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

US Citizens only

[jevring]

Her suggestion only applies to US citizens, though. What about the rest of us?

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?

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:US Citizens only

[CaptainZapp]

Great advice, thank you.

I got the message loud and clear in 2002 (that was before the fingerprinting started) and haven't visited the US since (that's after about 20 previous visits, on which I parted with a significant amount of my tourist Euros).

While, depending on the airport, immigration to the US was never fun (hello! Miami) the whole affair got absolutely loathsome after DHS called the shots.

As a matter of fact I even refuse to transfer plains to a third country through the US, since you don't need to collect your bags and go through immigration and customs in transit on just about any European hub.

To conclude: I got the message loud and clear and here's hoping you're having a nice, slightly fascistic police state that makes all of you feel right at home.

Just to be clear: I'm not pissing on USians here. But what this administartion pulled off with a disregard of the most basic human rights (hello Mr. Torture President) is so depicable, that I for one certainly don't want anything of it.

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

[jacquesm]

correct, I already stopped going to the USA for business & pleasure both.

I used to travel there three or four times every year, since Bush has come to power and the US went nuts it declined until a few years ago I stopped going completely after one border harassment incident too many.

The US border guards are on par with some of the worst that I've seen on the east-west German and Polish borders when the Iron Curtain was still firmly in place.

Funny how things come full circle...

Re:no

[oldspewey]

Ever since people have been treated like criminals upon entering the country I decided I would never go to the US, not even if my job demanded it.

My job does demand it ... and I am increasingly thinking it's time to start looking for new employment.

Re:no

[jacquesm]

Well, this is only anecdotal evidence, but I've had:

- my shoes confiscated (steel toes)
- my laptop and removable drive booted and searched
- my camera searched (and unfortunately it had a very large flash card in it so that took a while)
- my fingerprint taken as if I'm some common criminal (as opposed to a classy criminal)
- my mugshot taken
- missed my connecting flight

All this in Miami on a fucking stopover for an Amsterdam to Panama City flight, in other words I was not even planning to visit the states on that particular trip

So, that's it for me, no more US of A, I'll see you guys on the flip side of the revolution, if it happens in my lifetime I'll be happy but I'm not holding my breath for it.

If that's the face you want to present to the outside world then I wish you good luck.

For the record, I've been a pretty outspoken critic of the Iraq war, both in private emails as well as in public writings, possibly that reason enough to 'flag' me. Makes you wonder about the kind of society America is becoming.

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.

Re:no

[Anonymous Coward]

what happened to the guys who saved Europe from fascism 60 years ago?

They had some economic problems then invaded Georgia. Why?

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:Read the Bill itself

[TheSpoom]

Yep, it doesn't even mention the word "citizens". The bill itself is quite short and makes a lot of sense.

Take a look: HR 6869: Border Search Accountability Act of 2008

Re:Good Lord!

[Jesus_666]

Hey, at least the USA have taken one step towards being a free, democratic nation. If they keep it up they might become a respected member of the United Nations in less than twenty years.

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.

Re:Good to know.

[mcgrew]

Oh hell, you found me out. I took out all the electronics in my laptop and have been smuggling terrorists in it for months now. I guess I'll have to put them in my shampoo bottle... what? No shampoo bottles either? Wow, those guys are doing a heckuva job, Brownie!