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Gypsy Jan
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Travelers' Laptops May Be Detained At Border
No Suspicion Required Under DHS Policies
By Ellen NakashimaWashington 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/ admissability/ search_authority.ctt/ search_authority.pdf.
“Travel is fatal to prejudice, bigotry, and narrow mindedness.”
—Mark Twain
\"La vida es dura, el corazon es puro, y cantamos hasta la madrugada.” (Life is hard, the heart is pure and we sing until dawn.)
—Kirsty MacColl, Mambo de la Luna
\"Alea iacta est.\"
—Julius Caesar
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Iflyfish
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Looks like I need to dump all of my PEEPS science before crossing the border. Just in case my computer is confiscated you can find all the info you
need at http://www.peepresearch.org/
Iflyfish
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bancoduo
Banned
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| Quote: | Originally posted by Iflyfish
Looks like I need to dump all of my PEEPS science before crossing the border.
Iflyfish |
I hope they getcha "Pilgrim". I thought you were a subversive from day one.
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Iflyfish
Ultra Nomad
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Guilty......... of enjoying a good PEEP show, especially with graham crackers and Symphony melted on top.
Iflyfishandampassionateaboutpeppermintpeeps'mores
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bancoduo
Banned
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| Quote: | Originally posted by Iflyfish
Guilty......... of enjoying |
We at DHS Don't tolerate "enjoying".
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Oso
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Location: on da border
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Mood: wait and see
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Uh oh! Any recommendations for good "cleaner" software? Not that I would ever have anything improper in my registry...
All my childhood I wanted to be older. Now I\'m older and this chitn sucks.
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flyfishinPam
Super Nomad
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Location: Loreto, BCS
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Mood: gone fishin'
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police state...submit
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guadalupe
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My question is what if I have personal things on my computer like finances, banking, etc? What right do they have to do that? Next thing we know they
will make us strip at the border and search us too.
This is ridiculous!
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Bajabus
Senior Nomad
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Mood: My friends..it's good.
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It is a long and slippery slope isn't it........
"Preventive war was an invention of Hitler. Frankly I would not even listen to anyone seriously that came and talked of such a thing."
Dwight David Eisenhower
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DENNIS
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| Quote: | Originally posted by guadalupe
Next thing we know they will make us strip at the border and search us too.
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You'll just have to grin and bare it. Think of it as Gomer Pyle giving you a prostate exam.
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guadalupe
Junior Nomad
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Well, if that Mr. Gomer Pyle looks like George Clooney I might think about it!
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Gypsy Jan
Ultra Nomad
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I Propose Naked Border Crossing
No clothes, no electronics - no hassle.
“Travel is fatal to prejudice, bigotry, and narrow mindedness.”
—Mark Twain
\"La vida es dura, el corazon es puro, y cantamos hasta la madrugada.” (Life is hard, the heart is pure and we sing until dawn.)
—Kirsty MacColl, Mambo de la Luna
\"Alea iacta est.\"
—Julius Caesar
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bacquito
Super Nomad
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In an effort to prevent terrorist activity we are losing our rights to privacy and freedom. If this continues then we will have lost a good deal of
what makes the United States a great place to live.
bacquito
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Iflyfish
Ultra Nomad
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"We shape our tools and then our tools shape us."
Marshall McLuhan in The Media is the Message
Iflyfish
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rob
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Guadalupe - were you under the impression that this is not already a routine occurrence?
"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".....
All orifices crossing the border are up for grabs, so to speak.
"The Gull" - if you want to ENSURE not seeing your laptop for the next 6-8 months, 256-bit encryption is an EXCELLENT route to take.
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TMW
Select Nomad
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I hate to bust your bubbles but the U.S. customs have always had the authority to search and seize. If you order computer equipment that comes from
overseas it will be held up in customs including software and that has been in effect before 9/11. On the other side you need permission to sell
computer equipment overseas and that too has been in effect before 9/11.
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David K
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Thanks TW...
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MrBillM
Platinum Nomad
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Providing for the Common Defense
As previously stated, this has been policy for YEARS. Being unaware of it is a result of not paying attention.
All of this whining about loss of personal freedom is just that. Whining. We're not on a Slippery Slope. The one who thinks that
may be worried because he's sitting on Bandini Mountain.
Given the "Terrorist" times we are living in, we can expect that concern for our privacy needs to take a backseat to the need to provide for our
security which is a DUTY of the Federal Government. Limited Government means "Limited" to what is necessary to fulfill the obligations under the
Constitution.
I've carried a Laptop on every trip for a hundred times and have never even been asked to boot it up. If asked, I have no concern that ANYTHING on
the hard drive would be a problem or embarrassment. I doubt that I need worry about Identity theft from the Customs agents.
Anyone who is worried needs to reassess their priorities and choices.
We are living in a dangerous age akin to war. During WWII, my parents and grandparents put up with curtailment of liberties unimaginable to us and
the country came out of it just fine.
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BajaGringo
Ultra Nomad
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We are losing many of our basic civil rights over the past few decades and the blame falls on both sides of the political aisle.
If I were to list the latest abuses just since 9/11 however, but credit them to a different country and government you would call them fascist.
Think about that for a moment before making a knee-jerk partisan response.
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."
Benjamin Franklin
[Edited on 8-2-2008 by BajaGringo]
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vgabndo
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BajaGringo...you live a charmed life. I used the word fascist and my post was deleted.
Undoubtedly, there are people who cannot afford to give the anchor of sanity even the slightest tug. Sam Harris
"The situation is far too dire for pessimism."
Bill Kauth
Carl Sagan said, "We are a way for the cosmos to know itself."
PEACE, LOVE AND FISH TACOS
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