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The Failing Right of Laptop Privacy
davidwr writes "Wired has an interesting editorial on laptop searches and seizures. It raises some interesting issues, including employee rights against police searches in the workplace, routine vs. non-routine searches at ports of entry, and police use of unrelated data found in a database search. The article ends saying: 'Of course, there's a chance that the courts will not recognize the different scope of privacy interests at stake in computer searches, or will not be adept at crafting a rule that gives enough leeway and guidance to law enforcement, while also protecting privacy. At that point, the Constitution may fail us, and we will have to turn to Congress to create rules that are better adapted for the information age.'"
The constitution certainly left the building back in the age of the new deal, possibly even as early as aliens and sedition.
Democracy is a device that ensures we shall be governed no better than we deserve. -G.B. Shaw
KFG
Disk encryption. You can get TrueCrypt for free and encrypt a partition with a hidden partition inside. Keep it on a USB drive or external hard drive. See you in about five years after the NSA's supercomputer has been trying to decrypt it.
Of course, in the US today they'll probably just disappear you to GITMO while they work on it.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
wow, can she whine any more? Laptop is owned by her employer... It was bought for her use, NOT for her as a personal item. So now she gets her panties in a bunch when she realizes her employer has the right to do whatever they want with that computer. Guess what, it is theirs! Just because you scattered your useless garbage all over the HD doesn't make it yours. If you want privacy, buy a personal laptop, and then it becomes much, much harder for someone to take a look at it.
Real option... are you really prepared for it? Let's say you're at the border with an encrypted partition. Are you hoping they won't notice the partition? Let's say they find it.
Officer: What is this 40-gig partition here?
You: I don't know, random junk.
Officer: So you don't mind if we zero it?
You: Don't do that! It's my personal files... encrypted.
Officer: Please unlock it so we can take a look.
You: No thanks. It's just my personal files anyway.
Officer: You know, this is the equivalent of transporting a safe in your luggage, and refusing to open it so we can verify its content. Unlock your partition so we can take a look.
You: No way.
Officer: You leave me no choice but to suspect that you have something illegal in there. To follow up on my analogy, I suspect that you have drugs or a bomb in your safe. There's no way you're crossing the border today. Wait in this tiny room while we decide which charges we're going to press against you.
Here is someone who could easily afford their own computer. She should keep her private data on her own computer, not her work computer. What's so hard to understand about that?
Even if her own computer is too expensive for her, how much does a USB key cost these days? Combined with Firefox Portable and Thunderbird Portable (and others) this provides a simple and elegant solution.
The real "Libtards" are the Libertarians!
At that point, the Constitution may fail us, and we will have to turn to Congress to create rules that are better adapted for the information age.
... I'd not hold your breath. When they passed the DMCA and the Patriot Act I lost all hope of Congress ever being willing or able to legislate us out of this mess, given that they're most of the reason that we're in it.
Nonsense. The Constitution hasn't "failed us", it is our commitment to honoring its provisions that has wavered. The Constitution is just as relevant and meaningful now as it was two centuries ago. Furthermore, I would argue that it is more important than ever that we observe Constitutional law and hold our elected (and unelected!) officials accountable for their deviances from it.
So far as Congress crafting better rules for the Information Age is concerned
The higher the technology, the sharper that two-edged sword.
But there are still so many who fail to keep work out of the rest of their lives or the rest of their lives out of their work laptop. The article's author freely admints that her laptop was purchased by not her, possibly an employer. If it's not yours it's, well, not yours and anything no matter how personal you put on it is not yours. Unless you have some written agreement allowing all data stored on it to be your personal property, think lease, you don't own what's on it either. I've made it a point to NOT have a work laptop, or e-leash as it should be called as you may be expected to take it home and put in some late night or weekend unpaid time.
If you have to have carry some personal data around with you, and/or don't happen to have a secure server at home, encrypt(and hidden file) it and stick it on the non-music/video area or notes folder of an ipod. They're far more common than linux running laptops and probably far less likely to create draw unwanted attention.
airport/boarder/other security guard/storm trooper: what's that?
you: my ipod
guard: turn it on
you: ok
guard: looks good, these are not the droids we're looking for, move along
Or it may remain unnoticed and unquestioned in your pocket
F7 doesn't work, ignore spelling and grammar
Democracy is a device that ensures we shall be governed no better than the majority deserves.
.ooooooooooooooo, shiney!
Shaw used the royal "we" and his observation was directed at your point. Democratic forms of government at best serve the lowest common demoniator (which is something rather different than the majority). At worst it is, of course, nothing more than a self-satisfied lynch mob.
Which is why the framers gave us a Congress instead of a democracy (they knew about Athens), under a constitution (they knew about Rome). They anticipated Shaw's further observation that anyone who robs Peter to pay Paul can always count on the support of Paul.
It is not the fault of Congress if the least common denominator has demanded more and more democracy while deserving it less and less.
It is the fundamental premise of our governmental philosophy that the government will be corrupted and that it is the responsibility of The People, freemen all, to see to their own freedoms.
Where The People demand the "freedom" to be endentured in order that they may be "free" to watch Survivor and Big Brother on a really big TV, that is the freedom they will get.
Freedom is messy and uncomfortable. The People would rather be comfortable serfs than uncomfortable freemen, in numbers far greater than a simple majority. Let's call it, ooooooooh (pulling a number out of my ass that probably isn't too far wrong) - 98%.
Give me liberty, or give me. .
KFG
Why bother with naughty websites when, if you're implanting stuff anyway, you could just put in an artificial gland that would release endorphins (or whatever) on command?
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz