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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
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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 donÂ’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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