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Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized

Orome1 writes "The well-known whitehat hacker and security researcher who goes by the handle Moxie Marlinspike has recently experienced firsthand the electronic device search that travelers are sometimes submitted to by border agents when entering the country. He was returning from the Dominican Republic by plane, and when he landed at JFK airport, he was greeted by two US Customs officials and taken to a detention room where they kept him for almost five hours, took his laptop and two cell phones and asked for the passwords needed to access the encrypted material on them."

484 comments

  1. First Post by Ethanol-fueled · · Score: 1, Troll

    Fuck the TSA goons. Those fucking low-rent frotteurs have it coming to them.

    1. Re:First Post by Barrinmw · · Score: 2, Informative

      Customs are not TSA.

    2. Re:First Post by graveyhead · · Score: 1, Offtopic

      Right heh, if OP has bothered to read, this is all about his friend who works with Wikileaks and the US government. Nothing to do with the TSA.

      --
      std::disclaimer<std::legalese> sig=new std::disclaimer; sig->dump(); delete sig;
    3. Re:First Post by Ethanol-fueled · · Score: 4, Insightful

      They are all under the umbrella of the Department of Homeland Security whose core mission is to annoy, harass, and humiliate law-abiding citizens while letting the crooks slip through the cracks.

      In short, federal policing powers given to the creme de la crap.

    4. Re:First Post by Anonymous Coward · · Score: 0

      rtfa, this isnt about the TSA. This is moreso about some agency not being happy with said whitehat. I'm not a person to keep tabs on celebreties, nerd celebrities or not, can anyone with more knowledge of this guy give an overview of what he qualifies as 'whitehat'? what do you think he's done to warrant this attention? is there really no cause?

    5. Re:First Post by Anonymous Coward · · Score: 2, Interesting

      uhh, customs and TSA have nothing in common. Customs is a legitimate part of the federal government. TSA is neither legitimate nor competent.

    6. Re:First Post by Barrinmw · · Score: 4, Insightful

      Generally, I agree with the mission of customs, inspect stuff coming into the country. But it does not take 5 hours to do so for some guys laptops and a person should not be required to hand over passwords to their own computers.

    7. Re:First Post by PatPending · · Score: 2, Informative

      uhh, customs and TSA have nothing in common.

      Other than they are part of the same organizational chart.

      --
      What one fool can do, another can. (Ancient Simian Proverb)
    8. Re:First Post by hairyfeet · · Score: 0, Troll

      He is called a "hacker" which after Wikileaks is right up there with kiddie fiddler as far as the USA gov is concerned. As for what he has done according to the wiki he goes to Black Hat conferences and shows tools and ways to break into websites. Now I don't know how exactly that gets labeled as "white hat" except maybe that he isn't selling the hacks first, but if he isn't warning those affected first like Kaminsky did with the DNS flaw I'd say at best he is a gray hat.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    9. Re:First Post by Anonymous Coward · · Score: 3, Informative

      Once again, Customs is a legitimate and competent part of the government. The TSA is neither. Yes, they both fall under DHS. However, the Army Corp of Engineers and the NSA both fall under the DOD but are very different. Further, the TSA and Customs are regulated by different parts of the CFR. 19 CFR for Customs and 49 CFR for TSA. As in, you're wrong.

    10. Re:First Post by cheekyjohnson · · Score: 3, Funny

      "Customs is a legitimate and competent part of the government."

      A part of the government that is both legitimate and competent? I never knew such a thing existed!

      --
      Filthy, filthy copyrapists!
    11. Re:First Post by Anonymous Coward · · Score: 0

      might as well be.. they all answer to the same bosses.

    12. Re:First Post by Hal_Porter · · Score: 4, Funny

      That's not fair. From his Wikipedia page he seems to be obsessed with finding ways to man in the middle SSL connections so he can present them at Black Hat conferences and allow people to commercialise the for as long as possible before they are fixed.

      Where would we be as a society if that it were possible for people to make secure SSL connections to their banks for example? That would be a nightmarish world where it would be impossible to redistribute income from the first world bourgeoisie to more worthy informal entrepreneurs in impoverished countries like China, Eastern Europe or Nigeria.

      I think he's doing socially very useful work. I'd recommend a prize for him, except he's probably not short of cash.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    13. Re:First Post by AHuxley · · Score: 1

      Yes the "greeted by two U.S. Customs officials ... and asked for the passwords needed to access the encrypted material on them."
      The idea that they devices could be unlocked in a lab seems to point towards a MS and others do their part to help.
      http://www.wired.com/threatlevel/2010/11/hacker-border-search/#more-20877 has the interesting comment on that "send them to the lab and you’re not going to have the equipment anyway and we’re going to get all the data"
      Then the extended layover at the airport in Frankfurt chat is interesting too. " agent said he was from the U.S. Consulate and .... routine customs question asking him where he’d been and why he’d gone there .. Now I have to call Washington.”"
      I would suggest entering (or exiting the US), have nothing on your HD/SSD but an OS with a few games/media player and a phone that empty and can be used once for a short time.
      Once the feds have your contact data, everybody enters same database. Then the friends of your friends.
      If your computer is cloned, wipe and sell it.

      --
      Domestic spying is now "Benign Information Gathering"
    14. Re:First Post by e9th · · Score: 1

      I'd recommend a prize for him, except he's probably not short of cash.

      You must be referring to his Wikipedia page of November 16th.

    15. Re:First Post by BrokenHalo · · Score: 1

      I would suggest entering (or exiting the US), have nothing on your HD/SSD but an OS with a few games/media player and a phone that empty and can be used once for a short time.

      In that case, why carry a computer and phone at all?

    16. Re:First Post by kainosnous · · Score: 0, Troll

      It seems to me that the "whitehat" lable is simply to make people feel sorry for him. This might work a little for a slashdot article, but if writing software to crack SSL was "whitehat" then that just helps to prove the case against most "hackers" (so-called by the media). Furthermore, he was being searched by customs after returning from a know drug smuggling point. This kind of thing is just muddying the waters when it comes to a much needed honest debate about security vs. privacy. It only makes my side (the pro privacy side) look week.

      Nevertheless, I am still opposed to all of the misguided screenings from the government. I can see why customs might want to physically look through his laptop, but I strongly oppose them attempting to look at the data. I'm not sure what contraband they think could be in the data comming into the states. As for the TSA screenings being talked about lately, my concern is that when they do catch a terrorist, they let them go. IIRC, the underware bomber didn't even have his own passport and was allowed to board. Recently, we see a known war criminal tried and almost aquitted in a civil court. The way I see it, the governemnt doesn't care if we are safe, they just want more power to control.

      --
      There are 10 commandments: 01)Thou shalt love the Lord Thy God 10)Thou shalt love thy neighbour as thyself.Matt22:34-40
    17. Re:First Post by AHuxley · · Score: 1

      So you can give your presentation/work/network on hardware you know and make/receive calls/send data?
      No need to give up on all the fun tech, just be very aware of what is been collected if you are stopped or your system is cloned out of your sight ect.

      --
      Domestic spying is now "Benign Information Gathering"
    18. Re:First Post by Dan541 · · Score: 0, Redundant

      Government hired thugs are all the same.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    19. Re:First Post by uolamer · · Score: 5, Interesting

      I brought a just an internal sata hard drive to Canada from the US, while in Canada I wiped it clean. On the way back into the US they stopped me for a few hours.. They seemed to not get the concept of bring just a hard drive, I think if it would have been an external drive they wouldn't have gave me so much grief. When I got home there were large files all over the drive.. I can only assume they did that to overwrite anything hidden on the drive, which there wasn't. I found it to be a long waste of time and the people to be a bit clueless.....

      --
      s/©//g
    20. Re:First Post by Dan541 · · Score: 5, Insightful

      Data has nothing to do with customs. They are overstepping their jurisdiction just to bully people.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    21. Re:First Post by e4g4 · · Score: 5, Insightful

      Regardless of how long it takes, there is no reason to search laptops at the border. Anyone truly interested in slyly transmitting data across the US border would never be foolish enough to accompany said data on the trip. It is _trivial_ to transmit data undetected into the US (nice to meet you, internet. how long have you been there?); what justification is there for searching laptops in the first place?

      --
      The secret to creativity is knowing how to hide your sources. - Albert Einstein
    22. Re:First Post by Dan541 · · Score: 4, Insightful

      Other than their recently uncovered fetish for porn the intention of customs is good.

      The idea of customs looking for data in the 21st century is laughable, have they not heard of the internet? That's where I import my data from.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    23. Re:First Post by zmollusc · · Score: 5, Funny

      Next time, take a broken hard drive with you. That will give them a challenge. :-)

      --
      They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
    24. Re:First Post by JockTroll · · Score: 5, Funny

      You know, you should have brought the HD to the authorities and explain that some terrorist mole at Customs had placed unknown files, probably containing steganographed information, on your drive for later "retrieval" by burglary and that you were rightfully afraid for your life because the terrorists obviously wouldn't be willing to leave any witnesses behind. That would have been a giant hoot.

      --
      Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
    25. Re:First Post by zmollusc · · Score: 2, Funny

      Hey, at least get your terminology right, those guys didn't spend all that time at Gooning classes to be called 'thugs'.

      --
      They whose government reduces their essential liberties for temporary security, receive neither liberty nor security.
    26. Re:First Post by Nursie · · Score: 5, Insightful

      Without people looking for vulnerabilities in SSL and publishing the results there would be other people looking for vulnerabilities in SSL and not publishing, just using them to steal.

      Security crackers that publish their results are essential to making sure we are really secure, not that we just think we are.

    27. Re:First Post by corsec67 · · Score: 5, Insightful

      So, Customs tried to erase all of your data on that drive? (If the drive was in a file system that they didn't recognize, like EXT3 or such, then writing files would destroy data)

      Actually, why would customs mount the drive in a way that it could be modified at all? It seems like if they can modify it, anything they found would be tainted.

      --
      If I have nothing to hide, don't search me
    28. Re:First Post by Anonymous Coward · · Score: 0

      Feh.

      Different Three-Letter-Acronyms or not; one airport securitygoon is the same thing as any other airport securitygoon. They're just a bunch of bloody useless thugs.

    29. Re:First Post by Hal_Porter · · Score: 1

      Naah, I was implying that he sells the exploits he finds before he demos them.

      There are probably people willing to pay big bucks for that sort of thing.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    30. Re:First Post by camperdave · · Score: 4, Insightful

      Furthermore, he was being searched by customs after returning from a know drug smuggling point.

      Yes, because certain criminals use the Dominican Republic to trade drugs, it's completely reasonable to assume that this person was involved in such activities. After all, nobody would go there to experience the culture, the cuisine, or the wide, sandy, sun-drenched beaches.

      However, let's not forget that this guy is an American. There's more drug trading and murder going on in the US than in the Dominican. Obviously that makes him a gun-toting, murdering, drug lord, like all other Americans. I've seen Breaking Bad. The world would no doubt be a safer place if we didn't let Americans get out of the US.

      --
      When our name is on the back of your car, we're behind you all the way!
    31. Re:First Post by camperdave · · Score: 1

      A part of the government that is both legitimate and competent? I never knew such a thing existed!

      Fire brigades?

      --
      When our name is on the back of your car, we're behind you all the way!
    32. Re:First Post by SvnLyrBrto · · Score: 2, Insightful

      > legitimate and competent

      Really? So harassing someone and stealing their kit in the airport is "legitimate and competent"?

      If someone *really* wanted to smuggle "illegal" data of some kind into the country, they wouldn't be daft enough to travel with it on their laptop. They'd encrypt it and email it to themselves; or upload it to a cloud storage service, or have a file server of their own to FTP it into; or dump it into some random usenet group; or any of probably a dozen other ways to move data without physically carrying anything incriminating with them. The fact that this is lost on these thugs kind of blows "competent" out of the water.

      That just leaves "legitimate". And I guess that depend on whether or not you believe in the fourth amendment to the constitution or not.

      --
      Imagine all the people...
    33. Re:First Post by vtcodger · · Score: 4, Funny

      ***They are all under the umbrella of the Department of Homeland Security whose core mission is to annoy, harass, and humiliate law-abiding citizens while letting the crooks slip through the cracks. ***

      Very dubious. The DHS clownshow shows little sign of being competent enough to identify crooks well enough to let them through. Sleep well tonight, terrorists have exactly the same chance of being harassed by the DHS as anyone else.

      --
      You can't see ANYTHING from a car, You've got to get out of the goddamned contraption and walk...Edward Abbey
    34. Re:First Post by hairyfeet · · Score: 0, Flamebait

      Hey moron mods, name ONE fucking thing in the above post that is a "troll". look up "US Government VS Wikileaks" to see how many millions and man hours have been wasted on the "evil hacker" to see first hand what the US government thinks of anyone with that title. Did you forget the Russian that couldn't even present at a conference because he would have been imprisoned for making "hacker tools"? Apparently so, as the US government has had a loooong history of hatred for anyone labeled hacker, going back to Kevin Mitnik.

      As for the second, please explain how in the fuck you get labeled a "white hat" for showing up at black hat conferences and showing everyone how to MITM SSL? This guy is NOT CONTACTING the designers first and warning them like Kaminsky did, which makes him a black hat in mine and most others books. This "white hat" label is total bullshit made to make us feel sorry for another "penetration tester" which if you have ever worked security is about as wanted as crackheads to "test" your building by throwing rocks at the windows and trying to kick down your doors.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    35. Re:First Post by interval1066 · · Score: 1

      "I found it to be a long waste of time and the people to be a bit clueless....."

      I'm still trying to understand how border security is enhanced by searching a hard drive when if I want to get "illegal" information somewhere I could just email myself.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    36. Re:First Post by Anonymous Coward · · Score: 0

      So your definition of "white hat" only includes people that follow the "responsible disclosure" rules. That's fine and all, but it's not necessarily the only possible definition. For a lot of people, "full disclusure" and "no exploiting" is enough for beeing considered a "white hat". If he were a black hat, he'd keep his tools for himself and made $$$ either selling the exploits or robbing other people.

    37. Re:First Post by Anonymous Coward · · Score: 5, Funny

      This gives me the idea of building a slightly custom drive. It's not hard to do, really; remove the platters and there's plenty of space inside, then just put a cable to the outside controller board, concealed under it. The first idea that comes to mind is a drive that happily accepts all write and erase commands, yet presents a read-only filesystem.. say, with a troll image.. or better yet a *different* filesystem each time it's powered. Have fun imaging that. If you want writable storage, it could do a straight log of what the intrusive party did to the drive. The technology is near identical to current hybrid hard drives.

    38. Re:First Post by TheLink · · Score: 3, Interesting

      Uh, I don't know about you, but I would prefer to keep possession of my OTHER computer equipment. If you haven't realized already the authorities in most countries can seize "everything" given a good enough excuse.

      When they figure out the truth, they could pretend to take you way more seriously than you ever want. And you would have given them the paperwork to cover their asses for it.

      Perhaps you can do what you propose, then the rest of us can discuss the resulting story on Slashdot.

      --
    39. Re:First Post by Anonymous Coward · · Score: 1, Interesting

      I have a 4GB SSD that I replaced from my Netbook. It would be cool to take the platters from a 3.5 in. HDD, put that inside and use the extra space to smuggle small objects across the border. When they hook it up to examine it, it would function. Maybe put the portable apps collection on it to make it seem convincing to carry around.

    40. Re:First Post by Naturalis+Philosopho · · Score: 2, Interesting

      Call me paranoid, but either U.S. Customs/DHS is totally stupid, or smuggling data into the country physically is the only way to get it in without being noticed nowadays. Has anyone looked into the possibility that Echelon and it's progeny might be active after all? Maybe the NSA can, to a high degree of confidence, wade though all online data traveling across the U.S. backbones. If they can't, and it's really that easy to get data into the U.S. via the 'Net, then the searches of the laptops are either A) only a good way to catch the two people too dumb not to keep their drug kingpin boss's accounts in quickbooks, or B) so incredibly daft that it's mind-blowing. Or, to take it to the next level of crazy paranoia, they want us to think that we have to send data over the interwebs to get it "past customs" so they can slurp it all up into their giant multi-petaflop interweb analyzer.

      I'd love to see statistics on how many prosecutions have resulted from border-laptop-searches. Unfortunately, I think the dumb answer is probably correct.

    41. Re:First Post by JonJ · · Score: 0

      Fire brigades?

      You mean those fine people who watched a persons house burn down earlier this year? Yeah, a fine collection of firefighters those were.

      --
      -- Linux user #369862
    42. Re:First Post by drsmithy · · Score: 1

      I'm still trying to understand how border security is enhanced by searching a hard drive when if I want to get "illegal" information somewhere I could just email myself.

      Because a) most criminals aren't very smart and b) email (or anything similar) is not always a viable option if your filesizes are large and your connectivity slow.

    43. Re:First Post by drsmithy · · Score: 1

      If someone *really* wanted to smuggle "illegal" data of some kind into the country, they wouldn't be daft enough to travel with it on their laptop. They'd encrypt it and email it to themselves; or upload it to a cloud storage service, or have a file server of their own to FTP it into; or dump it into some random usenet group; or any of probably a dozen other ways to move data without physically carrying anything incriminating with them. The fact that this is lost on these thugs kind of blows "competent" out of the water.

      I think you dramatically overestimate the intelligence of the average "criminal".

    44. Re:First Post by CarpetShark · · Score: 2, Funny

      "Next time, take a broken hard drive with you. That will give them a challenge. :-)"

      They'll probably just think it's one they've already processed.

    45. Re:First Post by JamesP · · Score: 2, Funny

      or better dd if=/dev/urandom of=/dev/sdb bs=512

      try decrypting THAT

      --
      how long until /. fixes commenting on Chrome?
    46. Re:First Post by Jarik+C-Bol · · Score: 1

      true, but swallowing a thumbdrive is usually the next option on the list from what i understand, not 'carrying a large HDD in my luggage'
      Either way, smuggling data on physical media is kind of retarded.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    47. Re:First Post by Suzuran · · Score: 3, Insightful

      Oh, this is easy! We'll just beat you with this rubber hose until you give up the key.
      The beatings shall continue until the key is revealed!

    48. Re:First Post by Broken+scope · · Score: 1

      Because they refused to pay for fire protection, up until their house was on fire?

      OLOLOLOLOLOLOLOLOLOLOLOLOLO

      One fire department does something that is ethically questionable, but totally legal and not actually related to their competency, therefor all fire departments are incompetent.

      --
      You mad
    49. Re:First Post by Anonymous Coward · · Score: 0

      We're not talking about the average "criminal". We're talking about the small niche of criminals who might be in possession of illegal electronic data. Computer criminals...

      Frequently people whose crimes involve computers consider encryption to be a question of professional standardd.

    50. Re:First Post by kainosnous · · Score: 1, Troll

      Reporting vulnerabilities is a lot different than making software to exploit them. Certainly, finding vulnerabilities is whitehat work, but there is a process to go through to make a reasonable attempt to make product vendors aware of flaws before releasing tools to exploit them. My point, however, is that rather than just presenting him as an ordinary guy, they chose to portray him as a "Whitehat Hacker". With all the misinformation on what a Hacker is, I think we should use a little more discretion. I propose that it may be his travel that sparks interest, and not just his vocation.

      --
      There are 10 commandments: 01)Thou shalt love the Lord Thy God 10)Thou shalt love thy neighbour as thyself.Matt22:34-40
    51. Re:First Post by anomaly256 · · Score: 1

      I seems to me that any criminal, no matter how petty, is smarter than the officials empowered to catch him. Sad but true.

    52. Re:First Post by GameboyRMH · · Score: 5, Informative

      As for the second, please explain how in the fuck you get labeled a "white hat" for showing up at black hat conferences and showing everyone how to MITM SSL?

      Black hats don't hold conferences (in meatspace). There's just a conference called Black Hat which, by the nature of information from the conference being made public, is actually a white hat conference. It actually started out as something closer to a true black hat conference but of course that didn't last long.

      Black hats have their conferences in various chat rooms and forums. When they meet, you don't know about it.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    53. Re:First Post by anomaly256 · · Score: 1

      I think you underestimate the intelligence pf the average "/computer/ criminal"

    54. Re:First Post by anomaly256 · · Score: 1

      'of', even.

    55. Re:First Post by redbeard55 · · Score: 1

      WTF does this have to do with asking for his password: "Furthermore, he was being searched by customs after returning from a know drug smuggling point" Did he digitally encrypt drugs onto his hard drive? Have a dog sniff the thing. If they want to search data they ought to have a warrant, i.e., reasonable suspicion.

    56. Re:First Post by GameboyRMH · · Score: 1

      LOL GP's post is hilarious! A bunch of libertarians complain about having to pay for a fire service, so the law gets changed so they don't. Some dumb libertarian doesn't pay his fire service taxes ('CUZ TAXES IS THEFT!), and when they let his house burn down, it's the government's fault and the latest example of the uselessness of government. HAHAHAHAHA personal responsibility my ass! XD

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    57. Re:First Post by hedwards · · Score: 1

      That's debatable. Customs is there to stop undesirables from coming into the country as well. Every country has their interests. Canada won't allow people in that have been convicted of a DUI, IIRC, we won't let people back in that have been deported for violating our immigration requirements.

      Not that it's a valid reason, but I suspect the reason for the searches, at least on paper, is to try and catch people smuggling in child porn or things of that nature. It's dumb and they just catch the low hanging fruit, but I suspect that's what they're trying to accomplish.

    58. Re:First Post by hedwards · · Score: 3, Funny

      Say, you're not one of those people that visits inmates in prison and acts suspicious on the way in just for the free anal probing are you?

    59. Re:First Post by hedwards · · Score: 3, Interesting

      Actually, you might try rigging up a USB adapter for those old RLL disks and then just using an RLL drive mailing the adapter to you at home. Let's see how long it takes them to figure out how to access that data. Or better yet, you'd be limited to a minute amount of data, but those old 8" floppy disks have to be hard to read these days.

    60. Re:First Post by demonlapin · · Score: 1

      Not part of the federal government. Not even part of state government. That's local, if it's part of government at all - in most rural areas, fire service is from volunteers only.

    61. Re:First Post by Nursie · · Score: 2, Informative

      I don't really agree on the difference.

      If there's a tool to exploit the problem then companies using SSL/TLS/whatever can see a clear and present danger.

      If someone publishes a vulnerability it's easy to write it off as theoretical and we're back to the situation where black-hats can exploit things.

    62. Re:First Post by cerberusss · · Score: 2, Funny

      or better dd if=/dev/urandom of=/dev/sdb bs=512

      try decrypting THAT

      YOU FUCKER! THAT COMMAND OVERWROTE MY WINDOWS PARTITION!

      --
      8 of 13 people found this answer helpful. Did you?
    63. Re:First Post by saxoholic · · Score: 1

      Obligatory: http://xkcd.com/538/

    64. Re:First Post by Technician · · Score: 1

      Maybe they didn't intend to write to the drive, but due to an earlier drive, have a nasty infection. I would not trust anything on the drive. Start with it being a non-bootable secondary drive, then low level format it, partition it, high level partition it, wipe it overwriting everything, than I might trust it.

