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Dept. of Homeland Security: Laptops, Phones Can Be Searched Based on Hunches
CBS ^ | 6/5/13 | CBSDC/AP

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 traveler’s 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 administration’s 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 ...


TOPICS: News/Current Events
KEYWORDS: homeland; laptops; phones; security

1 posted on 06/05/2013 2:01:37 PM PDT by Nachum
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


2 posted on 06/05/2013 2:03:00 PM PDT by Nachum (The Obama "List" at www.nachumlist.com)
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To: Nachum

After all, we’re the government. We should be able to snoop or steal anything you have on a hunch.


3 posted on 06/05/2013 2:03:56 PM PDT by DoughtyOne (Funny thing happened on the way to the Constitution burning, Lefties rights were Iviolated...)
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To: Nachum

The only goal here is to harass legal citizens all the while the borders are leaking like a sieve.


4 posted on 06/05/2013 2:04:27 PM PDT by E. Pluribus Unum ("Forget it, Jake. It's Eric Holder's people.")
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To: Nachum

Come search me. Please.


5 posted on 06/05/2013 2:04:50 PM PDT by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Nachum

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.


6 posted on 06/05/2013 2:04:55 PM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
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To: DoughtyOne

yes, follow a hunch.


7 posted on 06/05/2013 2:05:26 PM PDT by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Nachum

Just photo shop what Janet Napolitano would look like nude and make it your desktop background. That will stop anybody in their tracks!


8 posted on 06/05/2013 2:05:49 PM PDT by GregNH (If you can't fight, please find a good place to hide!)
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To: Nachum

Ah, “specific and articulable”, we hardly knew ye.


9 posted on 06/05/2013 2:08:48 PM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Nachum

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.


10 posted on 06/05/2013 2:10:43 PM PDT by Gay State Conservative (Leno Was Right,They *Are* Undocumented Democrats!)
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To: Nachum

The fascists are gaining ground.


11 posted on 06/05/2013 2:11:02 PM PDT by I want the USA back (Pi$$ed off yet?)
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To: Nachum

12 posted on 06/05/2013 2:11:04 PM PDT by JoeProBono (Mille vocibus imago valet;-{)
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To: GregNH
TruCrypt with hidden directory is your friend.
13 posted on 06/05/2013 2:11:49 PM PDT by garyb
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To: I want the USA back

yes.


14 posted on 06/05/2013 2:12:10 PM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: Nachum
Dept. of Homeland Security: Laptops, Phones Can Be Searched Based on Hunches

Are these the same people that does nothing about all the illegal aliens that are in this country illegally and they want to search our personal items on a hunch!? Wow!
15 posted on 06/05/2013 2:14:24 PM PDT by ForAmerica (Texas Conservative Christian Black Man!)
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To: garyb

“TruCrypt with hidden directory is your friend.”

And then in cloud storage.


16 posted on 06/05/2013 2:16:51 PM PDT by Jyotishi (Seeking the truth, a fact at a time.)
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To: Steely Tom
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.

Oh, silly me, that was my Shred and Crash Self-Destruct password.
You probably wanted the other one, didn't you?


17 posted on 06/05/2013 2:17:05 PM PDT by Buckeye McFrog
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To: Nachum
Unacceptable. I might have company confidential information on that laptop, that I'm not *allowed* to share.
And who knows how much crap downloaded by dubious websites.
If I was truly up to no good, I could easily have e-mailed and erased any incriminating bits ahead of time, so searching laptops makes no sense at all.
Government afraid of lawsuits if they don't search? Gimme a break!
Probable cause and a warrant should still be required.
No fishing expeditions by paranoid governments.


18 posted on 06/05/2013 2:17:20 PM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
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To: Nachum

Hunches?

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.


19 posted on 06/05/2013 2:17:49 PM PDT by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. CSLewis)
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To: Nachum

....well....I have a hunch that a certain miscreant at 1600 is using a Blackberry cell phone for nefarious purposes...


20 posted on 06/05/2013 2:19:08 PM PDT by spokeshave (The only people better off today than 4 years ago are the Prisoners at Guantanamo.)
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To: ForAmerica

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.


21 posted on 06/05/2013 2:31:25 PM PDT by NEMDF
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To: Nachum

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..


22 posted on 06/05/2013 2:35:51 PM PDT by GOPJ (Swedes bring their cars..savages their flames..burning cars a metaphor. D. Greenfield)
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To: E. Pluribus Unum
The only goal here is to harass legal citizens all the while the borders are leaking like a sieve.

