 billion to the company’s bottom line over the last decade.

In that time, Sony’s electronics division has lost a cumulative $8.5 billion.

Hardly Sony’s crown jewels, experts say.

“The problem is that the board is still absolutely focused on fixing electronics,” said Kouji Yamada, a visiting professor at Hitotsubashi University in Tokyo and research director of Mission Value Partners, a Sonoma, Calif., investment company.

Sony’s chief executive, Kazuo Hirai, said last Wednesday that its board would consider Third Point’s proposal, even as it emphasized that the discussions were preliminary and that it had not set a time for a response.

But to a small band of analysts, Mr. Loeb’s prescriptions for Sony are shortsighted, merely milking the company’s profit-making content business for good money to throw after the bad.

As proof of the untenable future facing Sony’s electronics, critics point to its televisions and smartphones. Competition is intense, and in cellphones Sony remains a bit player. Even where it is more successful, in digital cameras or game consoles, it is struggling to stay abreast of stronger companies.

Sheer lack of managerial attention could soon start to hurt Sony’s insurance and entertainment divisions, Mr. Yamada warned. Sony Financial Holdings, a publicly traded company of which Sony owns 60 percent, has been underperforming its peers on the Tokyo stock exchange. Its share price has risen just 4 percent this year, compared to a 36 percent increase in shares of its rival, Dai-ichi Life Insurance.

And in the entertainment business, where alliances and tie-ups are starting to dominate strategy, Sony’s film and music units could be slowed by having to deal with a board that sits in Tokyo and does not have its hand on the pulse of a fast-moving industry, Mr. Yamada said.

“Maneuvering three completely different industries, that’s too much,” Mr. Yamada said. “These should all be separate companies.”

Sony maintains that its varied units make up a coherent whole. But the history of how it acquired its hodgepodge of companies suggests otherwise.

Sony’s co-founder, Akio Morita, first got the idea of buying a finance company on a trip to the United States in the 1950s to promote the company’s new transistor radio, according to an official recounting of its corporate history. On that trip, Mr. Morita was stunned by the sight of Chicago’s skyscrapers, especially the Prudential Building that dominated the Chicago skyline.

This article has been revised to reflect the following correction:

Correction: May 28, 2013

An earlier version of this article mistakenly identified Norio Ohga. Mr. Ohga was the president of Sony at the time of the acquisitions of Columbia Pictures and CBS Records; he was not a co-founder of Sony.

Taiwan Tries to Regain Its Lead in Consumer Electronics

TAIPEI, Taiwan — Jonney Shih, the chairman of Asustek Computer, has epitomized the Taiwanese electronics engineer for a generation: a slender figure in rumpled, baggy trousers, he once helped Intel solve heat problems in its Pentium 4 microprocessors.

So it has been a surprise over the last several years to see Mr. Shih, now 60, reinvent himself with snug-cut Italian suits, innovative designs for tablet and notebook computers and scathing criticisms of Taiwan’s test-obsessed, engineering-oriented educational system.

“I don’t think the Taiwanese got very good training to drive the mentality of innovation,” he said during an interview at Asus’s headquarters here on the outskirts of Taipei. (Mr. Shih also demonstrated his flexibility in the interview, assuming the lotus position while wearing a dark blue Armani suit with a sky-blue Armani tie.)

Fostering innovation has become a mantra among corporate leaders and government officials alike in Taiwan this year because the island’s huge consumer electronics industry has run into serious trouble.

Worldwide sales of PCs, for which Taiwanese companies control over 90 percent of the final design and manufacturing, are declining steadily. Sales of smartphones, for which Taiwanese companies control less than a fifth of the market, are rising briskly. Tablets based on the Android operating system, which most Taiwanese companies, with the exception of Asus, have been slow to embrace, are also on the same upward trajectory.

“Outside of Asus, all the others are struggling,” said Helen Chiang, a Taiwan electronics specialist at the IDC research firm.

Foxconn and Acer have each reported that sales in the first quarter dropped 19 percent from a year ago. HTC’s sales plunged 37 percent, although that was partly because the company began shipping the annually improved version of its best-known smartphone in late March instead of February. At Quanta, a 70,000-employee contract designer and manufacturer of notebook computers, sales have shown double-digit percentage drops from year-earlier levels for 14 consecutive months.

Foreign rivals have proved more nimble. In South Korea, Samsung is expanding rapidly in smartphones, tablet computers and other sectors. After embracing the Android operating system early, the company has built on its huge economies of scale in the mass production of components, like display screens and microprocessors.

