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U.S. Confiscating Data at the Border
PizzaFace writes "U.S. Customs agents have long had broad authority to examine the things a person tries to bring into the country, to prevent the importation of contraband. The agents can conduct their searches without a warrant or probable cause to believe a crime has been committed. In recent years, Customs agents have begun using their authority to insist on copying data brought to the border on laptop computers, cell phones and other devices. The government claims that this intelligence-gathering by Customs is the same as looking in a suitcase. In response the EFF is filing a lawsuit attempting to force the government to reveal its policies on border searches. 'The question of whether border agents have a right to search electronic devices at all without suspicion of a crime is already under review in the federal courts. The lawsuit was inspired by some two dozen cases, 15 of which involved searches of cellphones, laptops, MP3 players and other electronics.'"
Police state anyone? Things are getting worse and worse.
Presumably the prequel to 1984 would have shown Big Brother to be a charismatic politician preaching what a democratic majority wanted to hear. The need for security only reasonably matched the need to protect against Oceania's enemies... He was respected, and his election was a free choice. He then began to change little things slowly.
Or...
A prior honest President genuinely though the security measures were necessary. Then a corrupt Big Brother saw that the mechanisms created could be exploited and was attracted to power. He then said all the right things and got himself elected. The tools to control were already in place.
Well, today in the US, and especially the UK, those mechanisms are already firmly in place. Even if your current government is not evil, there's nothing stopping the next one so being. With the new powers one can wield what evil person wouldn't want to gain control? One eventually will come to power. It is inevitable.
It's probably already too late.
So if the Supreme Court has agreed to this and the Customs agents are making copies "for security", then the Supreme Court has ruled that making a digital copy is not stealing. When customs searches my bag, they don't get to keep anything form it unless there is something legal there. SO if they are allowed to make a copy, and that doesn't count as seizure of my property, then my digital copy of some music or a movie isn't theft either because I didn't seize any property. I hope EFF uses this in an RIAA case. The best way to take on a bad policy like this is to apply it to as many things as possible. I wonder if I can make a copy of what is on the customs office computer, if having a digital copy isn't a seziure of property.
We are all just people.
Looking for data being smuggled over the border? What a ridiculous idea...
Who would go to the trouble of transporting data on physical media, when it can be transmitted over the internet?
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If I remember correctly, Kevin Mitnick was imprisoned for 5 years, 4.5 of them pre-trial; 8 months of solitary confinement, for copying files "worth" 160k (actual value much less)..
And now its "same as looking in a suitcase"??
obviously "who" does it makes a difference.. The government has your best interests at heart, honestly!!
How is that flamebait? This isn't just searching for contraband, this is looking back through web history files, email and sensitive "thought data" without bothering with either probable cause or a warrant. Any reasonable person has a right to resent this type of intrusion, not to mention confiscating expensive equipment without due process.
More frightening than the act itself is the attitude of creeping intrusiveness justified by people who went through the American educational system. I don't think anyone in the history of the world imagined themselves being part of an emerging police state. In almost every instance it was a gradual process where the principles were acting on some type of perceived imperative. The people involved believed they were justified. The GRU, the Stasi, the SS and a thousand organizations like them started with a social imperative.
Don't think we'll ever be that bad? If there are no checks and balances, no oversight and no way to challenge over-reaching policy what's stopping us from getting there? There has to be a line even for terrorism. This far and no farther. Instead we keep kicking that can farther down the road.
It's not the actual policy. It's not this little thing or that little thing, it's the attitude that the ends justify the means underlying each little step.
That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage