New Bill To Rein In DHS Laptop Seizures
twigles writes with news of a new proposed bill that seeks to curtail DHS's power to search and seize laptops at the border without suspicion of wrongdoing. Here is Sen. Feingold's press release on the bill. The new bill has more privacy-protecting safeguards than the previous one, which we discussed last month. "The Travelers Privacy Protection Act, a bill written by US Senators Russ Feingold, D-Wis., and Maria Cantwell, D-Wash., and Rep. Adam Smith, D-Wash., would allow border agents to search electronic devices only if they had reasonable suspicions of wrongdoing. In addition, the legislation would limit the length of time that a device could be out of its owner's possession to 24 hours, after which the search becomes a seizure, requiring probable cause."
Probable cause required after 24 hours? No. Probable cause must be required before search.
Seriously.
After 24 hours it becomes a seizure? Does that exclude holidays/weekends? This "border" place is it an airport if so which timezone would be followed considering planes can fly against the time zone.
Yeah nothing but junk here, where the steak and potatos at in this article?
If they take a laptop to search it for 24 hours they should first detail their "reasonable suspicion" on a form to which the person's whose laptop is being taken receives a copy to chat with their lawyer about.
It's a bit like saying the police can break down my door and search my apartment for 24 hours before I can complain.
I think I speak for all of us when I say: FUCK NO.
Don't thank God, thank a doctor!
there's no way in hell i'd ever visit the USA under the current regime. the same goes for the UK. detain without charge or trail indefinitely, government sponsored theft of your property. fuck that.
If you mod me down, I will become more powerful than you can imagine....
This won't stop DHS agents from stealing laptops. How often are laptops seized by DHS, never seen again, and DHS has no record of it ever having been seized? Should I ever find myself entering the USA with a laptop, I'm entering with a freshly wiped HD, a fresh Windows XP install, and the knowledge that I may never see the laptop again.
This bill is going nowhere until the next session of Congress - and that on the assumption that Obama wins and the Democrats have a much stronger hold on the Senate.
Why on Earth isn't this bill co-sponsored by a Republican? Have they stopped even paying lip-service to freedom?
Ten years ago the Republican party had two things going for it, fiscal conservatism and a strong stance on freedom. What happened? (It would be easy to say, "George Bush", but I refuse to believe that he could have done it single handedly.)
-Peter
I'd also like to know what measures the bill takes to prevent the border guards from saying "well, we lost it, sucks to be you". Does it have guarantees spelled out? If my laptop gets "lost" while they have it, will they buy me a new one? Will someone lose their job or go to jail over it?
Because if the answer is "no", then at this point I just plain don't believe it will matter.
Breaking Into the Industry - A development log about starting a game studio.
Yes, there is an order of magnitude of difference between a penis pill e-mail and a terrorist, but the general principle is the same.
So you're saying that terrorists want to enlarge my penis by an order of magnitude greater than the pills? Well I guess a massive penis could be rather threatening, but how would the terrorists make use of my terrifyingly huge penis? Write a message on it? Or maybe they're just trying to get the point across that they have to ability to produce Wangs of Mass Destruction?
"When information is power, privacy is freedom" - Jah-Wren Ryel
How do i get my laptop back after 24hours when i'm just a tourist with no address to have it sent to?
Also if the "reasonable suspicion is truly reasonable" wouldn't that be the probable cause that the op was stating should be required?
But this "government limiting its own power" never seems to go where one would wish it to. They all want to look good on national security (particularly on the run up to the election), and a shallow look sees that as associated with a strong central government.
But real security can't rest on trampling the essential liberties of the people (citizens or not). There is not much understanding of that in Washington, or they mostly prefer willful disregard.
And something that this discussion needs: probably cause vs. reasonable suspicion.
Floating face-down in a river of regret...and thoughts of you...
Yeah, right....
More like "we're done installing rootkits, you can come and pick it up whenever you want".
No sig today...
If you're a foreigner, you're screwed.
No sig today...
He may be an Anonymous Coward, but he's right!
I heard this was a major point in the leadership debates. It was the one thing the leaders could agree on.
Feingold, one of the writers of the bill, has a history of getting big bills to pass. McCain and Feingold wrote the Bipartisan Campaign Reform Act in 2002 which caused two changes in election campaigns: limiting the use of soft money and stopping corporations from paying for TV ads.
Obviously, just because he passed a bill before doesn't mean this one is a sure bet; however, it does give it a better chance.
Not necessarily. Obama will create a government healthcare system, that has been a failed idea in Canada, the UK and other countries. Their healthcare systems are nationalized, but they suck! It would also drive us deeper into debt, the last thing we need right now.
I don't think Americans want spongers getting free healthcare, particularly if it's going to bankrupt the country (more).
This is particularly relevant to me as I'm travelling to the US next month. I'll be there for a couple of months so taking my laptop is kind of a necessity but really don't know what the hassle's going to be like at the border and whether it's worth it. I'm not particularly worried about them spying on my files since there isn't anything sensitive there and if there was, I could upload it onto a secure server and then download it once in the States but even that is a somewhat depressing course of action to take when entering the "land of the free".
It's almost as if they don't want visitors, tourists, skilled workers?
For those of us who aren't "American citizens and legal residents", we will be treated as terrorists. Doesn't matter if you are white. McVeigh took care of that one.
H.
Seriously. You will have a tracking number and a guarantee it will arrive. If I have to fly somewhere within the USA my clothes and belongings are going by Fedex. They don't seem to care if my tube of toothpaste is 3.04 ounces.
Only the State obtains its revenue by coercion. - Murray Rothbard
Laptops have seizures?
Probable cause? What a novel idea.
A similar bill to protect you from the HDS, which should not be trusted with your laptop for more than 1 second.
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to negotiate YOUR rights away. Keep your hands the FUCK off of mine!
I bought a laptop from a guy in singapore on ebay.
The thing stayed in a customs warehouse for 20 days because someone tacked some arbitrarily arrived at "extra" duty in addition to the official ones.
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Figures. Dems would make this kind of behavior official. All this does is remove liability in court cases. What a bunch of clowns.
I'm a US citizen visiting Canada in the Vancouver area. I had all of my crap in my car when I crossed the border to B.C., and I'll have to cross the border again to get back home relatively soon. I've gone across the border twice since to get some essentials down in Washington, and I've been picked out and had my car searched going both ways. I can only assume that I'll get searched when I'm coming back for good and have a car full of crap.
Among my possessions is about 2.5 Tb of storage containing several life sentences of copyright infringement. Should I bother encrypting it before I go back?
In 2005 I allowed my drivers' license to expire on my birthday at the beginning of the month, thinking that I had until the end of the month.
Traveling 3 days after the "official expiration", I flew to California, and what a pain in the ass that was! I was selected for the extra special search-every-bag at every security checkpoint both out and back.
I'm guessing that "probable cause" is whatever niggly-ass detail they want it to be.
Worse yet, my work involves lots of proprietary code, and I support my wife's psychology business accounting work. All that stuff is or should be on an encrypted partition and I can just see that...
Goon: What's on this encrypted partition?
Me: Patient mental health records for my wife's psychology business.
Goon: Decrypt it.
Me: Certainly, as soon as I have a legally binding signed agreement that all observers agree to the HIPAA privacy agreements that are required for medical records.
Goon: Step out of the line and come with me, sir.
< Uh-oh, this is probably not going to work out very well... >
The problem is that we're all aliens _somewhere_. The USA isn't that self-contained that only the rest of the world comes to the USA.
I think the USA would have a problem very fast, if its businessmen travelling to Europe would get their laptops confiscated for two weeks, to make sure there is no secret terrorism stuff among that mess of powerpoint slides. (Well, some do cause brain damage. Does that count as terrorism?) Especially when that laptop comes loaded with a copy of some corporation's customer data. (That's how most data losses happened so far. Idiot salesman takes a copy of the database on his laptop, so he can do a snappy presentation for a potential customer. Idiot salesman forgets that laptop on a chair at the airport or in a cab.) I think we'd see a lot of chest thumping and posturing if anyone did that kind of thing to a large enough slice of _your_ citizens.
Also deny them the right to a lawyer? Oooer. I think we'd see some belicose posturing real fast there.
There are a ton of international conventions whose gist is, basically, treat our people right and we'll treat yours right. Because we're _all_ aliens somewhere else. I'm pretty sure that right to a lawyer and whatnot are in there. And maybe we should put the right to some privacy and protection against unreasonable seizures in there too, if it isn't already.
A polar bear is a cartesian bear after a coordinate transform.
Now laptop computers are having seizures? God damn Pokemon games.
Maybe it is just me, but I do not see how Congress is supposed to be passing bills or laws that give people back their Constitutionally guaranteed Rights . The Fourth Amendment protections are above the law, and the DHS is violating the Constitution -- the origin of all law in the US -- by practising these seizures. Why is a law necessary to prevent the DHS from violating the Father of All Law, the fundamental document without which the US could not claim to be a "Free Country"?
All data is speech. All speech is Free.
You're immune to search if you're capable of putting sufficient encryption on (and "forgetting" the passwords long enough? are we required to give keys to them at this point or not?) that they can't crack it within 24 hours?
(Or, of course, don't-have-anything-incriminating-on-your-laptop-you-moron, but considering the government's definition of "incriminating" can be as slim as "search him, he's wearing a turban", I for one don't want to bank that my laptop doesn't contain anything "incriminating", and I violate the law FAR less often than the typical person of my age. Particularly the bits where you aren't allowed to shoot up drugs.)
It's kinda like the other article about Gmail's math-problems-as-barrier-to-sending-mail thing; all you're doing is giving an edge to the competent. How about actual freedom?
An elaborate plan by lawyers to take over the world. First they become a necessity (much like dental-floss) mostly like... gvt-harrassment floss.
YES! It makes sense! And they have it agreed with the airplane companies and such, so that you pay for your personal lawyer to go with you wherever you go and thus double their revenue... or...
ooops. ok. one flaw. What about their laptops.
DANG! Just when it was all starting to make sense...
It's kinda like going into Walmart and seeing a marked-up (made-for-low-wages) item marked-down. This increases sales because customers feel like they're saving money by spending money. And, since America is made up of stupid consumers, we'll think this is a deal and buy it.
they are not passing a bill to give us our rights back. They are using "code" words in a pretty phrase to convince they are.
This is very typical of Congress. Label something "bill of X rights" "for the children" etc and the media and ignorant lap it up.
No, what they really have done is to create a law to protect DHS and give DHS the right to seize your equipment for 24 hours.
The simply codified what they have been doing to protect another Federal Agency. Par for the course with this Congress
* Winners compare their achievements to their goals, losers compare theirs to that of others.
That the Patriot Act and Sarbanes-Oxley are making the US a pariah in international business. Why would a country want to even send a representative here if all his shit is gonna be confiscated at the border?
I realize there has to be some regulation but come on...at the expense of our future? And regarding regulation, how about not making rules that go against the free market, like lending to people who can't afford to pay back and subsequently packaging these loans as awesome investment opportunities.
First, who cares if you never get your laptop back. This is about terrorism! If terrorists get in and blow up the USA, what good is a laptop? You can't use a laptop in a blowed up USA any more than you can rollerskate in a buffalo herd! Didn't think of that did you?
Secondlike, and this is something all you NERDS should have noticed!!!! What if they grab Osama bin Laden's laptop at the border, and say "Oh yeah we'll forward this on to you in 24 hours when we're finished searching it, IF you're not a TERRORIST Mr Osama bin Laden, IF that IS your REAL name!!! Then they let Osama go!!! Then they search the laptop and find the file c:\README_DHS_SPOOKS.TXT which says "Yep I am Osama Bin Laden and I'm a terrorist! Please send my laptop to Paris Hilton, Hotel Paris". And then what? THEY LET THE TERRORIST IN! Hey, at least they got his laptop.
What they should be doing: If you're a terrorist, they ARREST you at the border. Then they should take you to court and charge you with some crimes, and give you a fair trial!! Not take your laptop and let you into the country!!! Sheesh.
What if, and I just say what if because this is waaaay out there, what if some dastardly terrorist has come up with a plan for an attack, that DOESN'T REQUIRE A LAPTOP?? Taking their laptop away and letting them in to the country WON'T STOP THE ATTACK!!! Derrrrrr.
You almost have to ask yourself, why do we need a bill to fix a problem that is against the
constitution anyhow.
Got Code?
How can this scheme ever work? How can you block a terrorist by taking their laptop and LETTING THEM INTO THE COUNTRY??? The idea is to keep the terrorists out. What is the point of a plan where you take the laptop off the terrorist and STILL LET THE TERRORIST COME INTO THE COUNTRY? This is the STUPIDEST! PLAN! EVER!
Terrorist HQ, Afghanistan. Achmed: Curses, this new DHS plan to seize laptops from terrorists at the border is FOOLPROOF! We can never attack the Great Satan now!
Abdul: Hey Achmed! I've got an idea! What if we do an attack that ... doesn't use laptops?
Achmed: An attack that doesn't use laptops? Is that even possible?
Abdul: Well you know that plan where we get some people to take over a plane by attacking people with laptops?
Achmed: You mean Operation Smack Them Over The Head With A Thinkpad? Yes that was some of Osama bin Laden's best work! He'd get on the No Fly List for sure if DHS finds out about that!
Abdul: How about instead of using Thinkpads and clonking people over the head, we get some of those little knives they use to open boxes?
Achmed: You mean instead of using Thinkpads, we could use boxcutters? I like it! DHS can never stop us with their Operation Seize The Laptops At The Border plan! I'll call Khalid Sheikh Mohammed immediately!
What if their position isn't legitimate? Consider this scenario: A terrorist gets on a flight to the USA. On arriving in the USA, he gets his laptop seized for searching, but he is still allowed into the country. Then he wants to catch his connecting flight to Darwin Minnesota to blow up the largest ball of string in the world. Because you see, this terrorist group is deeply offended by people worshiping large balls of string. Or wool. But he's on the no-fly list, so they don't let him on the plane. Victory for the DHS policies and procedures! Right?
Wrong! The terrorist notices a nearby sign on a bus which reads "Come to Cawker City Kansas and see the largest ball of twine in the world!". He realises that since he's at Kansas City International Airport, he's probably already in Kansas! Or at least really close! Surely! And twine, that's pretty much like string! So he gets on the bus, goes to Cawker City Kansas, and blows up the largest ball of twine in the world.
This string-related tragedy would not be stopped by the DHS's policies of seizing laptops from terrorists or putting people (including terrorists) on no-fly lists. How can anybody think that seizing laptops or putting people on lists will stop terrorists? Arrest them, give them a fair trial, and if they're guilty, put them in jail. That might work!
I interviewed Sen. Feingold this past weekend, and we briefly discussed this bill -- audio can be found in this post
All of the private data on the drive will be encrypted. They can search if they like, but between encryption and ccleaner I think they'll find it quite boring.
They can get the password, surely. Either by holding me (as I have no real plan to spend time in a cell) or by sending in the boffins from the NSA. Either of those will take long enough to require a court be involved.
I suppose waterboarding is an option. I doubt I'd hold up much past the paper cup full offered while they explain what's to come next.
Once past the encryption, they'll find the data on the drive is still, however, quite boring.
Everyone knows you keep the real secret plans for world domination with your porn -- encrypted on hidden USB drives made to look like torn cables, or on a secure linux server housed in a data center that used to be an oil rig.
The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
That is why I back up my boot partition and then zero it prior to going through customs, and restore it on the other side.
;-)
Sorry Mr. Customs Man, this laptop is broken, and I'm bringing it along to our companies US office to have it fixed while I'm here
Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
It's not that I don't agree with your points.
However, clearing customs you are not in your apartment, and, indeed, not even in the country. They are tasked with deciding who and what gets in, to protect all the citizens still inside the country. Now, they may be doing a crappy job, and they may be going about it completely wrong, but it is an important job. They should just do it right.
We're all going bankrupt quite nicely without involving healthcare, thank you
My best friend has Crohns so much sympathy on your pain, but there is no prescription (or combination of prescriptions) available which will make Crohns or its associated symptoms "all go away".
I'm sorry to say the most the meds can do is help stabilize the disease at a "manageable" level of symptoms (usually after just a few months taking the meds) at which point you go *off* the meds until/unless a flare-up reoccurs.
Still, please explain why just because you got unlucky in life, I (or anyone else) should be forced to pay to take care of you?
kennedy had adison's disease.
FDR was crippled
Stephen hawking need an aide 24/7.
Some of the people we considered most valuable members of society suffer chronic conditions.
Several of them currently enjoy the benefits of socialized medicine and are therefore able to contribute to our society when they would have been dead by now in the US system.
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You would be breaking the law.
IANAL but write like a drunk one.
There is no simpler and truer answer.
IANAL but write like a drunk one.
In socialized health systems the immense majority of the money goes to the people that needs it (even in corrupt countries like Mexico).
All the things that you mention do happen, but that is a small price to pay (and this has been quantified as very small en several countries) in order to do what is undoubtedly the right thing.
IANAL but write like a drunk one.
Someone needs to make some devices that can be used as USB drives but that a customs guy isn't going to recognize as a data storage device (and therefore wont seize)
Put all your sensitive data on it and then use a clean laptop with nothing on value on it. Customs seize the laptop, just get another one.
Putting the data on an iPod or other MP3 player wont work, customs may seize those (especially if the RIAA can get a bill passed making the customs people government copyright cops for the big record companies). Mobile phones are also out (they may take your phone and read out all the phone numbers to look for any number on their "hit list"). Ditto with digital cameras, they may well seize those too to look for something they can use against you.
So someone needs to invent (or find) something which can store data but which is not something the feds would steal. How about an electric shaver with USB storage. Or, better yet, make something like those talking teddy bears for kids (complete with the talking story) but which also has on-board flash storage to store stuff. Or what about a Lego Mindstorms NXT, that already has flash storage on it and looks nothing like a computer. Have it built up with a motor and some wheels or something and if they ask about it, you can put it on the table and press the buttons and make it drive around.
They can have my laptop. Not gonna do them much good without my decryption passphrase, unless they want to work REALLY hard at it. :D
'nuff sed.
The bill requires agents to provide a written receipt to the person from whom the agents confiscate an electronic device. I surmise this translates to a situation of today which could develop as such, "Give me your laptop!" demands an agent, and the poor person hands over the laptop with NO RECORD of surrendering the laptop!!!