      --
      The truth shall set you free!
    65. Re:First Post by russotto · · Score: 1

      Start with it being a non-bootable secondary drive, then low level format it, partition it, high level partition it, wipe it overwriting everything, than I might trust it.

      It hasn't been possible to low-level format a drive in the field for years.

    66. Re:First Post by CohibaVancouver · · Score: 1

      Either way, smuggling data on physical media is kind of retarded.

      Yes and no. If the data is 'in the cloud' there's a risk that it could be sniffed by someone else. If you copy your smuggled data onto physical media and keep it on your person then no one can sniff it. It's similar to mailing yourself a packet of confidential papers as opposed to hanging onto the papers yourself.

    67. Re:First Post by Anonymous Coward · · Score: 0

      Metrics... miscreants discovered per unit throughput.

    68. Re:First Post by Anonymous Coward · · Score: 1, Insightful

      Regardless of how long it takes, there is no reason to search laptops at the border. Anyone truly interested in slyly transmitting data across the US border would never be foolish enough to accompany said data on the trip.

      You would be surprised. Most criminals aren't that bright. Fingerprints have been commonly used for more than a century, and yet many criminals aren't smart enough to wear gloves.

    69. Re:First Post by couchslug · · Score: 1

      "After all, nobody would go there to experience the culture, the cuisine, or the wide, sandy, sun-drenched beaches."

      Doing all that doesn't exclude playing drug mule.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    70. Re:First Post by Culture20 · · Score: 2, Interesting

      I would suggest entering (or exiting the US), have nothing on your HD/SSD but an OS with a few games/media player and a phone that empty and can be used once for a short time. In that case, why carry a computer and phone at all?

      To complete the ritual. No one hides daggers in sleeves any more, but we still shake hands as a greeting.

    71. Re:First Post by Shakrai · · Score: 3, Funny

      So why are you complaining? ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    72. Re:First Post by Anonymous Coward · · Score: 0

      ...and nothing of value was lost

    73. Re:First Post by cbiltcliffe · · Score: 1

      or better dd if=/dev/urandom of=/dev/sdb bs=512

      try decrypting THAT

      YOU FUCKER! THAT COMMAND OVERWROTE MY WINDOWS PARTITION!

      No, it didn't. It just encrypted it. :)

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    74. Re:First Post by maztuhblastah · · Score: 1

      Actually, why would customs mount the drive in a way that it could be modified at all? It seems like if they can modify it, anything they found would be tainted.

      Because your average customs/DHS schmo has as much grasp of computing as he does of theoretical particle physics.

    75. Re:First Post by Scrameustache · · Score: 1

      Once again, Customs is a legitimate and competent part of the government. The TSA is neither.

      Competent? Oh, well, yeah, there was that y2k bomb that customs found at the border... ok, I'll grant you that.

      --

      You can't take the sky from me...

    76. Re:First Post by Glonoinha · · Score: 1

      Dude calm down. This will fix it :
      debug < G=C800:5

      (Protip : Google random shit you find in a message thread before typing it on your computer.)

      --
      Glonoinha the MebiByte Slayer
    77. Re:First Post by Anonymous Coward · · Score: 0

      You were modded troll because your definition of a white hat is trolling. People disclosing vulnerabilities in public at respected conferences for the purposes of informing people about those vulnerabilities, to pressure positive change, are not blackhats.

    78. Re:First Post by zakeria · · Score: 1

      do they present you with a search warrant? Any authority needs a warrant to even read somebody's paper mail so why is this different for data?

    79. Re:First Post by NotBornYesterday · · Score: 1

      To give Customs something to do, obviously.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    80. Re:First Post by NotBornYesterday · · Score: 1

      Did he digitally encrypt drugs onto his hard drive? Have a dog sniff the thing.

      They obviously need to decrypt the drugs before the dogs can detect them.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    81. Re:First Post by camperdave · · Score: 2, Insightful

      "After all, nobody would go there to experience the culture, the cuisine, or the wide, sandy, sun-drenched beaches."

      Doing all that doesn't exclude playing drug mule.

      You don't need a password to extract drugs from a hard drive.

      --
      When our name is on the back of your car, we're behind you all the way!
    82. Re:First Post by LifesABeach · · Score: 1

      What is DHS's motivation? What kind of person allows themselves to be sexually humiliated in public? Other than me, of couse. What kind of government department would create an environment that says, "I don't believe you! Demonstrate your innocence!" And I Do Not have to pay the woman screaming this at me afterwards? I hope that the new Congress does not classify these minor fetishes under the umbrella of "Entitlement Programs."

    83. Re:First Post by Anonymous Coward · · Score: 0

      X-Rays?

    84. Re:First Post by lgw · · Score: 2, Interesting

      What makes you think that something presented at Blackhat isn't after 90 days notice to the developer? That's often the case - the threat of revelation after some fixed time provides some minor incentive to care about the vulnerability.

      But even if not, it merely starts a race between the app developer and the exploit developer. In the case of some popular open-source app, the app developers would win the race (because they care, and know the code better). Not the best approach, but far nicer than selling the vulnerability to organized crime and staying quiet about it!

      --
      Socialism: a lie told by totalitarians and believed by fools.
    85. Re:First Post by russ1337 · · Score: 1

      Either way, smuggling data on physical media is kind of retarded.

      Yes and no. If the data is 'in the cloud' there's a risk that it could be sniffed by someone else. If you copy your smuggled data onto physical media and keep it on your person then no one can sniff it. It's similar to mailing yourself a packet of confidential papers as opposed to hanging onto the papers yourself.

      One word: Truecrypt

      encrypt the blob before it is stored in the cloud. Use a keyfile

    86. Re:First Post by Anonymous Coward · · Score: 0

      I suggest you burn that hard drive. No telling what they put on it.

