Slashdot Mirror
EFF To Fight Border Agent Laptop Searches
snydeq writes "The EFF and the Association of Corporate Travel Executives have filed an amicus brief with the 9th Circuit Court of Appeals requesting that the full court rehear and reverse a three-judge ruling (PDF) that empowers border agents routinely to search files on laptops and mobile devices. The case in question involves US citizen Michael Arnold, who, returning from the Philippines in July 2005, had his laptop confiscated at LAX by custom officials after they opened files in folders marked 'Kodak Pictures' and 'Kodak Memories' and found photos of two naked women. Later, when Arnold was detained, officials uncovered photo files on Arnold's laptop that they believed to be child pornography. In addition to raising Fourth Amendment issues, the amicus brief (PDF) reiterates the previous District Court ruling on Arnold's case regarding the difference between computers and gas tanks, suitcases, and other closed containers, 'because laptops routinely contain vast amounts of the most personal information about people's lives — not to mention privileged legal communications, reporters' notes from confidential sources, trade secrets, and other privileged information.'"
Strong encryption is obviously the answer to keeping data safe from prying eyes. What I don't think is legal is the government keeping an image of the disk just for having passewd through customs with encrypted data.
The EFF and the Association of Corporate Travel Executives have quite the fight on their hands.
Really all the government has to do is use the branding of we are looking for child pornography terriosts that have weapons of mass destruction and guess what, poof there goes any right to privacy. Right now, they pretty much have a free ticket to do just about what ever they please.
Every time I hear stories similar to this I think back to an episode of the Simpsons, where Helen Lovejoy keeps saying, "Won't somebody think of the childern?" It was satire that they would do just about anything, if it was for the childern.
Historians will look back on two things this decade, how hurricane katrina changed how oil companies charge people for gas (they can also do just about anything they want) and how 9/11 affected personal freedoms and privacy.
I've said it before; trade secrets will be the most important aspect of this (whether or not they should be is of minor importance); especially for foreign business travelers, since American intelligence agencies have shown themselves time and again incapable to contain themselves when it comes to passing around business secrets to local competitors.
Religion is what happens when nature strikes and groupthink goes wrong.
I work for a Russian company and mostly Russian and Ukranian native co-workers. They say that the U.S. becomes more like the Soviet Union every day.
As a person who once made the mistake of trying to drive a Volkswagen Bus from Canada to the US, as a US citizen, no, the Constitution does not apply at the border.
My vehicle, without any just cause, no drug dog etc, was completely taken apart and destroyed by Customs officials, and I had no recourse. This was in 1989. They cut up and removed the seats, dash, headliner, carpet. They drilled a hole in the gas tank and drained it. They removed all 4 wheels and the tires from the wheels. They took all my luggage and dumped it out on the ground. Then, when they didn't find anything, told me I had 30 minutes to remove everything from their parking lot or it would be confiscated and destroyed. 30 minutes to remove a vehicle with no gas and a hole in the gas tank, no seats and no wheels. I basically packed up my suitcases and bags, grabbing as much as I could carry, and left the vehicle behind. Walked across the border, hitched a ride into town, and took the Greyhound home. Never did find out what they did with my Bus.
While they were tearing apart my vehicle, any protest I made was greated with the usual "You are interferring with Customs Officials, if you continue, you will be arrested."