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Examining the Search and Seizure of Electronics at Airports

Angus McKraken brings us a Washington Post story about how travelers are seeking more well-defined policies and rules about the search and seizure of electronic devices by U.S. Customs officials. The EFF has already taken legal action over similar concerns. We recently discussed the related issue of requiring people to disclose their passwords in order to search their private data. From the Post: "Maria Udy, a marketing executive with a global travel management firm in Bethesda, said her company laptop was seized by a federal agent as she was flying from Dulles International Airport to London in December 2006. Udy, a British citizen, said the agent told her he had 'a security concern' with her. 'I was basically given the option of handing over my laptop or not getting on that flight,' she said. 'I was assured that my laptop would be given back to me in 10 or 15 days,' said Udy, who continues to fly into and out of the United States. She said the federal agent copied her log-on and password, and asked her to show him a recent document and how she gains access to Microsoft Word. She was asked to pull up her e-mail but could not because of lack of Internet access. With ACTE's help, she pressed for relief. More than a year later, Udy has received neither her laptop nor an explanation."

30 of 699 comments (clear)

  1. United Police State of America by Anonymous Coward · · Score: 5, Insightful

    Y'all just keep on sleepwalking, the government is taking care of everything...

    1. Re:United Police State of America by pipatron · · Score: 5, Insightful

      What do the "worlds baddest guys" hate the most about America? Out Constitution.

      Actually, no one outside the US cares about your constitution. We care more about how you randomly invade countries without reason, how you try to enforce your local laws and policy on weaker nations, and things like that.

      --
      c++; /* this makes c bigger but returns the old value */
    2. Re:United Police State of America by Idiomatick · · Score: 4, Insightful

      Honestly i am curious how effective a sniper rifle would be on a plane.

    3. Re:United Police State of America by Kazymyr · · Score: 5, Insightful

      ...theft of laptops at airports...

      It's not theft. It's called DHS discount and it tends to occur a lot around birthdays and holidays.

      --
      I hadn't known there were so many idiots in the world until I started using the Internet -Stanislaw Lem
    4. Re:United Police State of America by billcopc · · Score: 5, Insightful

      The biggest problem with security is that it is put in the hands of the lowest blue-collared individuals. Very few people aspire to become security guards. They end up in that job because it pays well and only requires a high-school diploma or GED. These buffoons have been taught that explosives can be made out of common household items, but they lack that special magic we call INTELLECT to understand that the reverse is equally true.

      Yeah, so right this minute I probably have traces of crystal meth on my hands. I haven't used, sold nor produced it, but I withdrew some cash from the ATM a few minutes ago. Cletus Lawman is convinced I'm a drug-smuggling terrorist.

      The problem with the world is that stupid wins over smart every time.

      --
      -Billco, Fnarg.com
    5. Re:United Police State of America by TurinPT · · Score: 4, Insightful

      Islamic terrorists care very much about the US Constitution, because it's against Islam, just like the laws and principles of European countries are against Islam. Looks like someone's been watching too much american TV.
      The majority of islamic terrorist organizations actually fight to 'end the foreign influence in Muslim countries and the creation of a new Islamic caliphate'. Seriously, don't bother then and they won't bother you.

    6. Re:United Police State of America by ScrewMaster · · Score: 4, Insightful

      That old guy obviously hates America.

      He probably does hate what it's become. That veteran probably knows better than anyone born after the War just how much we've thrown away.

      --
      The higher the technology, the sharper that two-edged sword.
  2. Sounds like it's getting to the point ... by ScrewMaster · · Score: 5, Insightful

    where a traveler would be better off shipping his or her laptop separately rather than trying to take it on a plane. This is starting to get out of hand: confiscating personal property without cause? What the Hell? The government must be running short on laptops, I guess. Twenty years ago I'd have said this could never happen here, if anyone had asked. Sorry to see that I'd have been wrong.

    In 1984, I remember my aunt flew from Chicago to Boston, with a .44 Magnum and a box of cartridges in her suitcase. Nobody noticed, nobody cared, she didn't even think twice about it (I'll tell you though, had there been any boxcutter-wielding bastards on that plane she'd have killed them all. You don't know my aunt.) Can you imagine trying that today? One group of Islamic assholes causes some damage and just look at what we've done to ourselves.

    I'm still proud of my country but not as much as I used to be. That bothers me. What also bothers me is that bad behavior on the part of the TSA and other government organs is in danger of becoming institutionalized, which will make it very difficult to eliminate.

    --
    The higher the technology, the sharper that two-edged sword.
  3. Re:Can you do this? by MichaelKaiserProScri · · Score: 5, Insightful

    I am unclear if that is being offered as an option. If I cannot take my laptop with me on a business trip, there is no point in doing the trip. I am a Software Engineer and my laptop is the primary tool with which I do my job. If I do not have it, I cannot work. Furthermore, in many cases the contents of my laptop are far more valuable than the device itself. As far as I am concerned, the device is disposable, the data is what is valuable. Yes, I keep a backup, but there is always that last little bit I have just done that is not in the backup yet....

  4. Is this the United States or some banana republic? by rpp3po · · Score: 4, Insightful

    Can't believe this happening in a country which promotes itself as a global exporter of freedom. Do Americans just sit at home and watch this as just another ironic comedy on their TVs?

  5. Sure -- you just miss your flight. by localroger · · Score: 4, Insightful

    And I'm pretty sure you don't get your airfare back. And you probably get on a list that makes sure it will happen every single time you ever try to fly again in the future. The stupid thing here is she did everything they asked, and they still stole her laptop. I can't see any rationalization for that.

    --
    Brackets contain world's first nanosig, highly magnified:[.]
  6. ... and miss your plane. by krischik · · Score: 4, Insightful

    While you are right doing so will take so long that you will miss your plane. In fact creating/using tight time contrainst is one of the three main ingredinence for any kind con jobs to cheat you out of your property.

  7. No Holiday in the US for us. by krischik · · Score: 4, Insightful

    Well one more reason for me to remove the US off possible holiday destinations. Of course the poor guy was on a buisiness trip and had no choice.

    Martin

  8. Re:Yet another reason to use linux by pdwalker · · Score: 5, Insightful

    All it means is that those retards would be more likely to confiscate it because they don't recognize what it is.

  9. Re:Traveling while Muslim or Middle Eastern by Maxo-Texas · · Score: 4, Insightful

    For what it is worth, you see examples of both being hit in this thread-- the example of the disabled elderly vet above being one.

    Let's not make it about race-- it is about seizure of property without cause.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
  10. not the answer by tacokill · · Score: 5, Insightful

    The answer, of course, is to rely on your employer. Let me explain.

    Go ahead and fight them. I mean - do not let them search your laptop until forced to do so. Cite your company's information as the reason. Perhaps individual privacy is gone but we still have some sanctity for corporate data. It doesn't even have to be trademark/copyright/legally protected data. It just has to be data that your company deems 'private and confidential'. If people start missing flights because of over-ambitious TSA agents, eventually, businesses will start screaming about these searches....if they aren't already. Not only are they overly intrusive but they are causing losses in a very real way. Measurable losses.

    Anyone from Oracle or MSFT read this post? How would you feel about your laptop being held like this? How about someone from Adobe or Boeing? What about the big-3 car companies? Consulting companies?

    There are lots of businesses that require international travel and I am betting they don't want some $10.50/hr TSA employee reading your laptop anymore than you do. I expect employers to enter the fray any second now. They will not stand for this unless there are some checks and balances. They have no interest in writing off confiscated assets because of over zealous TSA agents and they are (unfortunately) our best defense.

  11. Re:Shouldda Waited by QCompson · · Score: 5, Insightful

    She shouldda waited for that Supreme Court case that said divulging your password was a violation of your 5th amendment right. Don't get ahead of yourself. It was a federal magistrate in Vermont that gave that ruling, not the Supreme Court. We have no idea what the SCOTUS would do in such a situation... especially if it involves child pornography. They've been known to make exceptions to the Constitution when it comes to child pornography.
  12. Re:Traveling while Muslim or Middle Eastern by walt-sjc · · Score: 5, Insightful

    What the terrorists want is to disrupt our lives, and cause fear. They have succeeded beyond their wildest dreams. We have already lost the "war."