    87. Re:First Post by Anonymous Coward · · Score: 0

      Yeah because it is SO fucking helpful to broadcast it to the whole fucking world without even giving the developer s single fucking day to fix it!

      Unless the software was written yesterday, said developer has already had many, many days to fix it, I guess. (Or perhaps he had many, many days to read Dijkstra on the rigor necessary to properly develop safe applications.)

    88. Re:First Post by tombeard · · Score: 1

      Just encrypt it and post to alt.anonymous

      --
      The reason we subjugate ourselves to law is to better procure justice. If law does not accomplish this purpose then it m
    89. Re:First Post by hairyfeet · · Score: 1

      So it is YOUR FAULT when I kick down your door and robbed your house, because you should have had better security! Notice how that total horseshit don't sound so fucking good when applied to meatspace? because it is complete bullshit and just by adding "On the Internet!" doesn't make it any less right. I personally will be damned glad when the USA government starts holding these "penetration testers" to the same laws everyone else has to live under. I repeat if he didn't even give 30 days notice his ass needs to be in jail.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    90. Re:First Post by falconwolf · · Score: 1

      Other than their recently uncovered fetish for porn the intention of customs is good.

      What is that intention? To stop the importation of drugs which should not have been made illegal to begin with?

      Falcon

    91. Re:First Post by BitterOak · · Score: 3, Interesting

      It is _trivial_ to transmit data undetected into the US (nice to meet you, internet. how long have you been there?); what justification is there for searching laptops in the first place?

      But you have to transmit the data to something. One of the things they look for when searching a laptop are clues as to which server systems you've been logging into. If they see by your browser history, for example, that you regularly visit hotmail.com, you'll probably be asked to log into your e-mail account so they can look for things there. If they don't find too many documents on your computer, they'll ask where you store them and have you log in there, as well. So, while the laptop might not contain the illegal data, it might contain clues as to where the Customs officers may find them.

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    92. Re:First Post by BitterOak · · Score: 1

      Next time, take a broken hard drive with you. That will give them a challenge. :-)

      The greater the challenge for them, the longer the wait for you...

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    93. Re:First Post by Culture20 · · Score: 1

      they let his house burn down,

      They watched his house burn down. They didn't not come out. They were there, could have acted, but chose not to.

      it's the government's fault and the latest example of the uselessness of government.

      it's an example of the evil inherent in beuracracy. The poor guy pleaded and begged for them to accept any amount of money or back taxes to point the hoses at his house instead of his neighbor's yard. The law was clear. The rules uncaring. The firemen evil.

    94. Re:First Post by Anonymous Coward · · Score: 0

      I'm willing to donate up to $500 to develop this if other people are too...

      One thing though.... my version needs to accept a standard power coupling, but with reversed polarity. Put a few xeners in it or whatever. If juice flows the wrong way, the drive should visibly melt down/explode, so they can be sued for the damage to property caused by their defective equipment.

      Of course, since they'd never admit to that and would claim they just couldn't return it--it'd need a couple of special metals and a bit of magnesium to hot weld it to the equipment in question and utterly ruin it...

      Alternately, a version that causes it to charge up a very large capacitor connected to the metal plates on the outside of the drive is also acceptable... ever build one of those books that dumps charge through a leaf spring when you open it?

    95. Re:First Post by Anonymous Coward · · Score: 0

      Wow, i'll never try to recover any HD from now on... I'll just fly over to the US and have these goons "recover" them for me.

    96. Re:First Post by sumdumass · · Score: 1

      They most likely connected it to something to see that it was empty. Instead of taking it apart to ensure that nothing was hiding inside the drive and possibly ruining it in the process (it's common to hollow things out and stuff crap inside them), they likely took the Write Blocking off and wrote something to see if it could be retrieved.

    97. Re:First Post by sumdumass · · Score: 2, Informative

      It's not different for your data, it's different because of where it is at.

      The courts have long held up the idea that the US government can as being a necessary a right of sovereignty, control what enters the country and this right allows searches at the borders and ports of entry. This sentiment is also shared by our founding fathers insomuch as they created and passed into law, the very first warrant-less search at the border (or port of entry) in the second session of the very first congress of the United states.

      BTW, even the US mail is allowed to be searched/read when it comes in from another country. Well, in certain circumstances that is. There are some restrictions written into postal code (a portion of US law) but the courts support not having those protections at all.

    98. Re:First Post by Anonymous Coward · · Score: 0

      Then run around accusing them of breaking it...
      should be good for another hour at least (or until they decide to blow it up ala the Israelis method of dealing with people they don't like)

    99. Re:First Post by Anonymous Coward · · Score: 0

      Now what did I do with the HDD that FRIED my friends computer...

    100. Re:First Post by qubezz · · Score: 1

      Regardless of how long it takes, there is no reason to search laptops at the border.

      However, courts have ruled that no reason is even needed:

      On April 21st (2008), the Ninth Circuit held in United States v. Arnold that the Fourth Amendment does not require government agents to have reasonable suspicion before searching laptops or other digital devices at the border, including international airports. Customs and Border Patrol are likely to use the opinion to argue that almost every property search at the border is constitutionally acceptable.

      The point is correct though. At US customs inside the US, the electronic device has already been inspected and allowed on a plane by the airport security theatre at the port of origin. Apart from determining if import tax needs to be paid on the electronic device, there is no legitimate reason for customs to be mounting and duping hard drives (and demanding passwords - which is NOT allowed, but they still browbeat travelers into thinking it is). This is pure Gestapo in the US.

      So in conclusion, the secret state police will detain US citizens and their devices when crossing the border through the 'lawless zone', with no reason needed. If you have nothing to hide, you'd still better encrypt every bit on the drive against a random one-time pad hard drive (that has never crossed a border, is secure while you are abroad, and completely zero-wiped upon your return), and replace some surface-mount components on your hard drive's circuit board with dummies so it won't fire up for goons at the border.

