Skip to comments.Dept. of Homeland Security: Laptops, Phones Can Be Searched Based on Hunches
Posted on 06/05/2013 2:01:37 PM PDT by Nachum
WASHINGTON (CBSDC/AP) U.S. border agents should continue to be allowed to search a travelers laptop, cellphone or other electronic device and keep copies of any data on them based on no more than a hunch, according to an internal Homeland Security Department study. It contends limiting such searches would prevent the U.S. from detecting child pornographers or terrorists and expose the government to lawsuits.
The 23-page report, obtained by The Associated Press and the American Civil Liberties Union under the U.S. Freedom of Information Act, provides a rare glimpse of the Obama administrations thinking on the long-standing but controversial practice of border agents and immigration officers searching and in some cases holding for weeks or months the digital devices of anyone trying to enter the U.S.
(Excerpt) Read more at washington.cbslocal.com ...
The list, Ping
Let me know if you would like to be on or off the ping list
After all, we’re the government. We should be able to snoop or steal anything you have on a hunch.
The only goal here is to harass legal citizens all the while the borders are leaking like a sieve.
Come search me. Please.
And I suppose that if one has encrypted his laptop’s hard drive, and declines to give the password for unlocking it, one can be detained indefinitely, based on recent court precedent IIRC.
yes, follow a hunch.
Just photo shop what Janet Napolitano would look like nude and make it your desktop background. That will stop anybody in their tracks!
Ah, “specific and articulable”, we hardly knew ye.
My laptop was accessed by Canadian immigration agents a few years ago.They demanded the password and,while they were tearing my car apart,they looked at the contents for about 5 minutes.In all my many travels overseas I’ve only been searched by three countries upon entry...Vietnam,India and Canada.Quite embarrassing and annoying to be sure...particularly by a civilized country like Canada.
The fascists are gaining ground.
“TruCrypt with hidden directory is your friend.”
And then in cloud storage.
What are warrants, nothing?
The real question is how far down into the freaking abyss is this coup going to go before someone majoryly pushes back? Where are the oathkeepers? I don’t mean specifically the organization, just all the oathtakers in all levels, where ever they may be. I hope a goodly percentage of them are considering this.
....well....I have a hunch that a certain miscreant at 1600 is using a Blackberry cell phone for nefarious purposes...
Not the same people, but also related to those who get reports from Russia about young jihadists in this country, and cannot be bothered to follow up to see if there is anything going on... resulting in the Boston Marathon bombing. We will hear that, if only they had more money, they would be able to be more effective.
Some day it will dawn on the American Civil Liberties Union that democrats are thugs who don’t believe in the Constitution. Considering how radical left they’ve become - they might not care..
You're right - this has nothing to do with illegals and everything with targeting conservative Americans. Now it makes sense why these 'security guards' aren't given police training. A policeman would know this type of search is against the law.
Isn’t a following a hunch the same thing as profiling?
So , “Probable Cause “, as a ‘Law of the Land’ exists no more ?
Is this by adminstrative “guidance” ?
Any test legal case ?
Or is this another “OverReach Interpretation” ?
The word “hunch” has no legal basis in anything. There is “probable cause”, which itself is sufficiently nebulous to fill a textbook of case law, or their isn’t. This gang just makes it up as they go along.
Zero’s people winning more friends by peesing off the AySeeElYou.
Pop some corn, pull up a rock and we’ll watch the police state implode.
I was just reading that article at “Wired”.
The problem with decrypting is you are essentially being asked to recreate something that encrypt destroyed.
More like fishing with a trawling net.
The Dept. of Homeland Security can be de-funded based on hunches, too.
These searches of electronics, while controversial, are being done as part of a entry or exit inspection by Customs and Border Protection. There is a 4th amendment exception for border searches which allows a search of all materials crossing the border.
If we’re going to fight a war against a foreign enemy, we should be doing just that instead of gazing at our own national navel (descendants of Europe).
Oh, so they can search legal US citizens’ laptops and phones and probably bashing them to pieces in the process but they can’t be bothered to arrest illegals in a Mexican protest parade?
Makes me wonder why my grandfather went to Normandy for. I asked this in 1983, “what if we (the US) ever became the Evil Empire?” 30 years later, I think Pogo Possum had it right, “we’ve met the enemy, he is us.”
Anybody who takes data across international borders should expect to lose it to somebody. If you have to take a large amount of data, you should store it on a memory chip. A 32 gigabyte chip now costs as little as $32.
Heck, you could even use steganography software to conceal your data in the most boring tourist photos ever, or download an enormous pictorial guide to “the beetles of the world”, with 350,000 different pictures of beetles, that look exactly the same with encrypted data in them.
Anybody who takes data across international borders....
Constitution free zones are subject to search as well.
... what is the border? According to the government, it is a 100-mile wide strip that wraps around the external boundary of the United States.
Map- includes zones around the great lakes
Yep, homeland is targeting middle class Americans again.. not too many illegals crossing the desert have laptops with them...
Does this include New York Time’s laptops? Or mabe James Rosen’s? Those AP guys look a little suspicious...
This is against the law ...
This is against the law ...
As a matter of fact, it's not.
The 4th Amendment bars "unreasonable search and seizure".
However, your baggage may be routinely searched when you enter and leave the country. Under the 4th Amendment, this has always been considered a "reasonable search".
And searching a laptop is no different than searching your luggage.
“....well....I have a hunch that a certain miscreant at 1600 is using a Blackberry cell phone for nefarious purposes...”
Yes indeed! If that Assange wanted any American respect, he would access and publish the contents of Obama’s offline fundamental transformation device, e.g., his Blackberry.
“There is a 4th amendment exception for border searches which allows a search of all materials crossing the border.”
Is that crossing the border, or being within 100 miles of a border?
I couldn’t find an exception to the 4th Amendment in my copy of the Constitution....
I do see a whole lot of people who believe they exist to tell me what’s what in the matters of my life.
Watching the powers that be in action these days is a pride swallowing siege!
This only applies to border crossing. It isn’t applied 100 miles from the border. In order for an agent with customs officer authority to conduct they have to have reasonable suspicion of a border crossing.
The problem is reasonable suspicion is a vague term. It can be
anything they deem it to be.
“Homeland Security’ acting like bullies - caught on video - check it out at three and a half minutes in... 3:50