  13. Bloggers and YouTube killed your great nation by Shohat · · Score: 4, Insightful

    Nowadays, people who could have made a real change by marching in the streets, burning tires and protesting these horrible things, simply type away furiously, and think that someone cares.
    The Internet is a microscopic, meaningless medium for message delivery, and nothing proves it better than Ron Paul. You want to make a change? Stop blogging, making videos and writing articles, and start fighting with legislation, with money, with burning tires and real 100,000 people marches. The Internet created this idiotic illusion that a bunch of people supporting each other can make a difference. Well here's your fucking wake-up call. Reality has not changed.
    I am not from the US, and what's "worse" I am from Israel, but it saddens me to see your nation giving up so many values that has made it great.
    AND IT'S YOUR FUCKING FAULT, BECAUSE YOU ARE NOT DOING ANYTHING.

  14. Re:Decoy Data by mrchaotica · · Score: 5, Insightful

    There's a simple fix to this.

    That's not a fix. That's a workaround, and a shitty one at that! The real fix is to destroy the TSA, and get our civil liberties back!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  15. You're mistaken. by raehl · · Score: 4, Insightful

    You don't burn tires because burning tires, by itself, does anything. The government doesn't care how many tires you burn. They just shoot you with rubber bullets (or real bullets, or fire hoses) and move on.

    You burn tires because when you burn tires and the government shoots you, you get in the newspaper, and the article talks about what act of the government you found so egregious that you picked a sure-to-lose fight with its better-armed agents.

    There's a reason we don't use fire hoses anymore - and it's not because (directly) it's inhumane. We don't do it because it generates too much press.

    The internet lets you have the same effect as burning tires without having to get shot first. The real media is lazy. They don't want to have to go down to the National Mall every time somebody burns a tire any more than you really want to go down there and burn tires. They would much prefer to sit in their comfy office, read blogs, and report on what people are blogging about. You can get the same press with blogging nowadays as you can get with tire burning.

  16. Re:Well, we put the miserable screeners at Dulles. by Raven42rac · · Score: 4, Insightful

    We're just human cattle to them. If someone really wanted to do something, he/she could just blow up the hundreds of people waiting at the bottleneck BEFORE security screening.

    --
    I hate sigs.
  17. Encrypt Everything by mlwmohawk · · Score: 4, Insightful

    This is the SECOND time I've posted this advice:

    Use Linux
    Use and encrytped drive.
    Have a "functional" environment that is unencrypted that has nothing more challenging than an email about how you think U.S. government is doing everything right and how the shrub is gods ear piece.

    We need to do what the French did in WWII. When the Nazi's ask for your papers, make sure you show them nice pleasant things. Transmit everything back and forth over the internet (encrypted locally).

    The Nazi movement, or The Nazis began to take over the USA starting with Roy Cohn and Senator McCarthy in the '50s, through Nixon, Reagan, Bush I/II.

    Can ANYONE dispute that this description:
    http://en.wikipedia.org/wiki/Totalitarianism

    Does not describe what is becoming of the U.S.A, the U.K. and a lesser extent the rest of Europe?

    The irony is that while Hitler and his armies were defeated in WWII, the power brokers and players that created him live on in power.

  18. Re:Traveling while Muslim or Middle Eastern by dosun88888 · · Score: 4, Insightful

    I'm pretty sure that they just want us to stop helping out Israel and get our military the hell away from their countries. Our government is technically winning because they're still doing whatever the hell they want to do, and the only cost is our freedom.

    The biggest losers in this war are our children. They will get to grow up in a police state because their parents didn't have the balls to stand up and say "no more."

