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.
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!
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?
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...
government sponsored theft of your property. fuck that.
Taxes?
No Highway for you!
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?
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
I'm Canadian and I definitely wouldn't classify our health care system as a "failed idea." It's not perfect, but I bet most Canadians would agree that it's far better than the system you have.
"A Lisp programmer knows the value of everything, but the cost of nothing." - Alan Perlis
I don't have government twits telling me what healthcare I can and can't have.
The government has screwed over the economy and used fear to enforce security and yet now we're supposed to trust them with our medical services?
No thank you.
Or to paraphrase...
Those who are willing to give up medical freedom for medical security deserve neither.
Who said universal health care had to involve government administration?
Just pass strict new regulations:
A - you must charge a flat rate to all comers, subject to audits against gouging, and regulated the way utilities are regulated.
B - you must accept any applicant to your medical insurance program, no testing, your economic function is to spread risk not avoid it.
C - Anyone willing to subject themselves to a full financial audit by the IRS and SEC to prove they are unable to pay the national flat rate can receive a tax credit toward their coverage.
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
I'm such a leech.
I mean.. i ate right, have never been overweight, got plenty of exercise, and was diagnosed with crohns at age 17.
Now im out of college, unable to get insurance of any kind, and suffering from excruciating pain, chronic diarrhea, and lethargy approaching narcolepsy, all because I can't get 2 perscriptions which would make it all go away
This is because of authoritarians like you who believe in "guilty until proven innocent"
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
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.
VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
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... >
Border guards aren't that stupid, most of them are halfway decent people, but they've got fairly broad ranging powers and nobody likes a smart ass.
Unless your border guards have had a recent donation from the RIAA/MPAA/BSA they probably don't really care, realistically unless they're bored they're not going to do much about data even if they bother to look at it. It's none of their business and doing anything about it would require filling in paper work.
On the other hand, if you act like a smart ass and piss them off, you'll probably find your car being taken apart to make sure you don't have any hidden compartments, a cavity search and your drives sent to the appropriate interested parties.
Never act like a dick to someone who has the power to make your life miserable unless you're damned sure you're right and willing to take the consequences.
Good point. I was kind of a dick to them when I realized that my car was getting searched regardless of what I did or said, but I guess they could have fucked up my car if they wanted to.
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.
As opposed to profit-motivated corporations deciding what healthcare you can and can't have?
upon the advice of my lawyer, i have no sig at this time
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.
Just because they do something with some small fraction of it that might benefit you doesn't mean they still didn't take it from you with the threat of force.
Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
You almost have to ask yourself, why do we need a bill to fix a problem that is against the
constitution anyhow.
Got Code?
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
Ok. So, you lost the genetic lottery. That really sucks for you, I'll admit. You have my sympathy.
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? I know that sounds cold, but the nature of reality is that life is not fair and you only deserve what you can earn by the sweat of your brow.
Authoritarians did not invent Crohns disease. If you cannot get the drugs in this country, move to one where you can. If you cannot afford the drugs, either work harder or ask the people who know and care about you to help pay for them.
Ultimately only you are responsible for your own health and happiness. If you're not willing to do whatever it takes to secure those things for yourself, do not blame others. It's your choice not to act.
Ultimately only you are responsible for your own health and happiness. If you're not willing to do whatever it takes to secure those things for yourself, do not blame others. It's your choice not to act.
And that, in a nutshell, is why a lot of people can't stop scratching their heads about the way things are done in the good ol' US of A.
Don't get me wrong, I'm not saying it's immoral or wrong in any way, just that a good chunk of the rest of the western world feels there's such a thing as the common good which supercedes the individual.
And to put this in economical terms, what's the cost/benefit of providing the GGP with socially funded medicine, which most likely means he'll be able to function as a tax-paying, consuming, creditcard-using citizen instead of having to sit at home being a drain on society through other channels? In many cases a short-term investment in people that have fallen "through the system", so to speak, can make a huge difference both to their own welfare as well as their ability to contribute to society as opposed to having to depend on it.
People replying to my sig annoy me. That's why I change it all the time.
GP's point was that they are refused coverage based on a preexisting condition. They clearly want to play fair and pay for insurance such that they receive treatment. How is that fair to person who is refused health insurance simply because the insurance company views them a bad investment?
Your solution of "Sucks for you." doesn't balance the fact that insurance companies are fucking people over. So the GP should have the right to hold you at gun point and take everything on you? Perhaps that is whatever it takes to secure things for them. Same goes for people trying to score drugs and those who steal. Whatever it takes isn't going to be the best solution.
As for being able to afford drugs, have you seen the price of drugs without health insurance? One of my brother's bipolar meds is $300 a refill. It's only $200 if you have a AAA card (WTF??). And $100 with insurance. These are drugs required to make sure he functions versus being in a manic depressive state.
Being in a manic depressive state will not allow him to work harder. GP's symptoms do not seem to allow for him to work harder. Suck it up champ and work through isn't a reasonable solution here. Neither is medical costs driving people to bankruptcy. Something has to be done about the exploding cost of healthcare or no one but the rich will be able to afford it.