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Bill To Add Accountability To Border Laptop Search

I Don't Believe in Imaginary Property writes "Rep. Loretta Sanchez (D-CA) has introduced a bill that would add accountability to the DHS searches conducted upon the laptops of those crossing the border. Specifically, it would require the issue of receipts to those who had their property confiscated so that it could later be returned, would limit how long the DHS can keep laptops, would require them to keep the laptop's information secure, and would create a way to complain about abuse. Finally, the DHS would be required to keep track of how many searches were done and report the details to Congress. Rep. Sanchez also has also issued a statement about the proposed bill."

12 of 495 comments (clear)

  1. Re:US Citizens only by AvitarX · · Score: 5, Insightful

    Don't visit.

    Our government is sending a clear message that we don't want you, can't you take the hint.

    Our government has made it clear, non citizens are not humans, and therefor cannot expect human rights. Is it really so hard to understand?

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  2. no by unity100 · · Score: 5, Insightful

    sucks to be them.

    you think that businessmen, travelers will still maintain u.s. as a destination of choice, if this shit of a practice stays the same ? hell, or even just stays though changed ?

    there are heaploads of countries in the world to travel to and do business with.

    1. Re:no by Dog-Cow · · Score: 5, Insightful

      I've said many times since 9/11/01 that Bush is the greatest terrorist the world has ever known. No one in recorded history has managed to terrify upwards of millions of people in such a short amount of time.

  3. Good Lord! by MistaE · · Score: 4, Insightful

    Are you telling me that currently, the DHS doesn't have to do any of these simple things that should have been required of them in the first place? This is just a pathetic showing of how out of touch Americans are with their privacy rights and how stupid we are for keeping the regime responsible for this in as long as they have been.

    Man, I got into the wrong field, I should have become a border agent so I could my hands on free laptops every day.

  4. How about not searching the laptops at all? by Reality+Master+201 · · Score: 5, Insightful

    Cause there's no legitimate reason to do so.

    What happened to reasonable search and seizure again? And don't gimmie the bullshit about this being the border, and thus completely outside the scope of normal legal protections. It's one thing to look for smuggled goods or potentially disease carrying goods, etc. But nothing you can carry on a laptop can't just be transmitted past customs over the internet. There's no actual reason to search peoples electronics at the border.

  5. NOT suddenoutbreakofcommonsense by quadrox · · Score: 5, Insightful

    This is not suddenoutbreakofcommonsense. The original bill should never have passed in the first place, and common sense would be to remove it again.

    While this bill is a step in the right direction it also indirectly legitimates the original bill by not outright removing it. They have no business to search my laptop should I come to the US, not in any way, and not in a limited way either. Period. :)

  6. Re:US Citizens only by TheSpoom · · Score: 5, Insightful

    Read the Constitution and the Bill of Rights. Almost everything applies to persons, not citizens.

    And yes, I know border searches are thought to be an exception to the fourth amendment.

    Anyway, I think the Congresswoman's statement was a misstatement (or at least hope it is)... I doubt they'll actually say "Well, normally I'd give you a receipt, but you're an alien so fuck you," even given the interactions I've had with CBP staff.

    --
    It's better to vote for what you want and not get it than to vote for what you don't want and get it.
    - E. Debs
  7. I understand... by Anita+Coney · · Score: 4, Insightful

    I understand why they have to do searches pre-flight. You certainly don't want people sneaking dangerous materials, weapons, etc. on a plane flying at high speed miles above the ground.

    And I can understand why they would want to check the hardware of laptops to ensure that they're really laptops and not disguised bombs or weapons of some sort.

    But what I cannot fricken understand is why they check data on laptops. Is someone really going to drop a plane out of the air because a laptop has porn on it?! Is someone really going to high-jack a plane because he has a hard drive full of copyright infringing MP3s?!

    Searching data on a laptop has absolutely no relationship to the reason for pre-flight searches. It will not protect anyone and is done solely as a fishing expedition get around the US Constitution. You'd think conservatives would want to protect our Constitution. But you'd be completely wrong.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  8. Re:Legislating common sense by GaryOlson · · Score: 5, Insightful

    This solution only makes sense to a bureaucrat. This is not accountability; this is just another set of hurdles.
    1)How will the laptop be returned? Who will pay the shipping charges?
    2)Will the government pay for damage during confiscation and/or return shipping?
    3)What kind of receipt? Will I have to hand over personal information to identify myself -- which is put in a database and probably not encrypted? What data retention rules will be applied to that database?
    4)Complaints -- another black hole into which citizens communicate and no response is ever received. I suggest the bill require the DHS to pay all damage/theft claims first; then try to obtain a refund if the claim is found false.
    5)Report to Congress? What a waste of time. I want all that information on a GAO audited web page: how many items confiscated, how many were actually forensically investigated, how many returned to the owners, process time from confiscation to return, how many damage claims and how much it cost, how many arrests as a result of confiscation.

    And while they are creating the web page, I want that receipt to provide access to a web page where I and my companies lawyers can track the process of my confiscated equipment. When the item is returned, it will link to the UPS/FedEx tracking number so I can track the return of my item.

    --
    Every mans' island needs an ocean; choose your ocean carefully.
  9. !common sense. Security Theatre. by Ralph+Spoilsport · · Score: 4, Insightful
    WHY are they confiscating the computers in the first place? Anyone with even the slightest bit of sense could move huge amounts of data through the interweb, encrypted to and from one anonymous point to another. and if it's encrypted more than once, it's nearly impossible to decrypt. and if you then take that and turn it into a .bmp file, then it just seems to be a collection of static-like images with precious little info. And all you have to do is dump the data to a CDR or DVDR and stick with the rest of your music collection.

    This bill is NOT a sudden outbreak of common sense. A sudden outbreak of common sense would be to abandon this idiotic practice for the security theatre it is.

    And people wonder why I left and don't like returning to the USA. California uber alles.

    RS

    --
    Shoes for Industry. Shoes for the Dead.
  10. Re:Yes you are by CaptainZapp · · Score: 4, Insightful
    Your correction is wrong.

    Neither in Mexico, nor in Canada did I ever experience such abyssimal treatment by border officials then in the US. Last I read, both are part of America.

    Thus USians is valid in this context.

    --
    ich bin der musikant

    mit taschenrechner in der hand

    kraftwerk

  11. Re:Still wondering? by Duradin · · Score: 4, Insightful

    Child porn is not a legitimate reason to have our rights taken away.

    First of all, the damage has already been done. Once it's on media of some sort, the 'child' has already been abused. Destroying copies won't undo the event.

    Secondly, are you *sure* it's actually CHILD porn? Are the guards going to verify the identity and age of all the participants? No, they will not. CG, drawn, ageplay all equal child porn to them. Plus it gives them a great excuse to confiscate any device or media and detain any person they want. Good luck trying to prove it was the DHS that loaded some kiddy porn on your device after they had confiscated it and sent you off to an all expenses paid vacation in Cuba.

    If you really cared about those harmed by child porn you'd be more concerned with preventing the creation of it, not hindering after-the-fact distribution. But continue on with your doubleplus good bellyfeel campaign. It's probably too scary for you to have any rights (and the commensurate responsibilities) but it's not your call to diminish my rights just so you can _feel_ secure.