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Laptops Can Be Searched At the Border
Nothing to Declare notes that a California appeals court has unanimously upheld a ruling that border security officers at international airports can search personal computers without requiring any specific evidence of criminal activity. The appeal was made by US resident Michael Timothy Arnold, charged with child pornography offenses after an airport search of his notebook PC in 2005. Might want to think hard about what's on your laptop if you're going to be passing through a US international airport.
How deeply can/do they search a laptop while I'm waiting to get on my plane?
:P
I know encryption gets their panties in a twist, but suppose I have data I want kept private is just burying it in a weird location good enough?
What are they actually looking for, and how would they be searching for it? Unlikely to get them disclosing said techniques publicly, so... Rampant speculation?
I'm sure NYCL can give a better answer, but there has been some use of the 5th amendment right that protects you from having to incriminate yourself to legally allow you to not give them the password, or divulge where files are on your laptop.
/b/ stuff in another encrypted partition xyz. If you are forced to surrender a password, give them only the password for partition xyz. Lie and tell them that is the only password.
My advice is bury it, encrypt it. Use obscurity in as much as you have several partitions encrypted, and when/if forced by courts to give up the password, give them the password to only one partition and counter sue for loss of data if you can. I forget what movie it was in but the bad guy said "always be guilty of a lesser crime" to avoid doing hard time.
Yep put your data in encrypted partition ABC, then a bunch of scientology and
Support NYCountryLawyer RIAA vs People
I remember once when playing around with distros, I wound up doing something to GRUB such that it lost its menu.lst. (I can't remember exactly what I did, since it was still able to find the Stage 1.5 and Stage 2 files. I must have just accidentally deleted menu.lst.) Rather than bothering to, you know, fix it, I just booted "manually" by entering the GRUB commands to boot whenever I needed to reboot - which, being Linux, was basically limited to kernel updates.
In any case, it made it so that the computer was essentially only bootable by me, since only I knew the magic commands to start it. (Something like root (hd2,7), kernel /boot/vmlinuz, boot - a relatively simple configuration that wasn't really that hard to remember once you knew the magic numbers.)
So just delete /boot/grub/menu.lst after memorizing the magic commands to boot your system, and leave the customs agents staring at the GRUB> prompt.
You are in a maze of twisty little relative jumps, all alike.
This previous topic seemed to cover it pretty well. Not only do they assert the right to search, they assert the right to make a copy of your computer's contents as you pass through customs.
I wonder if the right to search your physical belongings is limited in any way, or whether they assert the right to make a photocopy of any printed document that you may have with you. Imaging taking your personal journal or diary along on a trip and having someone insist that they must photocopy it to pass through customs. How are your "papers and effects" a perceived threat to anyone while traveling, and how can one be secure in them anymore?
You have no fourth amendment rights while in your car either. Or as I found out on the day we pay tribute to the brave men an women who died in defense of our Constitutional rights, The cops will search your garage without a warrant too.
I wrote a piece about this a few years ago, it seems things are only getting worse.
-mcgrew
mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
Is searching the files on a laptop when entering the country any different from searching paper files in a briefcase at the border?
Well actually, yeah. Depending on how meticulous the person is, it can have any or all of these things:
-Proprietary or confidential information for any company you've ever worked for (regardless of whether or not it was a good idea to have saved that)
-Elaborate summary of your fantasies (porn folder)
-Logs of all personal correspondence or hobbies you've stored electronically (newsletters you've received or published, emails, instant messages, message board subscribed to, etc)
-Financial information (tax forms, bank account records)
-History of anything you've purchased online (from email, or logging into sites via the cookie on your machine)
-Political, cultural, or sexual leanings (via browser bookmarks)
That's alot of stuff to be available on demand, huh? What about making an image of the hard drive for later perusal? It's not like you have to worry about that kind of thing being lost/stolen/hacked form wherever warehouse it gets dumped at.
"Loose morals" are illegal so long as they are written into law (or at least enforced by Authority).
A friend of mine had his laptop "searched" when returning from vacation through Florida. He wrote about his account if you're interested. He used to own a website that sold console modding/hacking paraphernalia and their reason for searching is that they assumed he was smuggling something into the county.
I think the real question is whether or not they can search all storage media or just the computer itself, what's to stop you from removing the hard drive and replacing it with a small flash media card on a hard drive adapter containing a clean install of Ubuntu whenever you fly? Or better yet just leave a Live CD in the drive and install a switch under the battery to cut power to the HDD.
Collector's Edition
I am not allowed to show the files on my laptop to the customs agents due to HIPAA regulations. So I guess either I refuse, and go to jail, or allow them to look at it, and then go to jail once I set foot inside the U.S.
If you are not allowed to question your government then the government has answered your question.
Drugs...yeah probably not worthwhile, but bombs.....
