This ruling might actually have a major effect on me. My client is preparing a lawsuit against the US, and has provided me with a laptop that contains many confidential documents--including many developed under attorney-client privilege. Does this mean that I have to curtail my international travel with this laptop? Even if I set up an FTP site and store files remotely, if the Feds are allowed to do warrantless forensics, they could conceivably obtain privileged information.
Meanwhile, we are not enforcing border law against known violators.
Very interesting implications in this ruling.
I realize that the case had to do with whether a border was crossed or not, but it was the forensic analysis without warrant that I was unaware of.
Encrypt your entire hard drive, after replacing old with a new one.
Years ago, before traveling to Beijing (and completely uncertain what I would encounter there), I bought a copy of Clean Disk Security to wipe all company-proprietary info from my laptop.
Turned out it was unnecessary. (But --oops-- I seem to have lost my copy since...)
"Even if I set up an FTP site and store files remotely, if the Feds are allowed to do warrantless forensics, they could conceivably obtain privileged information."
You could encrypt. Of course if you do that they'll claim you're a terrorist and lock you up until you give up the info.
You won't like this, but...I agree with this three-judge panel!
My guess is, there is A LOT more to Stuart Romm than deleted child porn on his laptop.
Heck, we've been searching laptops for years; but only if we suspect criminal activity.
Nah, this isn't a 'border thread' it's all about child pornography.
Found two references to perps with the same name here:
Massachusetts to Florida: Stuart Romm, a former administrative law judge from Brockton, Massachusetts was extradited to Florida to face charges of transmitting child pornography and soliciting sex over the Internet from a young boy, who was actually a Florida sheriff.[110]
http://www.uri.edu/artsci/wms/hughes/ppncpt5.htm
Distribution of child pornography has expanded exponentially with advances in computer technology and increased availability and popular use of the Internet. Southern Nevada’s ICAC has been instrumental in developing cases against persons who commit child exploitation crimes. Federal laws regarding sexual exploitation include: Transporting, Receiving, Distributing, Manufacturing, or Possession of Child Pornography; Coercion and Enticement of Children for Sexual Acts; Travel With Intent to Engage in Sex With a Minor; Child Prostitution; and Child-Sex Tourism. Between January 2000 and April 2005, 108 individuals have been charged with federal child pornography-type offenses in the District of Nevada. Persons prosecuted include Stuart Romm, sentenced on November 22, 2004, to a minimum mandatory 180 months in prison and lifetime supervised release for his jury convictions on Receipt and Possession of Child Pornography; Kevin Eric Curtain, sentenced on October 25, 2004, to five years in prison for his jury convictions on Travel with Intent to Engage in a Sexual Act With a Juvenile and Coercion and Enticement of a Minor; and Mark Raffensparger, sentenced on October 12, 2004, to 41 months in prison and lifetime supervised release for his guilty plea to Possession of Child Pornography.
http://www.usdoj.gov/usao/nv/home/pressrelease/june2005/children060705.htm
G4s have a Secure Trash option.
Push the button and the trashed items can not be recovered.
In theory you would retrieve your client's files from a separate site, read them,trash any down loads, then secure the trash.