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Federal Judge Limits DHS Laptop Border Searches

Declan McCullogh is reporting at CNET that a federal district court judge has rebuked the Department of Homeland Security, "which had claimed it can seize a traveler's laptop and search it six months later without warrant." As described in the article, DHS policies have been stacked against travelers entering the US, including citizens returning from abroad: "There's no requirement that they be returned to their owners after even six months or a year has passed, though supervisory approval is required if they're held for more than 15 days. The complete contents of a hard drive or memory card can be perused at length for evidence of lawbreaking of any kind, even if it's underpaying taxes or not paying parking tickets." This ruling does not address immediate searches at the border, but says that DHS cannot hold computers for indefinite searching, as in the case to hand, concerning a US citizen returning from a trip to Korea, whose laptop was seized and held for months before a search was even conducted on it.

20 of 359 comments (clear)

  1. Revenge by Captain+Splendid · · Score: 5, Funny

    DHS to Judge: Enjoy your time on the no-fly list, sucker!

    --
    Linux, you magnificent bastard, I read the fucking manual!
  2. Finally ... by Anonymous Coward · · Score: 5, Insightful

    I'm glad to see that the law is finally curtailing some of these absurd laws. For the last bunch of years a bunch of draconian policies have been deemed legal "because we say so". It's about fucking time the courts started bitch-slapping these down.

    America has become absurd, and many people simply won't go there while it's like this.

    I think every country should start doing exactly the same things to all US citizens. Let's see how long it takes before Americans start to complain about being fingerprinted, cavity searched, and arbitrarily detained.

    I like most Americans, but your fucking government is out of control.

  3. Re:Rights?! by vxice · · Score: 5, Insightful

    Rights are meant to protect you from a corrupt government. It is your duty as an American to resist a corrupt government just as the red coats were removed from this country by force after being told to leave so much for 'violence is never the answer.' Laws that make criminals easier to catch make revolutionaries against corrupt government easier to catch and the only one interested in that are the entrenched corrupt government. Liberties are meant to defend you from your government and should NEVER be surrendered. Violent revolution adds a physical cost to corrupt governance.

    --
    every anarchist is a baffled dictator. Benito_Mussolini
  4. Re:It has worked this way for 200+ years by Trepidity · · Score: 4, Informative

    The U.S. is generally a country with some notion of property rights, though, so the police cannot arbitrarily seize and keep things if no law was violated, even at borders. They can search luggage entering the country, sure, but this case was about whether the police may keep a laptop for six months or longer without any sort of forfeiture proceeding or at least some sort of showing that the laptop was contraband under U.S. law and properly subject to confiscation.

  5. Re:The rollback of the Bush era infringements by JesseL · · Score: 5, Insightful

    Thank goodness Obama has done so much to fix all that.

    --
    "Prefiero morir de pie que vivir siempre arrodillado!"
  6. Re:The rollback of the Bush era infringements by Peach+Rings · · Score: 5, Insightful

    It scares me how scared people are that they think this is rational behavior. The "reasonable suspicion" that the border agent had at the scene was:

    Hanson appeared nervous, the discovery of the condoms and the male-enhancement pills, and Hanson's statement that he had been working with children

    Then they searched his laptop 3 times and found a single image of what appeared to be an adolescent girl naked on a beach, so they arrested him for possessing and transporting child pornography, and since it's federal, he's going to PMITA prison.

  7. Re:Rights?! by u-235-sentinel · · Score: 4, Insightful

    Rights are meant to protect you from a corrupt government. It is your duty as an American to resist a corrupt government just as the red coats were removed from this country by force after being told to leave so much for 'violence is never the answer.' Laws that make criminals easier to catch make revolutionaries against corrupt government easier to catch and the only one interested in that are the entrenched corrupt government. Liberties are meant to defend you from your government and should NEVER be surrendered. Violent revolution adds a physical cost to corrupt governance.

    According to the Constitution there are rights we cannot be forced to give up because they were not given to us by men.

