from the WTF files

[chelidon]

Still think we have rights like, oh, freedom from unreasonable search and seizure in this country?

Think again.

U.S. agents can seize travelers' laptops: report
Fri Aug 1, 2008 8:13am EDT

WASHINGTON (Reuters) - U.S. federal agents have been given new powers to seize travelers' laptops and other electronic devices at the border and hold them for unspecified periods the Washington Post reported on Friday.

Under recently disclosed Department of Homeland Security policies, such seizures may be carried out without suspicion of wrongdoing, the newspaper said, quoting policies issued on July 16 by two DHS agencies.

Agents are empowered to share the contents of seized computers with other agencies and private entities for data decryption and other reasons, the newspaper said.

DHS officials said the policies applied to anyone entering the country, including U.S. citizens, and were needed to prevent terrorism.

The measures have long been in place but were only disclosed in July, under pressure from civil liberties and business travel groups acting on reports that increasing numbers of international travelers had had their laptops, cellphones and other digital devices removed and examined.

The policies cover hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes -- as well as books, pamphlets and other written materials, the report said.

The policies require federal agents to take measures to protect business information and attorney-client privileged material. They stipulate that any copies of the data must be destroyed when a review is completed and no probable cause exists to keep the information.

(Reporting by Paul Eckert, editing by Alan Elsner)

Comments

[kitten-goddess.livejournal.com]

Does the TSA have the power to seize cell phones, lap tops, etc. at checkpoints when people are NOT crossing the border as well?

[chelidon.livejournal.com]

I don't know, though I'd suspect not -- the rule seems to apply to border-crossers only.

A reason to use a good encryption system on laptops, though I'd wager many commercial systems have secret government-mandated backdoors for easy access by LEOs and other Homeland Security types.

The only thing that makes this slightly less reprehensible (in practice, not theory) is that most border crossing folks are quite technically clueless and utterly untrained in data forensics and such-- I suspect that to actually use this power, they'd pretty much have to have identified someone as a person of interest ahead of time and arranged to have a team with technical clue standing by. On the other hand, since they can apparently keep your personal property indefinitely without warrant, reasonable suspicion or due process, they could simply ship everything they want off to some outside location where they keep their pet security geeks.

What's incredible to me is that there hasn't been more of a public outcry and media coverage.

[threefrognight.livejournal.com]

It's the boiling of the frog. "Mmmm...the water is just getting nice and warm..."

I keep thinking Norway looks nice.

[chelidon.livejournal.com]

We looked into the drive and walk time from our place to the Canadian border before we moved, just in case... (Cue: Sound of Music soundtrack)

[shapeinthclouds.livejournal.com]

There isn't much that DOES motivate outrage. Media coverage would last only 10 minutes anyway. The pendulumn has swung, and the liberties taken upon our liberties by those pretending to preserve our liberty are mounting. The power of the executive branch has been allowed to bloat, and unfortunately, the next administration sees what their predecessors have been allowed to do as a foundation, not a ceiling. With power comes perpetual employment, and though taking laptops, or x-ray body scans really do nothing to preserve our safety, they make it look like all the money you can throw at them isn't enough, and that's enough to insist on more.

[chelidon.livejournal.com]

It saddens me how easily people can be induced to give up the supposedly cherished freedoms that make "us" different from "them," in the name of "security." Bleah.

[draiguisge.livejournal.com]

The world is a mess, and I just need to rule it! ;)

[lylythe-strega.livejournal.com]

Heh. The world would be a better place if you were in charge, sweetie... ;>

[chelidon.livejournal.com]

Indeed, and much more interesting, too...

[jennlynn-green.livejournal.com]

This is horrifying. I am actually surprised that I have not heard more about this; that folks are not outraged. What has happened to our country's freedom-loving gumption and sassiness anyway?

*sigh*

[chelidon.livejournal.com]

As I said to a friend above, I really am saddened and disappointed by how quickly and easily freedoms are taken, and freely given, all for the sake of supposed "security," when those are the very freedoms that are what supposedly separate "us" from "them." You'd think patriotism would demand fanatical guarding of and fierce protection of those freedoms, for which so many fought and died (or lived and crafted legislation to enshrine)...