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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.'"
I don't see the search itself as being as much of a problem as his laptop being seized because of two (presumably legal, as the article says women, and the alleged children came later) porn images.
While I agree with the privacy infringements, I really wish it wasn't someone suspected on child porn complaining about it. It certainly won't garner much support from the general public, informed or not.
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.
Can't I just refuse to let them access my laptop? Sure, they can turn it on to prove that it's really a laptop and not a bomb, but besides that they shouldn't be allowed to go through photos of me giving my 6 month old son a bath.
Personally, what I'm more worried about is that the pillock on customs manages to erase data from my computer / SD card.
Summation 2
In the past, the time before computers, you never traveled with all your personel papers, love letters, note books, and your corporate trade secrets in your luguage because the border gaurds would be searching your stuff and possible reading it. So why is storing it on a computer so different. If you do not want it looked at don't put it there.
Undetectable Steganography? Yep, there's an app fo
...with my company laptop which I will bring with me this monday ? Should I let it be searched by customs, or should I call the legal department of my (very large) company to handle the situation ?
:)
As this is on topic here, some advice would be nice
OTOH, a file on the HDD can't contain a real bomb, only a virtual bomb. Virtual bombs don't blow up airplanes.
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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 wonder how long it will be before we hear about how the customs agents have a shared collection of porn from all the hard drives they search.
Customs doesn't search for bombs. They search for anything that is illegal to bring into the country (drugs, weapons, large amounts of cash without proper paperwork, certain kinds of foodstuffs, etc).
Dude, this was AN AMERICAN CITIZEN. They treat us like Bin Laden's favorite, too.
Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
Clearly these people are stupid enough to think that my mouthwash and nail clippers are lethal weapons.
I doubt they have the faintest idea what to do when confronted with a command line.
"How do you start windows?"
The time is coming that using a 'throw away' laptop will be needed for all foreign trips. Everyone will need a server in some 'safe' country to upload everything to, documents and pictures will be needed to be uploaded to Google Docs and Picasa respectively. Any pictures, or letters that were on the laptop will need to be deep erased.
then , just add the cost of having the mini laptop seized to every trip.
Seems simple to me.
* Carthago Delenda Est *
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.
Anyone know the last time this tactic was used? Oh yeah, Nazi Germany.
(first Godwin!)
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Nothing. And that's perfectly ok - customs doesn't care about the security of flights, because they search your stuff after the flight is over. They're looking for things that are illegal to bring into the country (narcotics, weapons, large amounts of cash without proper paperwork, certain kinds of foodstuffs, etc).
This is about border agents, so it has nothing to do with bombs. It is about illegal or undeclared goods being smuggled into the country.
So the argument will go that as long as certain forms of information are illegal to bring into the country, in order to do their job (stopping smugglers) the customs agents need to be able to search for illegal information. I'm not saying I agree with that argument, but in order to convince anyone other than the choir you need to understand the real issues and not some straw man argument about bombs.
Any counter argument will have to indirectly argue that customs agents don't have to keep illegal data out of the country. For copyright, such an argument is easy to make (e.g. "customs agents have no way to tell if a work on a laptop is involved in criminal infringement they may have permission from the copyright holder or it may be fair use"). For child porn, the argument is harder. The court will likely end up weighing the cost of invading people's privacy against the benefit of stopping child porn at the border. Given that the technique has already proven effective (they caught the guy), guess which one the courts will side with.
Again I'm not saying I agree with the government's position, but you have to know your enemy and the battle ground in order to win.
Bruce Schneier's recommendation for this situation is that your company have a secure VPN in place so that once you're across the border you can connect to the office and download any sensitive material you need. Before you return, VPN in again and upload your work back to the office so that the laptop is clean as a whistle when it goes through customs.
They're turning me into a real conspiracy theorist, let me tell you.
Oceania at war with East Asia, no Eurasia, anyone?
Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
Boot into a dummy partition containing Windows 95 or some damn thing, leave a few scattered icons of "business.xls" or "memo.doc" around, and let them search the hell out of it. Meanwhile your real stuff is safely tucked away on the rest of the drive.
"That's right officer, there is only a 100 meg hard drive in this brand-new Thinkpad. Want to play Microsoft Hearts with me, or perhaps sign up for a free trial of Prodigy?"
Slashdot Burying Stories About Slashdot Media Owned
This is one of the reasons for me to be unwilling to accept any offer to move to the Redmond division. Out of my fundamentalist principle that my data is mine. Nobody has nothing to do with it, especially not without a warrant.
Besides, there have been stories of officials that just want to confiscate the laptops and magically their kids get new laptops for Christmas.
I usually carry around something like $7000 from home to work in equipment. I wouldn't take it near a US border unless the "chair-man" provided me safe passage for that.
Onda Technology Institute
For Arabs, and Muslims, it's a very big problem, since strangers are allowed to look at private pictures of family members.
