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US Courts Consider Legality of Laptop Inspection
ceide2000 writes "The government contends that it is perfectly free to inspect every laptop that enters the country, whether or not there is anything suspicious about the computer or its owner. Rummaging through a computer's hard drive, the government says, is no different from looking through a suitcase. One federal appeals court has agreed, and a second seems ready to follow suit." This story follows up on a story about laptop confiscation at the borders from a few months ago.
Um, upon entering the country, they can open a sealed letter in your possession and read the contents already.
"I'd rather be a lightning rod than a seismometer." -Ken Kesey
Your assumption is wrong. It's to search for items which are illegal to bring into the country. That would some plants and animals (quarantine laws), and also certain bit sequences on a hard drive (child pornography), bits of paper (undeclared currency over a magic value), arbitrary objects (that you didn't pay duty on) and a lot of other things. It's customs doing the searching, they don't actually care about bombs - of course if they found one they'd bring in the people who do care about such things...
Not that the Bill of Rights has much sway in cases where "terrorism" or "national security" can be applied, but the 5th amendment applies to "persons" rather than "citizens" (this distinction is made several times in the Constitution), and thus applies equally to anyone under US jurisdiction, whether they are a citizen or not.
So, if we actually followed the Bill of Rights, no one should be compelled to give that information, regardless of where they come from.
It's called TrueCrypt and is available for Windows, Linux and to some degree for OS X.
Main Features:
* Creates a virtual encrypted disk within a file and mounts it as a real disk.
* Encrypts an entire hard disk partition or a storage device such as USB flash drive.
* Encryption is automatic, real-time (on-the-fly) and transparent.
* Provides two levels of plausible deniability, in case an adversary forces you to reveal the password:
1) Hidden volume (steganography - more information may be found here).
2) No TrueCrypt volume can be identified (volumes cannot be distinguished from random data).
* Encryption algorithms: AES-256, Serpent, and Twofish. Mode of operation: LRW.
Further information regarding features of the software may be found in the documentation.
The 4th amendment does not apply to searches at the border, and it never has. Throughout modern history, every country in the world (the U.S. included) has reserved the right to search anything and everything entering the country, save diplomatic pouches.
The 4th amendment only covers "unreasonable" search and seizure. Border searches are considered reasonable, and therefore require no warrant. This was formally codified by the 1st Congress (thank you Findlaw), who could be assumed to know the intentions of the founding fathers. More intrusive operations over and above a cursory search (such as X-Rays, or I supposed computer checks) only require "reasonable suspicion", as opposed to the more strict "probable cause".
The current version of the law states:
19 USC 1581:
(a) Customs officers
Any officer of the customs may at any time go on board of any vessel
or vehicle at any place in the United States or within the customs
waters or, as he may be authorized, within a customs-enforcement area
established under the Anti-Smuggling Act [19 U.S.C. 1701 et seq.], or at
any other authorized place, without as well as within his district, and
examine the manifest and other documents and papers and examine,
inspect, and search the vessel or vehicle and every part thereof and any
person, trunk, package, or cargo on board, and to this end may hail and
stop such vessel or vehicle, and use all necessary force to compel
compliance.
I would think a search of the hard drive falls well within a "package".
SirWired
D6 63 0D 70 89 81 BB 8E 7B 7C 5F 5D 54 EA AB 73
Actually, there is a right to privacy fundamental in the Constitution both through the 4th Amendment (its purpose is to protect the citizenry from unfair intrusion by the Government) and via the 9th and 10th amendments (The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. and powers not granted the federal government in the Constitution or given to it by the States are reserved for the states or the people).
The problem is, you aren't "in the country" until Customs says you are. This is international law. The areas marked for international travel are technically an "embassy", not US soil. This allows the governments (plural, no matter where you are) to send you back where you came from without you actually legally "arriving". The movie "The Terminal" shows this concept very well. So, until Customs approves your arrival, you're not in the USA (and its "jurisdiction") and the US Constitution does not apply. The same goes for other countries as well.
So, you can refuse a search, but then again, they can refuse to let you into their country. The control is left to you and them (mostly them).
So, remember, whilst in an international terminal, whether airport or border crossing, you are in a place where only international law applies until that country says you are in their country. Until they say you are in their country, they have every right to search anything you bring with you, and every right to confiscate anything deemed as contraband, every right to send you back where you came from, and every right to use anything they found as evidence against you according to their country's laws after they say you are "in their country".