ACLU Sues For Records On Border Laptop Searches

TechPolitik writes "The ACLU has sued the US Customs and Border Protection agency under the Freedom of Information Act, aiming to obtain records on the agency's policy of searching laptops at the border. Under the policy, the CBP can search through financial records, photos, and Web site histories, and retain that information for unspecified periods of time. The ACLU is arguing that the information is necessary to understand whether the CBP may be violating the Fourth Amendment, which protects against unreasonable and unwarranted searches. The agency has so far not responded to requests for comment."

Comments

It's a search without a warrant.

[jcr]

Yes, it's a fourth amendment violation.

-jcr

Re:It's a search without a warrant.

[magarity]

Congrats - you're the first (of many) posts by people who have not read the entire Constitution. UNREASONABLE searches may not be conducted without a warrant, not ALL searches. It's up to the courts to determine after the fact whether someone's rights were violated with an unreasonable warrantless search, not slashdot armchair lawyers. Write to your congresscritters to let them know you think it is unreasonable so they can put pressure on the executive branch to not do the search in the first place.

Re:It's a search without a warrant.

[digitalunity]

ACLU's kind of taking a weird angle at it, but I fully support their cause.

The retention period of the data is irrelevant, in my opinion. The fact that they deem fit to search laptops or other electronic devices at all without probable cause, let alone a warrant, and considering the highly private nature of most peoples electronic devices, seems obviously contrary to the intentions of the 4th amendment.

Physical searches to board airplanes, regardless of destination seem very reasonable given the public endangerment risk from terrorism like sabotage, bombs, hijacking, etc. Beyond addressing physical security risks, other types of searches should not be conducted without a warrant. If they deem someone a risk, they can detain them and obtain a warrant. If it's not worth the effort to obtain a warrant, then the search isn't justified.

Simple as that.

Re:It's a search without a warrant.

[0123456]

got some news from you the socialist EU is 1000x worse

That's odd: I work in a company where employees can be sent all over the world with laptops, and the only country where we've received specific instructions on the carriage of sensitive information while crossing the border is America.

It's possible that you're correct and the EUSSR is actually 1000x worse, but from foreign companies' standpoints travel to America is becoming a serious liability; your policies are going to harm your economy far more than EVIL LAPTOP TERRORISTS ever will.

Re:It's a search without a warrant.

[Shakrai]

In any case, the claim is that they are looking for evidence that the owner of the laptop is a terrorist.

Ah yes, terrorism. The new boogieman that replaced drunk driving and child molesters. Wouldn't any halfway smart terrorist just buy a laptop here in the states and download whatever he needs through an encrypted connection to the terrorist data center back home in Dirkadirkastan?

Re:It's a search without a warrant.

[Jarjarthejedi]

You have no idea what Rule of Men means do you? Rule of Law is when something is written down as law, immutable (to a certain degree) and applying to everyone. Rule of Men is where the only law is whatever someone says today, and it can change tomorrow.

The Constitution is Rule of Law for the simple reason that if the president (for example) wanted to arrest someone for the crime of having a certain video game he can't do it, because it's not a legal thing to arrest someone for. Under Rule of Men that's entirely possible assuming the President determines the law.

Re:Very Tricky but pathbreaking area

[jcr]

If ACLU wins based on fourth amendment basis on the right of people to be secure in their persons & papers, then the border searches will be extremely time consuming as each search will need to accompanied by a warrant from a judge.

You say that like it's a bad thing. I for one don't consider it advantageous for violations of my right to privacy to be simple and convenient for all concerned.

-jcr

These peanuts are the BOMB!

[BrookHarty]

Its a fishing expedition, they dont have cause other than visiting a 3rd world country. Visiting a 3rd world country = sex crimes they say, wrong.

Myself, I'm such an asshole, I'd military format the laptop HD, with a "FUCK CUSTOMS!!!" dos bootup banner, before I come back into the USA, after I copied anything over the Internet to my home PC. Of course I'd lose my laptop, because they would take it to scan the HD for anything.

Really, I'm already pissed I have to take my shoes off to fly, like my shoes are now a terrorist threat.

When they hire bagage handlers at minium wages, and these fuckers steal laptops. I read that over 1000 laptops are stolen from the aiports a week. WTF? So by this logic, if there was a terrorist threat, they could just plant a bomb on the luggage.

I'm so tired of the "Security theater" show they put on. its a scam. At least some of us are actually calling them out on this bullshit. Bravo for the ACLU for doing this. I walk a fine line at protesting and getting tazed for being a smart ass. I know one of these days my comments at "these peanuts are the bomb" are going to land my ass in federal prison. But at least I can write a book and make a million..

Damn what a country.

Hide your private information on a USB stick.

[bezenek]

Carry a large USB stick. Back up your personal information (browser history, saved email, etc.) to it and put it in your pocket or even better, mail it home to yourself at your destination before you board the airplane. When you arrive, replace the personal information.

Looking through browser history is equivalent to asking you to provide your personal diary in order to get into the country. Similarly, looking at your saved email is equivalent to requiring you to bring copies of all your personal correspondence for the previous 12 months in order to get into the country.

This is really, really disgusting, and should not happen in the United States of America.

Todd

Re:Very Tricky but pathbreaking area

[jcr]

I'd got a bit farther than that, and say that i consider it a citizen's duty to require public employees to obey the law. If a cop ever wants to search my car in the future, my answer will be "officer, sorry for the inconvenience, but if you believe you have probable cause to search my vehicle, then you shouldn't have any difficulty convincing a judge to issue a warrant. I'll wait."

-jcr