This is both a cultural and a religious difference, which this law doesn't address nor respect.
It's against our customs and culture to post our women's pictures online for the public to see, let alone having the customs look at them and take a copy of them as well!!
And what is considered childpr0n, maybe as well be nude pictures of man's 16 year old wife. That's the legal age to get married in some of the countries in the Middle East.
Apart from pictures, business men carry sensitive information, that shouldn't be copied, and if encrypted, they're forced to provide the key/password to decrypt them.
When there's a leak of information, is the US customs going to be responsible for such cases?
Mod points are a dangerous tool. Abuse them wisely.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
it pretty much covers this so, i guess that liberalisms creative reading and interpretations of the constitution has pretty much trashed the whole thing now.
First the came for the gypsies
but I was not a gypsy....
Shouldn't they ask me something like this in checkin, then: "Is all the information on your laptop yours? Could anyone have tampered with the information on your laptop?" Anyone who has had their laptop online would have to admit that someone very well could have tampered with the information on the laptop. Should that mean they shouldn't fly then? (Which, while a personally untested theory, is what I assumes to be the case should I answer that "Yes, someone could have tampered with the contents of my checkin luggage".) People with laptops clearly shouldn't be let into the country: You never know what they might have on them spooky things, and, as it turns out, neither do they!
If I had something illegal on my computer, wouldn't plain site be the last place I'd put it? This only catches the dumb criminals and is a problem for everyone else. My laptop takes 10 minutes to boot up now (its old), are they going to back-up the line waiting for it to boot up, then hit search for .jpg and start looking for at best naked pictures of my girlfriend that I forgot to remove years ago?
.zip file, rename the file extension, then copy it to a digital camera's memory stick and have it on the camera. What's that file? I don't know, must be something the camera needs (not that it would ever get to that point).
I mean, if I had some illegal pictures or something, I'd probably just make a
Hey Entrepreneurs...
1. Buy lots of laptops, and some insurance.
2. Set up some servers offering secure online file storage.
3. Market your new short-term laptop hire company.
There's obviously a market for this. Getting on a plane has to be one of the worst experiences of modern life. In what way have the "terrorists" not already won?
Yes, they do check cell phones. What could be more interesting than the people you're in contact with ? They also check cameras, camcorders, Mp3 players, etc.
1st does not apply at customs - you can say something to raise the suspicions of customs officials and they do have the right to stop and search you and your belongings
...
4th does not apply at customs - your papers and personal effects can be searched for anything that illegal to bring into the country, and can be seized for further investigation or if found to be or contain anything illegal
5th does not apply at customs - encrypting data should raise the suspicions of customs officials and cause them to ask for the password, in the same way that if you lock you baggage they will ask you to unlock it or force the lock
By travelling abroad you tacitly agree to abide by customs regulations which include the right of customs officials to search you and your property
Puteulanus fenestra mortis
1st: still applies at customs. What you say will be interpreted carefully and it may increase suspicion, but you still have the right to say what you want.
4th: At entry into the country your personal effects can not be seized unless there is legal cause.
5th: It has already been ruled by the supreme court that the 5th amendment applies to password to encrypted data.
At least the EFF is taking this on.
.between the government and the people. . . And it became always wider. . . the whole process of its coming into being, was above all diverting, it provided an excuse not to think for people who did not want to think anyway . . . (it) gave us some dreadful, fundamental things to think about . . .and kept us so busy with continuous changes and 'crises' and so fascinated . . . by the machinations of the 'national enemies,' without and within, that we had no time to think about these dreadful things that were growing, little by little, all around us. . .
.Each act. . . is worse than the last, but only a little worse. You wait for the next and the next. You wait for one great shocking occasion, thinking that others, when such a shock comes, will join you in resisting somehow.
.But the one great shocking occasion, when tens or hundreds or thousands will join with you, never comes. That's the difficulty. The forms are all there, all untouched, all reassuring, the houses, the shops, the jobs, the mealtimes, the visits, the concerts, the cinema, the holidays. But the spirit, which you never noticed because you made the lifelong mistake of identifying it with the forms, is changed. Now you live in a world of hate and fear, and the people who hate and fear do not even know it themselves,
How can people not see what is really happening in the US? Most of these people in charge of homeland security and who are constantly pumping fear into the populace - they do not care about the people at all - most of them would WELCOME another attack as their power would increase (obviously I am not talking about the people at the lower or mid levels of such organizations, I am sure most of them have their hearts in the right places)...basically the people are being manipulated to feel like they only way they will be "safe" is if the country turns into a gigantic jail.
Even if you think this sort of crap has any value you have to know (if you have any technical expertise at all) that any terrorst or criminal would use encryption or some other method to conceal their sensitive data.....So really the only people this affects is the general populace.
