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."

Comments

Re:US Citizens only

[AvitarX]

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?

no

[unity100]

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.

Re:no

[Dog-Cow]

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.

How about not searching the laptops at all?

[Reality Master 201]

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.

NOT suddenoutbreakofcommonsense

[quadrox]

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. :)

Re:US Citizens only

[TheSpoom]

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.

Re:Legislating common sense

[GaryOlson]

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.