    But they were sure taken by force by weak minded men

    --
    Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  8. Re:Burned CDs by u-235-sentinel · · Score: 5, Insightful

    No CDs?? I would like to see the rule on that, that would mean you can't bring music CDs, and you might as well not have CDR disks anyway, if you can't use them while you are out. This doesn't sound legit.

    what part of DHS does?

    --
    Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  9. Re:The rollback of the Bush era infringements by tophermeyer · · Score: 5, Insightful

    I am not going to defend the Bush administration. But it is worth noting that Obama has been President for 1 1/2 years already and he's done pretty much nothing to roll that back. Bush hating made sense back in 2007 while we was still enacting crap like this, but its only fair to also be critical of the guy who came into office promising "change" and has instead protected the status quo (in terms of fascist analogies towards government).

  10. PortableApps.com + microSDHC by dazedNconfuzed · · Score: 5, Interesting

    PortableApps.com = move your digital life onto removable media, able to run on any PC.
    microSDHC = 1-16GB storage on a sub-fingernail-sized removable media.
    Unless they're gonna go thru all the lint in everyone's pockets, they can have the notebook.

    --
    Can we get a "-1 Wrong" moderation option?
    1. Re:PortableApps.com + microSDHC by macaulay805 · · Score: 5, Insightful

      Ironically, your tagline fits your post "-1 Wrong". The solution you're suggestion is fixing the symptom, NOT the problem. The problem is unreasonable search and seizure. That is the problem we should be tackling.

  11. Re:Burned CDs by Hatta · · Score: 5, Informative

    What rule? What a custom agent says is the rule. If you question it, or even hesitate, you earn a beat down and a felony conviction.

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    Give me Classic Slashdot or give me death!
  12. Re:The rollback of the Bush era infringements by commodore64_love · · Score: 5, Insightful

    >>>It still scares me to see how badly the Bush administration has damaged democracy and the American constitution

    Yes George Duh Bush is a git, but Obama signed the Patriot Act Renewal bill, so now he's just as much of a git. Obama should have kept his promise and let the Patriot Act expire. Obama's other broken promises:

    1 - Stop snatching people off streets. Provide a Right to fair trial. - (REALITY: We no longer have Miranda rights even for U.S. citizens.) (Can be held indefinitely w/o trial)
    2 - Right to Privacy - (They now spy on us via warrantless wiretaps and track our cellphones) (Patriot Act renewed by Obama.)
    3 - No interrogation. Close Guantanamo. - (Revoked - now they interrogate American citizens too.)
    4 - End the war. - (Now it's been extended two more years.)

    So now we've had three shitty presidents in a row.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  13. Re:Rights?! by pluther · · Score: 5, Insightful

    They weren't taken by force.

    They were gleefully surrendered by frightened cowards.

    --
    If the masses can keep you down, you're not the Ubermensch.
  14. Re:It has worked this way for 200+ years by commodore64_love · · Score: 4, Insightful

    >>>A country has ALWAYS had the right to fully inspect or seize ANYTHING coming in across its border!

    Where in the Constitution was the United States government given that power of unlimited property theft (or limitless imprisonment)??? MY reading of the constitution says the exact opposite (Bill of Rights, sections 5 and 9 and 10).

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  15. Re:The rollback of the Bush era infringements by Grishnakh · · Score: 5, Insightful

    As a 2nd Amendment supporter, about the only thing I can say positive about Obama is that he signed the bill into law allowing people to carry firearms in National Parks. Of course, he didn't really want to sign that, but it was attached to some other crap he wanted, so he signed it anyway. So, in a way, Obama has been better for gun-rights supporters than Bush, who never signed any such bill, and also wanted to renew the idiotic "Assault Weapons Ban" (but Congress refused to renew it at the time so he never got to sign it).

