http://www.washingtonpost.com/wp-srv/content/article/2008/08/01/laptops.html

Fourth Amendment? What's that.

Quote :

"Federal agents may take a traveler's laptop 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 that 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 have 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, cell phones, 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 Ninth Circuit U.S. Court of Appeals 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. "

I travel quite frequently and though I've only had to boot up my laptop to prove that it works, I'm going to be quite wary now. One more thing to be concerned about.

[Edited on August 1, 2008 at 4:44 PM. Reason : eh]

8/1/2008 4:44:09 PM

Department of Homeland Screwyouofeveryimaginablerightyouhave

8/1/2008 4:56:23 PM

i hope they don't misuse the insider info that they glean from my laptop or blackberry

8/1/2008 5:07:49 PM

ARG. I guess remote access is the only way then.

8/1/2008 5:20:51 PM

this is why i use encryption on my personal machines.

http://www.truecrypt.org/

Encrypt it and hide it. The government can try all they want.

8/1/2008 5:31:37 PM

that's been discussed, raises more red flags.

hidden partitions are good.

[Edited on August 1, 2008 at 5:40 PM. Reason : eh]

8/1/2008 5:36:30 PM

That software looks pretty sweet.

8/1/2008 5:38:11 PM

^^You can raise all the red flags you want. If it's well encrypted, they won't get in. And it IS against your constitutional rights to require you to authenticate anything. No warrant, no password.

And it will only be a matter of time before someone sues the government for taking posession of a highly secured laptop and refusing to release it in a timely manner.

8/1/2008 5:45:01 PM

in before the "liberals" being told by all the "conservatives" that there shouldn't be a problem if there's nothing to hide.

8/1/2008 8:38:03 PM

yeah, I use drivecrypt

basically the same thing.. except it wasn't free..and i didnt know about a free version until after i paid for it

8/1/2008 8:41:52 PM

Noen, you are really underestimating the government.

8/1/2008 9:11:47 PM

Hail Hitler and the SS!

Quote :

"The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes."

So does that mean I should not travel with my iPhone? I mean I would hate to be without a phone for months on end vs. the duration of my trip.

Quote :

"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.""

i would like to see how many travelers enter the country a year from now.

[Edited on August 1, 2008 at 9:39 PM. Reason : ...]

8/1/2008 9:32:27 PM

The terrorists have won.

8/1/2008 9:40:12 PM

^they will have totally won if they get to remain in office a 3rd term due to some more pissing on the constitution.

8/1/2008 9:41:40 PM

^

8/1/2008 9:59:10 PM

roddy: you're really OVERestimating the government. without a warrant and a reason, they would never even really make an attempt to crack 256+ bit encryption. and with the right steps on the users' part, they probably couldn't touch it anyways.

8/1/2008 11:37:00 PM

^ why are we arguing over whether the government would or wouldn't, could or couldn't break strong encryption on a personal laptop?

Seotaji already summed up this entire debate:

Quote :

"Fourth Amendment? What's that."

how long would it take a suit to get to the Supreme Court on this issue? I imagine the 9th Circuit's judgemnt will be appealed?

8/2/2008 12:17:00 AM

I would think corporations would be up in arms about this considering the amount of confidential business info that could be on someone's laptop.

8/2/2008 12:58:26 AM

Quote :

"without a warrant and a reason,"

i, as an agent of homeland insecurity, declare bous as a terrorist sympathizer and during a cursory search of your laptop, we've found truecrypt and the makings of a hidden partition. we need a telephone warrant to get the password.

DONE.

8/2/2008 11:01:25 AM

[Edited on August 2, 2008 at 3:23 PM. Reason : sdf]

8/2/2008 3:22:49 PM