    101. Re:First Post by RockDoctor · · Score: 1

      this is all about his friend who works with Wikileaks and the US government. Nothing to do with the TSA.

      The TSA aren't a branch of the US Government?

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
    102. Re:First Post by riverat1 · · Score: 1

      I don't know about that. I'm mostly not disagreeing with you because if you have no ulterior notions your way is the way to do it.

      But if you're a terrorist or a spy, etc. you may not want to trust your files to the internet. After all, I don't think any packets transmitted over the net are truly private. Any government with sufficient interest and resources can inspect just about anything that comes within their reach. So it might be too much of a gamble for some which means the best chance of catching them is to check at the border.

    103. Re:First Post by Nyder · · Score: 1

      Next time, take a broken hard drive with you. That will give them a challenge. :-)

      ooh, great idea, i have some harddrives that don't boot up anymore, maybe they'll fix them for me to get at the data...

      --
      Be seeing you...
    104. Re:First Post by GameboyRMH · · Score: 1

      Just think of the government's fire service like a private health care company, maybe then you'll see things differently.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    105. Re:First Post by GameboyRMH · · Score: 1

      Oh and they came out to protect the idiot's neighbor's houses BTW. Houses of people who paid their fire service taxes.

      --
      "When information is power, privacy is freedom" - Jah-Wren Ryel
    106. Re:First Post by Opportunist · · Score: 2, Insightful

      I do not store my documents on my laptop. I store them on my server at home. Log into it? From remote? Can't do that, I'm sorry. I don't need my documents on this trip, to why should I have to access them?

      Your turn.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    107. Re:First Post by DrLang21 · · Score: 1

      Professionals crossing the border would simply store their data in a hidden encrypted partition or store it on a flash drive tied up in a condom and stored in their rectum. Both methods elude the new strip search machines and TSA molestation.

      --
      I see the glass as full with a FoS of 2.
    108. Re:First Post by riverat1 · · Score: 1

      Yes, there are lots of ways of circumventing detection, my main point was if you've got something to hide the internet may not be the safest way to transmit the information.

    109. Re:First Post by Thomas+Shaddack · · Score: 1
      Easier. ATA specs support Host Protected Area. Set it properly and you can store data in there, without it being easily visible. Another trick of ATA specs is the password; the disk itself can be set inaccessible. (I assume it can be broken through in a lab easily, but I don't think a customs drone will be able to do anything with that.) As a cover story, claim the disk is damaged and you are hired to find if you can recover the data.

      The fun described in the parent post can be also implemented by altering the drive's firmware. An open-source disk drive, now *that* would be a fun thing to have!

    110. Re:First Post by Anonymous Coward · · Score: 0

      Customs are not TSA.

      Fuck that shit -- them bastards all pee in the same pot.

    111. Re:First Post by Anonymous Coward · · Score: 0

      You don't think that is overstepping the mark a little? You just went from searching a physical device you brought through customs, to searching data on an online service which has arguably never left the country.

    112. Re:First Post by toddestan · · Score: 1

      Fine. You can just go sit over in that small room until you either give up the passwords or I feel like letting you go.

      Your turn.

    113. Re:First Post by Coren22 · · Score: 1

      Customs is tasked with preventing the import of items deemed illegal. Why is someone smuggling drugs any different then someone smuggling child porn? This is what they are supposably looking for when they ask for the passwords to encrypted vaults. In their eyes, they are just asking for the keys to your luggage, it is just that the luggage in this case is a vault on a hard disk.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    114. Re:First Post by airdweller · · Score: 0

      Next time, take a broken hard drive with you. That will give them a challenge. :-)

      Are you sure they won't just fix it and find some porn on it? :)

    115. Re:First Post by Anonymous Coward · · Score: 0

      bash: G=C800:5: No such file or directory

    116. Re:First Post by JonJ · · Score: 1

      Just think of the government's fire service like a private health care company, maybe then you'll see things differently.

      Why would you do that? Fire, healthcare, police etc. are the governments responsibility.

      --
      -- Linux user #369862
    117. Re:First Post by uolamer · · Score: 1

      Got me. I can only guess what they were thinking and doing. I brought the drive with me to bring my friend about 1TB of... Well lets just say the *IAA wouldn't have liked what it was. Once we copied it to his drives I left one of those programs going to overwrite sectors, because I am paranoid. Before I left I just did a quick format NTFS.

      My guess is they hooked it up, saw that all that was on (or at least visible) was a fresh NTFS partition. If they did a lower level scan it would have been gibberish. I assume they did that as a last resort to destroy what could have been a hidden file system, etc. I just found it interesting they had wrote anything to the drive at all. I looked at the stuff in a hex editor, seemed to be just random junk best I could tell, which made sense.. I quick formatted it again and kept using the drive..

      --
      s/©//g
    118. Re:First Post by Hal_Porter · · Score: 1

      Interesting moderation on this post

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Flamebait (-1).

      It is currently scored Flamebait (0).

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Informative (+1).

      It is currently scored Informative (1).

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Troll (-1).

      It is currently scored Troll (0).

      A user had given a moderation of Troll (-1) to your comment, Re:First Post, attached to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized. That moderation has now been undone, probably due to the user posting in the discussion after moderating in it. Your comment is currently scored Flamebait (1).

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Funny (+1).

      It is currently scored Funny (2).

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Funny (+1).

      It is currently scored Funny (3).

      A user had given a moderation of Funny (+1) to your comment, Re:First Post, attached to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized. That moderation has now been undone, probably due to the user posting in the discussion after moderating in it. Your comment is currently scored Informative (2).

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Interesting (+1).

      It is currently scored Interesting (3).

      Re:First Post, posted to Whitehat Hacker Moxie Marlinspike's Laptop, Cellphones Seized, has been moderated Funny (+1).

      It is currently scored Funny (4).