In China, Lenovo and many smaller manufacturers are relying on labor that, while no longer cheap, is still less expensive than in Taiwan. That helped make Lenovo the only one among the top five PC makers worldwide to eke out a gain in shipments in the first quarter — although by only a tenth of a percent.

And in the United States, Apple, Google and Amazon have shown themselves adept at producing breakthrough consumer products, while pending legislation would allow them to import more foreign engineers at a lower cost than hiring and training domestic engineers.

As notebooks and other Windows-based PCs have lost ground, first to Apple tablets and now to Android-based designs, even Microsoft has been indicating dissatisfaction with the pace of PC innovation in Taiwan. Despite a longtime aversion to hardware, Microsoft recently introduced its own Surface tablet.

“The Surface tablet is a pretty strong signal to the whole Taiwan PC ecosystem that they’re not innovating enough,” said Bill Whyman, a senior managing director at the ISI research firm.

One exception to Taiwan’s difficulties is Asus. Its many new Android-based tablets, including one that it has branded with Google, allowed it to surpass Amazon in the first quarter of this year to become the third-largest player in the global tablet computer market, behind Apple and Samsung, according to IDC.

And some of its designs are downright clever. One new model, the PadFone, lets the user slide a cellphone into the back, turning the tablet into an oversize cellphone. Another tablet, the Transformer, features a detachable keyboard with a wireless connection and a two-sided display panel that can show a movie on one side to entertain children or guests while the other side is a regular computer display for the owner.

Europe Fines Electronics Makers $1.92 Billion

Senior managers at some of the world’s largest electronics companies often used those meetings, mostly in Asia, to fix the price of picture and display tubes for televisions and computer screens, the top European antitrust regulator said Wednesday.

Joaquín Almunia, the E.U. competition commissioner, said he would levy fines totaling almost €1.5 billion, or $1.96 billion, on seven companies involved in the two cartels, which operated for a decade until 2006. Combined, the fines amount to the largest single penalty for price fixing ever imposed by the commission.

The action follows a spate of similar cases in the glass and display sectors, where bulky cathode ray tubes have been supplanted by technologies like liquid crystal display and plasma that allow manufacturers to build far more compact monitors and screens.

Mr. Almunia imposed the strongest penalties on Philips Electronics of the Netherlands and LG Electronics of South Korea.

Mr. Almunia said at a news conference that the cartel activity began in the late 1990s, when the market was still strong for cathode ray tubes, and lasted until 2006 even as that market declined, allowing the conspirators to continue generating strong returns for a technology that was rapidly becoming outmoded.

“The companies were trying to manage through collusion the decline in the market for these kinds of tubes,” Mr. Almunia said. “The undue profits that the companies derived from the collusion may even have artificially slowed down the transition to the more modern products like LCD and plasma displays.”

Excerpts of minutes from meetings held by the cartel members obtained during the investigation showed the efforts they made to fix the market for the older technologies, according to commission officials.

“Producers need to avoid price competition through controlling their production capacity (of flat types in particular),” one excerpt read. Another noted that “mutual cooperation is required to deal with an expected economic downturn” in the second half of 2002.

One of the “greens meetings” took place at the Palm Garden Golf Club and was followed by a “Top Management” meeting in the Terengganu room of a Marriott Hotel, according to a person with knowledge of the investigation who asked not to be named because of the legal sensitivity of the case.

The person gave no further details about the location or the meeting. But those details suggested that the conspirators played and ate during the day at a luxury golfing resort near the Malaysian capital Kuala Lumpur that is equipped with a driving range, infinity-edge swimming pool and tennis courts.

In addition to the “greens meetings,” there were “glass meetings” for lower-level managers, the name probably related to the glass structure of the cathode ray tubes, officials said. They were held in Asia and in European cities including Glasgow, Paris, Rome, Amsterdam and Budapest, commission officials said.

The cartels “feature all the worst kinds of anti-competitive behavior that are strictly forbidden to companies doing business in Europe,” Mr. Almunia said. There had been “serious harm” to producers in Europe and to consumers, he said, since the cathode ray tubes had accounted for up to 70 percent of the price of screens.

The commission’s antitrust division can fine offenders up to 10 percent of their annual worldwide sales, and the fine on Wednesday exceeded the previous record of almost €1.4 billion, which was imposed in 2008, for a car-glass cartel.

But unlike regulators in the United States, the commission has no criminal enforcement powers and cannot prosecute or seek to jail participants for anti-competitive offenses. Many lawyers say that remains a shortcoming of the European system.