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.

23 posted on 06/05/2013 2:37:46 PM PDT by GOPJ (Swedes bring their cars..savages their flames..burning cars a metaphor. D. Greenfield)
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To: Nachum

Isn’t a following a hunch the same thing as profiling?


24 posted on 06/05/2013 2:37:52 PM PDT by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: Nachum

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” ?


25 posted on 06/05/2013 2:38:35 PM PDT by Tilted Irish Kilt (" Criminals simply don’t care if they break the law. " by Larry Correia)
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To: little jeremiah

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.


26 posted on 06/05/2013 2:41:12 PM PDT by SpaceBar
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To: Nachum

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.


27 posted on 06/05/2013 2:42:35 PM PDT by tumblindice (America's founding fathers: All armed conservatives.)
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To: Steely Tom

I was just reading that article at “Wired”.

The problem with decrypting is you are essentially being asked to recreate something that encrypt destroyed.


28 posted on 06/05/2013 2:50:51 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Fresh Wind

More like fishing with a trawling net.


29 posted on 06/05/2013 3:04:57 PM PDT by Vendome (Don't take life so seriously, you won't live through it anyway)
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To: Nachum

The Dept. of Homeland Security can be de-funded based on hunches, too.


30 posted on 06/05/2013 3:27:04 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: Tilted Irish Kilt

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.


31 posted on 06/05/2013 3:28:07 PM PDT by USNBandit (sarcasm engaged at all times)
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To: Nachum

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).


32 posted on 06/05/2013 3:30:21 PM PDT by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: Nachum

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?


33 posted on 06/05/2013 3:54:24 PM PDT by bgill (The problem is...no one is watching the Watch List!)
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To: Nachum

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.”


34 posted on 06/05/2013 4:35:00 PM PDT by Nowhere Man (It is about time we re-enact Normandy, at the shores of the Potomac.)
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To: Nachum

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.


35 posted on 06/05/2013 4:54:17 PM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: yefragetuwrabrumuy

Anybody who takes data across international borders....

_______________

Constitution free zones are subject to search as well.

Fact Sheet
http://www.aclu.org/technology-and-liberty/fact-sheet-us-constitution-free-zone

... 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

http://www.aclu.org/know-your-rights-constitution-free-zone-map


36 posted on 06/05/2013 5:24:27 PM PDT by Whenifhow
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To: ForAmerica

Yep, homeland is targeting middle class Americans again.. not too many illegals crossing the desert have laptops with them...


37 posted on 06/05/2013 7:40:28 PM PDT by GOPJ (Swedes bring their cars..savages their flames..burning cars a metaphor. D. Greenfield)
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To: Nachum

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 ...


38 posted on 06/05/2013 7:42:15 PM PDT by GOPJ (Swedes bring their cars..savages their flames..burning cars a metaphor. D. Greenfield)
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To: GOPJ
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 ...

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.

39 posted on 06/05/2013 8:08:50 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE --)
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To: spokeshave

“....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.


40 posted on 06/05/2013 8:46:03 PM PDT by Bshaw (,A nefarious deceit is upon us all!)
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To: USNBandit

“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!


41 posted on 06/05/2013 9:33:35 PM PDT by Bshaw (,A nefarious deceit is upon us all!)
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To: Bshaw

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.


42 posted on 06/06/2013 7:13:37 AM PDT by USNBandit (sarcasm engaged at all times)
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To: USNBandit

“reasonable suspicion”

The problem is reasonable suspicion is a vague term. It can be
anything they deem it to be.


43 posted on 06/06/2013 10:52:12 AM PDT by Principle Over Politics (Is this a free country or what?)
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To: All
It will not be long when you'll also access your online, e.g.: Carbonite, iCloud, etc.


44 posted on 06/07/2013 12:16:49 PM PDT by hamboy
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To: Nachum; E. Pluribus Unum; no-to-illegals; Steely Tom; GregNH; jiggyboy; Gay State Conservative; ...

“Homeland Security’ acting like bullies - caught on video - check it out at three and a half minutes in... 3:50

http://www.youtube.com/watch?v=1R_En28jaeM


45 posted on 06/17/2013 12:32:09 PM PDT by GOPJ (Why don't Democrats waste their time trying to win the votes of gun owners? - Coulter)
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To: GOPJ

46 posted on 06/17/2013 1:11:10 PM PDT by JoeProBono (Mille vocibus imago valet;-{)
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