Travelers' Laptops May Be Detained At Border

[.Kompressor]

The Law is now in place....

Travelers' Laptops May Be Detained At Border

No Suspicion Required Under DHS Policies

By Ellen Nakashima

Washington Post Staff Writer

Friday, August 1, 2008; Page A01

Federal agents may take a traveler's laptop computer or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed.

Also, officials may share copies of the laptop's contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

"The policies . . . are truly alarming," said Sen. Russell Feingold (D-Wis.), who is probing the government's border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin.

DHS officials said the newly disclosed policies -- which apply to anyone entering the country, including U.S. citizens -- are reasonable and necessary to prevent terrorism. Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter.

Civil liberties and business travel groups have pressed the government to disclose its procedures as an increasing number of international travelers have reported that their laptops, cellphones and other digital devices had been taken -- for months, in at least one case -- and their contents examined.

The policies state that officers may "detain" laptops "for a reasonable period of time" to "review and analyze information." This may take place "absent individualized suspicion."

The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cellphones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "

Reasonable measures must be taken to protect business information and attorney-client privileged material, the policies say, but there is no specific mention of the handling of personal data such as medical and financial records.

When a review is completed and no probable cause exists to keep the information, any copies of the data must be destroyed. Copies sent to non-federal entities must be returned to DHS. But the documents specify that there is no limitation on authorities keeping written notes or reports about the materials.

"They're saying they can rifle through all the information in a traveler's laptop without having a smidgen of evidence that the traveler is breaking the law," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Notably, he said, the policies "don't establish any criteria for whose computer can be searched."

Customs Deputy Commissioner Jayson P. Ahern said the efforts "do not infringe on Americans' privacy." In a statement submitted to Feingold for a June hearing on the issue, he noted that the executive branch has long had "plenary authority to conduct routine searches and seizures at the border without probable cause or a warrant" to prevent drugs and other contraband from entering the country.

Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that "the most dangerous contraband is often contained in laptop computers or other electronic devices." Searches have uncovered "violent jihadist materials" as well as images of child pornography, he wrote.

With about 400 million travelers entering the country each year, "as a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion," Chertoff wrote. "Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers' often split-second assessments are second-guessed."

In April, the U.S. Court of Appeals for the 9th Circuit in San Francisco upheld the government's power to conduct searches of an international traveler's laptop without suspicion of wrongdoing. The Customs policy can be viewed at: http://www.cbp.gov/linkhandler/cgov/travel...h_authority.pdf.

Source

http://www.washingtonpost.com/wp-dyn/conte...8080103030.html

[obiwong]

oooooooooooooooook

this post 911 thinking is getting way out of hand now

so they can just take my ipod and laptop just for kicks now since they don't need any reason at all

nicely done (Y)

all in the name of protecting our freedoms of course

[.Kompressor]

V for Vendetta....anyone?

[Linkinfamous]

V for Vendetta....anyone?

Shh. The fingermen are watching...

[Jason S. Global Moderator]

more and more liberties are being lost in the name of "freedom." doesnt anyone see through this bs yet? what is it going to take for the american people to stand up and take control of the government again? but, no, it's ok... go back to your American Idol and that baseball game you just cant miss. shh.

now the UK wants to fingerprint every passenger on planes.

now there's a law trying to be passed that will ban cell phones on airplanes.

where does it end?

wake. up.

[obiwong]

"Any society that would give up a little liberty to gain a little security will deserve neither and lose both."

- Benjamin Franklin

[b0m8er]

Wow! that's just plain stupid!

[ShaneSparky_YYZ]

"Any society that would give up a little liberty to gain a little security will deserve neither and lose both."

- Benjamin Franklin

Oh the days when we had real people running the US.

9/11 will always make me believe it was a Bush government inside job to control and know people in more ways. This is an example.

Good job! It's working.

[Jason S. Global Moderator]

TheNay - it wasnt a "bush government inside job," it was an elitist job - the global elite. Democrat, republican - it doesnt matter. dont think Obama as president would be any different!

9/11 was another example of an operation to invade countries and control citizens.

the US (and UK for that matter) is quickly turning into a fascist country.

[xpgeek]

Just gets worse and worse.

[nukenorman]

So glad im moving out of the USA within 5 years

[Budious]

How soon until newegg starts selling usb storage in small cylindrical rectum friendly shapes?

*sarcasm*

[#Michael]

That's why they make truecrypt. Just encrypt to the point that it would take so much time and effort for them to get at any data on your machine and make it pointless for them.

[Budious]

That's why they make truecrypt. Just encrypt to the point that it would take so much time and effort for them to get at any data on your machine and make it pointless for them.

They will just seize it indefinitely and not return it, and hold you in contempt until you reveal how to access it.

In other words, before you travel abroad, setup a home server and transfer any questionable content over the Internet :)

[MtnDewCodeRedFreak]

TechMedik - or buy the IronKey.

[tiagosilva29]

In other words, before you travel abroad, setup a home server and transfer any questionable content over the Internet :)

It's irrelevant if the contents are questionable or not.

[Budious]

It's irrelevant to your matter of opinion... personal photographs or terrorists bomb schematics, whatever floats your boat tiagosilva.

[tiagosilva29]

It's irrelevant to your matter of opinion... personal photographs or terrorists bomb schematics, whatever floats your boat tiagosilva.

Being questionable is not a matter of opinion in this case, it's a matter of legal definition.

Family pictures, an improved algorithms for bioengineering, videos of me ****ing Joe's wife, entire business logs, information that is classified under attorney-client privilege.

It doesn't matter if the material is questionable or not under its legal definition. It's going to unlawfully being examined, because there is the possibility of having something in there.

Using your line of reason, they should as well start putting a checkpoint outside your house, for every time you enter/leave you may have a questionable item or motive.

[Budious]

Reading too much into my statement man, I was just trying to make the point you were without writing an entire article on it.

[tiagosilva29]

Sorry, mail's ****ing me off in the Neowin IRC.

[peterish]

tattoo important information onto your body, a la prison break!

[#Michael]

They will just seize it indefinitely and not return it, and hold you in contempt until you reveal how to access it.

In other words, before you travel abroad, setup a home server and transfer any questionable content over the Internet :)

If I have nothing to hide, then fine, hold me in contempt. It's a violation of my 4th amendment rights. Unless DHS and Bush has somehow managed to repeal the 4th amendment without 3/4 of states approval then I believe I am safe.

[Harlem39s Finest]

how long until mandatory brain scan ?

[Deletedforeverhaha]

how long until mandatory brain scan ?

Ask Section 9.

/Ghost in the Shell fan

[Green_Eye]

That is truly going too far :|