  19. Re:Traveling while Muslim or Middle Eastern by blincoln · · Score: 4, Insightful

    This isn't about "outsiders." Muslims have developed a reputation for terrorism and troublemaking (which is strictly their own fault). As a result, anyone who looks like they might be a Muslim is subjected to extra scrutiny. It's just common sense.

    This isn't about "outsiders." Jews have developed a reputation for financial conspiracy and troublemaking (which is strictly their own fault). As a result, anyone who looks like they might be a Jew is subjected to extra scrutiny. It's just common sense.

    This isn't about "outsiders." The Irish have developed a reputation for drunken violence and terrorism (which is strictly their own fault). As a result, anyone who looks like they might be Irish is subjected to extra scrutiny. It's just common sense.

    This isn't about "outsiders." The Japanese and Germans have developed a reputation for covert operations on behalf of their homelands while living in the United States (which is strictly their own fault). As a result, anyone who looks like they might be Asian (it's too hard to tell the difference) or German is subjected to extra scrutiny. It's just common sense.

    --
    "...always new atoms but always doing the same dance, remembering what the dance was yesterday." -Richard Feynman
  20. Re:Well, we put the miserable screeners at Dulles. by Scrameustache · · Score: 5, Insightful

    We're just human cattle to them.
    If someone really wanted to do something, he/she could just blow up the hundreds of people waiting at the bottleneck BEFORE security screening. I guess one could make a trigger mechanism that would be set off by the metal detector itself... dammit, now I'm thinking like an engineer/terrorist!
    --

    You can't take the sky from me...

  21. Re:Nothing random about invasions by The+Spoonman · · Score: 5, Insightful

    Irag II: Saddam had WMD (used it on Kurdish villagers in the 80s).

    Like a true American, you not only spelled the name of the country wrong (and the Freudian subtlety of the misspelling is particularly telling), you forgot to mention a) why the US did nothing about that back in the 80s aside from affirming our "friendship" to Saddam and giving him another $1 billion in military aid right after and b) where Saddam had gotten the technology for that gas and its means of distribution. (I'll give you a hint: you were trying to defend that country's "honor")

    The spread of communism was feared.

    And, what happens when the spread of American-brand "democracy" is feared? It's only so long before everyone gets tired of having "freedom" bombed into them.

    --
    Which is more painful? Going to work or gouging your eye out with a spoon? Find out!
    http://www.workorspoon.com
  22. Re:Well, we put the miserable screeners at Dulles. by TClevenger · · Score: 4, Insightful

    Yup. Part of the construction at one airport a couple of years ago (I think Oakland) put a couple of hundred people waiting at the baggage claim in a relatively small room with a hundred people waiting to get through security. I told my wife, "If these people are smart, they won't bother with the planes; there's a 747-load right here."

  23. Re:Nothing random about invasions by hal9000(jr) · · Score: 5, Insightful

    Irag II: Saddam had WMD (used it on Kurdish villagers in the 80s). Was required to get rid of it (90s), but failed to do so under UN supervision or to properly document it so that the UN could verify after the fact.

    Sonny, as an American, I can tell you have been drinking the Kool-aid far too long. Did you not watch the events leading upto and after the Iraq invasion? Yah know, where they couldn't find evidence of WMD's? A little fact like that just might piss some people off.

    Here is my little paranoid fantasy of why the US invaded Iraq. First, there is oil. The US has enough, but the powers that be want more. Second, there is this little quote by President George W. Bush: "After all, this is the guy that tried to kill my dad at one time." Thus a personal vendetta that has killed thousands of American solders. Killed many, many more Iraqi civilians. Left a wake of casualties.

    Wake the fuck up.

  24. simple solution by Tom · · Score: 4, Insightful

    Don't travel to the US.

    There is no way I'm going to hand over my passwords to a just-above-minimum-wage dofus. Not if it means I can't take that flight. Not going to happen. Since by whatever perverse application of your totaliarian laws they can force me to, the only solution is to avoid the US the same way anyone with a sane mind avoids any other place where the insane rule.

    --
    Assorted stuff I do sometimes: Lemuria.org