    As for shitty Presidents in a row, I think it's been a lot more than 3, unless you want to try to segregate them based on their shittiness. Honestly, I can't think of the last GOOD President this country has had. It certainly hasn't been within my lifetime. Eisenhower, perhaps? FDR? Jefferson? Washington? All the ones since the 60s have sucked:
          JFK: Bay of Pigs
          LBJ: Vietnam war, welfare
          Nixon: extending Vietnam war, Watergate
          Ford: dunno
          Carter: ineffective in mideast crisis
          Reagan: massive deficit spending on military, Iran-Contra affair
          Bush I: Gulf War I, "read my lips: no new taxes"
          Clinton: not horrible, but didn't do anything good either, stupidly got caught getting blowjob from ugly intern with loose lips; signed bill overturning Glass-Steagal Act leading to Mortgage Meltdown
          Bush II: Afgh & Iraq wars, Patriot Act, Cheney, Halliburton, Blackwater, ineffective in Katrina, the list goes on and on
          Obama: extending Afgh & Iraq wars, ineffective with BP oil spill, promised "change" but everything's still the same as under Bush even though he has a Democrat-controlled Congress to work with

  16. Re:ruling makes sense by Jah-Wren+Ryel · · Score: 5, Insightful

    When you are at the border you are no longer "in" the US. You are "between" countries. You have no rights.

    Its like a little mini-gitmo for everyone coming to america!

    --
    When information is power, privacy is freedom.
  17. Re:It has worked this way for 200+ years by Grishnakh · · Score: 5, Informative

    Yes, they can. They do it all the time. Try traveling somewhere with a large amount of cash (even inside the country). If the cops find out, they'll seize the cash and let you go because they have nothing to charge you with. You don't get the cash back though.

    The US used to have a notion of property rights, embodied in the 4th Amendment, but that notion is long gone, and the 4th Amendment is now null and void.

  18. Re:The rollback of the Bush era infringements by shutdown+-p+now · · Score: 4, Interesting

    Centralized power of ANY kind, whether it is in a corporation or government, is dangerous to individual liberty.

    In the absence of some outside restraining force, how do you avoid the inevitable natural concentration of power when everything is left to its own forces? Neither governments nor corporations appeared out of thin air; similar institutions have inevitably been created by people of civilizations that are very different otherwise. This seems to imply that the very nature of human society leads to them.

    Government, in that sense, is an attempt to curb the threat of centralized power by trying to have a single entity, which is at least nominally controllable, and can all other such entities - corporations - in check. It is itself effectively a private corporation (for citizens only) with non-transferable shares. Without its regulative effects, you instead have a bunch of completely uncontrollable, powerful entities that fight each other by all means available. Worst-case scenario is that they form a cartel, and then you have a corporatist dictatorship. So what do you propose?

    Why must decisions always be placed in someone else's hands? Why can't I make my OWN decisions of what I want to buy, or wish to work, or desire to live.

    The other side of a coin is having more than one choice. Elections were commonplace in all communist states, and they're still held in e.g. North Korea. It's just that the list of candidates is such that choice is meaningless. But the same effect can also be achieved economically, through monopolistic collusion - when your choice is not "buy X or Y", but "buy X or don't buy at all" - and for some categories of goods (e.g. food), the latter simply isn't an option. And a similar scheme with an even greater potential for abuse is possible on the job market...

  19. Re:The rollback of the Bush era infringements by Peach+Rings · · Score: 5, Insightful

    You do pay your own bills, through taxes. Everyone shares the cost.

    Consider the alternative that you're suggesting. You suggest that people who get sick should have to pay for their care, as if it's a good/service that they're consuming. But the sick are in a situation where declining to visit the doctor can put a human life at risk!

    The thing that must be avoided at all cost is a financial disincentive to receive medical attention. That's the human rights part- a person in need of care should never have to balance their life against the needs of their family, and recovering people in a hospital should never have the additional burden of worrying about bills. The easiest way to accomplish this is to simply make medical care free, and to bill everyone. Sick people (who have enough to worry about anyway) aren't penalized for things out of their control, which I would think that Free Marketers would understand is pretty sensible from an economic perspective.