One of the reasons they started making people turn on their laptops was to make sure it was a working computer and not hollowed out computer carrying an explosive divise.
I'm guessing they equated this search with looking through a suitcase, finding a suspicious envelope, which when opened contained child porn photos or film.
Oh and BTW, before everyone starts blaming Bush and overzealous national security laws, this ruling came from the 9th U.S. Circuit Court of Appeals, known for being one of the most liberal (and most overturned) of the federal appeals courts. However, the article speculates that this probably won't be heard in the Supreme Court because the 4th U.S. Circuit Court of Appeals in Richmond, Va., upheld a conviction for a man who crossed the Canadian border with a computer holding child pornography.
If you've never been modded as "flamebait" or "troll," you've never tried to argue a minority viewpoint here!
Err, hypocrisy and double standards of the highest order.
As you point out, killiing is also very illegal, not to mention immoral, and yet you do not see border agents confiscating copies of B-grade horror slasher movies or "Rambo III". Why is that? These movies pefrom the exact same function as the pervert's pictures: to induce pornographic pleasure by viewing despicable acts and to foster fantasies in the viewing audience (for some the fantasies of being the "good" guy detective or a "military macho hero" and some of being the chain-saw wielding murderer or a villain warlord).
In short, like great majority of "morality" laws, this is just another example of illogical, inconsistent, hypocritical behaviours by societies and therefore their "authorities".
The same is of course applicable to criminalizing drug use; stupidity, uselesness and utter counter-productiveness of which one can write whole volumes about.
And all of which is of course the result of people's inability to reconcile a mish-mash of religious dogmas, base animal instincts, and the results of industrial and scientific progress which altered the environment to the point where the evolution-dictated, hormone-driven wiring of people's brains is no longer able to cope.
One of my friends might get a kick out of taking a virgin hard drive, intentionally borking (breaking) a load of Windows on it, saying that it doesn't work, and when they clone it they get the windows and such, and also several thousand single letter jpegs and word docs (kind of like DW2004 did when you had created a new sheet) just to take time.
Stupidity should be countered with the mockery of it.
People say the road to hell is paved with good intentions. Why? Is there any shortage of bad ones?
I worked as a Customs officer in another country, but I'm pretty sure things are very similar in the United States. The issues you brought up don't particularly worry me, since I've had firsthand experience searching laptops.
I can't speak for other officers, but there are only three reasons I would ever look at a laptop
(1) I thought there were drugs or other substance physically hidden inside. (I have never seen or heard of this happening)
(2) I am suspicious of the person's reason for seeking entry to the country, and I need to determine who or what or why they are here.
(3) Their criminal record indicates some sort of fraud, child molestation, or other nasty things.
If I am searching a laptop for one of the above reasons, I will usually make a cursory search (or thorough search for reason 3) for child porn. I'm somewhat younger than the average age for a Customs officer, so I would say I'm slighty more computer savy than the other officers. Obviously I'm aware of things like hidden folders, and the possibility of things like TrueCrypt. An average officer would usually just browse the contents of various folders, maybe use built in window's search, and check any cds they have lying around in their bag. I wouldn't be slowed down by a laptop running Linux, but it would certainly throw off an average officer. Unfortunately, that just means you'll be sitting around for a few hours while they call in a computer tech or figure out what to do with you.
The chance that one of these searchs is going to give away "trade secrets, ideas, and sensitive business contacts" is going to be pretty much nil. There is no point of looking at your random business documents except to determine why you are entering the country. I'm certainly not going to recognize, remember, or understand any business secrets that you have on your laptop. We don't make copies, nor do we connect them to our computer network, so they're not going to leak that way either. So really, even if you did have business secrets on your laptop, it's extremely unlikely that one of these searchs will reveal them.
I would like to say however that if your laptop is SEIZED, then the above may not apply. Once a laptop is seized, it is out of the regular Customs officers hands and it is sent to some sort of technical department. I have no idea what they do with seized goods. In addition, I only worked at an Airport, so I'm not sure if/how laptop's are searched if they are entering by mail.
...what matters is what they decide to put on it.
Don't assume just because "something" was found on a hard drive, the owner was the one that put it there. You have absolutely no way of proving that any data on your hard drive was planted. Once anybody has free, unfettered access to your storage device, they can do whatever they please with it and you have absolutely no way to PROVE that the data had been deleted, revised, planted, etc.
This is why it is absolutely imperative that your right to be secure on your effects be absolutely and undeniably PROTECTED at ALL costs! YOU are the one who must prove you are innocent in our country. Innocent until proven guilty is the feel good catch phrase of our legal system. It is a fallacy that does not exist in the real world.
The only protection you have from corruption is to keep the corrupted out of your personal effects. It is an inalienable right that must be fought for tooth and nail to keep protected.