Posted on 08/01/2008 12:07:42 PM PDT by southlake_hoosier
The U.S. Department of Homeland Security has concocted a remarkable new policy: It reserves the right to seize for an indefinite period of time laptops taken across the border.
A pair of DHS policies from last month say that customs agents can routinely--as a matter of course--seize, make copies of, and "analyze the information transported by any individual attempting to enter, re-enter, depart, pass through, or reside in the United States." (See policy No. 1 and No. 2.)
DHS claims the border search of electronic information is useful to detect terrorists, drug smugglers, and people violating "copyright or trademark laws." (Readers: Are you sure your iPod and laptop have absolutely no illicitly downloaded songs? You might be guilty of a felony.)
This is a disturbing new policy, and should convince anyone taking a laptop across a border to use encryption to thwart DHS snoops. Encrypt your laptop, with full disk encryption if possible, and power it down before you go through customs.
Here's a guide to customs-proofing your laptop that we published in March.
It's true that any reasonable person would probably agree that Customs agents should be able to inspect travelers' bags for contraband. But seizing a laptop and copying its hard drive is uniquely invasive--and should only be done if there's a good reason.
Sen. Russell Feingold, a Wisconsin Democrat, called the DHS policies "truly alarming" and told the Washington Post that he plans to introduce a bill that would require reasonable suspicion for border searches.
But unless Congress changes the law, DHS may be able to get away with its new rules. A U.S. federal appeals court has ruled that an in-depth analysis of a laptop's hard drive using the EnCase forensics software "was permissible without probable cause or a warrant under the border search doctrine."
At a Senate hearing in June, Larry Cunningham, a New York prosecutor who is now a law professor, defended laptop searches--but not necessarily seizures--as perfectly permissible. Preventing customs agents from searching laptops "would open a vulnerability in our border by providing criminals and terrorists with a means to smuggle child pornography or other dangerous and illegal computer files into the country," Cunningham said.
The new DHS policies say that customs agents can, "absent individualized suspicion," seize electronic gear: "Documents and electronic media, or copies thereof, may be detained for further review, either on-site at the place of detention or at an off-site location, including a location associated with a demand for assistance from an outside agency or entity."
Outside entity presumably refers to government contractors, the FBI, and National Security Agency, which can also be asked to provide "decryption assistance." Seized information will supposedly be destroyed unless customs claims there's a good reason to keep it.
An electronic device is defined as "any device capable of storing information in digital or analog form" including hard drives, compact discs, DVDs, flash drives, portable music players, cell phones, pagers, beepers, and videotapes.
They own you, your property, your papers and your mind.
So, which part are you under the delusion they dont have?
That kind of thinking is sooooo 9/10.
This complaint arose on the WA State/British Columbia border, where several Pakistani natives had their computers searched. They were claiming discrimination, so the HS comes out with a statement that they can search anyones computers.
And the job of border patrol agents is to guard the border and enforce immigration and customs laws, not to search American citizens without probable cause or a warrant.
Border agents are supposed to defend the borders. Can you imagine if FBI agents were out there handing out speeding tickets instead of being involved in federal law investigations and apprehensions of those criminals? It seems like a misuse of a specific branch of law enforcement, which enforces specific laws regarding border crossings.
Aside from blunt force trauma? Why, you could strangle someone with the power cord. Or take the keys out and choke someone. Or hook them up to the battery and zap them. Cause a seizure using a well-designed gif? Eject a CD into their face (from 500 feet up)?
As long as terrorists have these weapons, no American is safe.
I prefer to think of it as 1789.
I guess what they would be looking for is information, but the whole idea of seizing them without a warrant or suspicion is scary.
Well… you know I’m as knee-jerk as anybody when it comes to freedom and the Constitution. But this just isn’t a big deal.
It’s customs power, and frankly it’s nothing new. Customs has always had the power to look at anything they want at the border. There’s no probable cause required. Never has been. All this is about is that they’ve clarified that yeah, along with everything else this power extends to electronics too.
People act like suddenly it’s a surprise that Customs can open stuff up and rifle around through it. Ever traveled internationally? That’s what happens at Customs.
That said, generally they don’t do it full-bore, and they won’t be doing it now with all laptops either. It’s too much trouble and it’s not worth it. They’ll do it when they think it’s worthwhile. Just like always. Some people breeze through Customs and some people get their luggage torn up every way from sideways. When I was in the Coast Guard over twenty years ago we had this power with any vessel entering port. We didn’t even have to prove they’d been out of U.S. waters before we cut open all the upholstery. We could do it and we didn’t need probable cause either. But we usually didn’t do it, of course. No need to and it makes for bad PR. In fact, most of the time we ~did~ try to work up probable cause if we could, just because it’s nice to have, but we didn’t ~have to~.
The only thing not subject to a customs search is a sealed Diplomatic Pouch. That’s just the way it always has been and the way it has to be.
As if criminals aren’t sophisticated enough to expect this?
Oh let’s see. I have plans to build an extra atmospheric globonalizer ray and I want to come to Amerika.
I think I’ll just open a free and anonymous email account from this Internet Schnell Imbiss in Heilbronn, Germany, and email the plans to another free and anonymous account I created from the free wireless at the Dar es Salaam Hilton, of which I wasn’t even a guest.
Then, I’ll fly to Amerika, go to a public library, or a University, and retrieve the email and download it on a micro SD card, in a hidden and encrypted partition, and insert it into my camera.
That way, you see, I can walk right into the Senate building and hand it over to Harry Ried, my handler.
That ok with you, komrad border guards?
The U.S. Government to its subjects: "We must deprive you of your liberties in order to protect your liberties."
The U.S. Government to its subjects: "Brains!!!! Brains!!! Must have brains!!!"
DHS has created more Democrat voters than any other entity in history. Nice going.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures , shall not be violated, and no Warrants shall issue , but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Ah, the good old days. Now just a “quaint” notion.
Can they keep things indefinitely?
“I think I’d rather lose my computer for awhile than have a bunch of innocent Americans killed in a terrorist attack.”
Good grief. How afraid do you have to be to justify stuff like this? You’re not alone though. There are plenty of people willing to put up with this crap because of fear.
Just how much freedom are you willing to give up? Actually, maybe you shouldn’t answer that, I wouldn’t want to give the bastards any ideas.
“Aside from blunt force trauma? Why, you could strangle someone with the power cord. Or take the keys out and choke someone. Or hook them up to the battery and zap them. Cause a seizure using a well-designed gif? Eject a CD into their face (from 500 feet up)? “
You forgot Helen Thomas pictures at close range.
“Those who would give up essential freedoms for a little temporary safety deserve neither liberty nor safety” - Ben Franklin
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