America is becoming a textbook fascist state, I don't say that as an exaggeration or for shock value - it is a fact - we meet all 14 points of fascism that Dr. Laurence Britt, a political scientist identified after studying the fascist regimes of: Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia), and Pinochet (Chile). I am sure that these 14 points have been posted here before so I won't repeat it - if you are interested you can google "14 points of fascism" or go to a site like:
http://www.secularhumanism.org/library/fi/britt_23_2.htm
Almost a year ago I had a chance conversation with a couple who lived in Germany during the thirties through the forties - the are terrified and cannot believe what is happening here - they came to America in the 50s convinced that what happened in Germany could never happen here, and both of them say they see the exact same incremental processes happening here.
I wish I had recorded what they told me, but it was a spur of the moment sort of thing. I came across the paragraphs below on a website today and it reminded me very much of what they had to say (although coming from them it was so much more powerful and straightfoward):
"What no one seemed to notice. . . was the ever widening gap. .
Each step was so small, so inconsequential, so well explained or, on occasion, 'regretted,' that unless one understood what the whole thing was in principle, what all these 'little measures'. . . must some day lead to, one no more saw it developing from day to day than a farmer in his field sees the corn growing. . .
You don't want to act, or even talk, alone. . . you don't want to 'go out of your way to make trouble.' . .
QUOTE the part of the Constitution where it says the Fourth Amendment ends at the border, or SHUT THE FUCK UP!
"[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz
Do they check it for data though? Or just fiddle with the onscreen menus? If I put a file on my phone that isn't an image, mp3, or video file it doesn't list it. You can only see it if you use a computer to access the file structure. Same with my camera with non-image files.
Don't cross the border with things you don't want customs agents to find. That goes for...trade secrets...on a laptop. So if you are a businessperson, traveling for business purposes, you shouldn't be able to take information across the border that will clench the deal? Or maybe, once you arrive at your destination, you should hook up to your hotel's ultra-secure public internet connection and download the gigs of data at the cheapest fricking broadband speed the hotel could buy from the local ISP -- which, incidentally, is shared among all 200 guests in the hotel. And God forbid that the hotel's internet connection should be down when you arrive. I'm sure your business rival would be more than happy to give you a second chance to make your sales pitch to the prospective client before they make their sales pitch. </sarc>
Nack. The Bill of Rights gives us freedom from search and seizure without due process of law. If agents of the government have no reason to suspect I have committed a crime -- and by definition, crossing the border in compliance with the laws of the countries involved cannot possibly be interpreted as "committing a crime" -- then by a strict interpretation of the Bill of Rights, they have no probable cause to search my laptop at the border. All of this bunk about how the Constitution doesn't apply at the border is just that -- bunk.
MCSE? No, sir...I don't do Windows. Yes, I am an idealist. What's your point?
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."
But, when they routinely rip apart (if they are dismantling or cutting into) the property of those who are deemed "clean and free to go", they should be obligated to pay for restoring the condition of the vehicle prior to letting them go. They should be required to provide food, a lounge, and proof of detainment and protection from being fired. They should obtain for them any lost money incident to the search.
Nations conducting these searches need to tone down. There are ways to deal with drugs and physical contraband by using various X and other types of ray or wave search equipment. While I am sure that not EVERY border agent is a snoop and a thief, it only takes ONE to cause hell for someone who is NOT a trafficker of illegal materials.
Do these people KNOW how many wannabe writers pen their own salacious materials, write incendiary journals/material, and conduct research of various kinds, and -- based on the mores of the agent -- could be summarily relieved of their non-crime-committing property, arrested, and tarred for life, possibly even being fired?
Another responder said FULLY encrypting one's laptop is a GOOD thing, and legitimate, as simply using public transit it is easy to have one's laptop stolen. Why, in 2006, I saw a thuggish asshole running off with the Linux laptop (I assume it was Linux-based, as this was the time of the Linux convention in 2006, at Moscone) of a convention goer who was in the Powell Street BART entrance. I am SURE that victim is hating his life if he had no HARD disc encryption and the asshole thief managed to find an adapter and keep the thing powered longer than 2 hours afterward.
But, had I been quicker-thinking, I'd have stuck out my foot and tripped that *motherfuck* and worried later about the consequences. That way, the victim of the theft would have relief that even if his laptop died and the disk crashed permanently, at LEAST that bastard who stole it wouldn't benefit from the data AND the hardware loss. I'd do this for the user of ANY OS, as long as I realized it was THEIR laptop being stolen from them. Realization only requires seeing the victim using it and then out of the blue seeing some bastard run off with it, with a menacing, victorious look, the look of buying his next drug hit, or the look of glee from tormenting someone who was careless and easy prey...
Pretty much, person privacy and the right to encrypt one's data should protect one from prying eyes of the government.
Previously: "Linux... Toward the Sunrise..." Now: "Linux... Toward the-- No, now, part of Every Sunrise"