      Well I feel like I've achieved something - the hivemind was clearly very confused by this post.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    119. Re:First Post by Opportunist · · Score: 1

      Here's the passwords. Too bad they don't help you because you do not have access to the files in the first place. My computer at home does not allow remote log in. Not from you, not from me, not from anyone. I declare under oath that the passwords I give you are the current passwords to my machine at home, but you just cannot access it because the router does not let you in and it refuses to be reconfigured from outside the network.

      Whether and how long you hold me in your prison cell does not change technical realities.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  2. 4th by drumcat · · Score: 5, Insightful

    I'm still not sure how this doesn't violate the Fourth Amendment. Customs has the right to view your belongings for *safety* reasons, and to ensure that the items you are carrying are not contraband. Does code constitute contraband now? Can you be arrested for having code on your machine? I'm not talking about copyrighted, installed programs.... if something is encrypted, isn't that the same as having a secret in your mind? You know they dumped his drive, but the main question is whether they're allowed to. Isn't that stealing from the passenger then?

    1. Re:4th by Barrinmw · · Score: 5, Insightful

      What you want to do is to have something you copyrighted on your laptop, so if they copy your hard drive you can sue them for copyright infringement.

    2. Re:4th by cheekyjohnson · · Score: 2, Insightful

      "I'm still not sure how this doesn't violate the Fourth Amendment."

      You think the government or its workers still abide by that silly old piece of paper known as the constitution when they can get away with not abiding by it? That's funny.

      "isn't that the same as having a secret in your mind?"

      An unreadable but visible secret.

      "Isn't that stealing from the passenger then?"

      It would only be stealing if he was deprived of something.

      --
      Filthy, filthy copyrapists!
    3. Re:4th by LearnToSpell · · Score: 4, Insightful

      Like email?

    4. Re:4th by Anonymous Coward · · Score: 1, Informative

      This has been litigated to death, and searches at the border, essentially without limit, have been deemed reasonable. Indeed, for a little bit inside the border, the same applies.

    5. Re:4th by cheekyjohnson · · Score: 2, Insightful

      " essentially without limit, have been deemed reasonable."

      Deemed reasonable by the constitution or just some judges who like to 'interpret' the constitution as they please?

      --
      Filthy, filthy copyrapists!
    6. Re:4th by Barrinmw · · Score: 2, Interesting

      If the government had to build giant platforms 10 miles out to sea and require all people entering to stop there before coming into the country so their stuff could be inspected, they would. The courts give them some leeway as a nod to the fact that would be ridiculous for people trying to come in.

    7. Re:4th by Anonymous Coward · · Score: 0

      Oh, please. The constitution is a set of principles, which laws are then written to implement. I'm no fan of the federal government (I think they have whole agencies that are not allowed under the federal constitution), but your expectation that every last detail - indeed, in anticipation of every last future development - be in the constituion is absurd. Do you really expect the founding fathers to have anticipated computing devices that can encrypt data? And to put that sort of thing in the constitution? Get real.

      You must be European, because you seem to be coming from the point of view of expecting the law to capture every possiblity. Here in the US (and England) we rely more on common law - yes, judges.

    8. Re:4th by theMAGE · · Score: 2, Insightful

      Why would those giant platforms not become US territory and be subject to the same laws as the mainland?

    9. Re:4th by Barrinmw · · Score: 2, Funny

      Cause the government would pay someone to live on each one and we would recognize them as a sovereign nation.

    10. Re:4th by VortexCortex · · Score: 2, Informative

      This has been litigated to death, and searches at the border, essentially without limit, have been deemed reasonable. Indeed, for a little bit inside the border, the same applies.

      Here, in the USA, "a little bit" means 100 miles (160.9 kilometers) inside the border... 2 out of 3 Americans live within 100 miles of the border; No, it does not matter if you have crossed the border or not many of your constitutional rights are null and void in this zone.

    11. Re:4th by fyngyrz · · Score: 5, Informative

      Do you really expect the founding fathers to have anticipated computing devices that can encrypt data? And to put that sort of thing in the constitution?

      No, the authors of the constitution didn't anticipate everything. But they anticipated quite a bit, and that includes unanticipated technology and social issues. In order to give the government the ability to deal with change, the constitution contains article V, which is the portion that outlines the procedure for amendment. Excepting amendment, they expected the constitution to be followed. Not "interpreted."

      Our government, however, has fiddled its way into a situation where it does whatever the heck it wants. Make no law? Let's make some law!!! No state religion? Let's print Christian stuff on the money, carve it into buildings, sing it in the anthem, and best of all, use it in the courts for swearing... that'll teach 'em. Shall not infringe? Yay, let's infringe! Regulate among the states? Let's regulate IN the states! No ex post facto laws? Oh *heck* no, we GOTTA make those! Enumerated powers? Nah, let's just do anything we want, the heck with that! Warrants to search? Um... only in the interior of the country. And even then, maybe not. Probable cause? That's the same as "We like to grope", isn't it? Sure! No double jeopardy? Oh, that's easy, we'll just toss them back and forth between the criminal and civil court systems, they'll never figure that one out! Trial by jury? Same as "Lock in closet indefinitely, no lawyer, no phone call, innit?" Cruel and unusual punishment... yeah, what was that awesome torture we hung the Axis defendants for using at the war crimes trials? Oh yeah, water-boarding... let's do THAT! (and let's not forget we have rendition to play with, either.) Excessive bail shall not be imposed... heck with that, we'll ask whatever we want! Powers reserved to the states? Bwahahahaha. Oh, and the article III kicker... judicial power in constitutional cases: nah... let's just Make Stuff Up and skip that whole article V inconvenience.*

      (*) It should be noted that the USG has steadfastly avoided violating the 3rd amendment, and should certainly be commended for its restraint in this matter.

      Here in the US (and England) we rely more on common law - yes, judges.

      Here in the US, we have government that has usurped powers far outside the explicitly authorized bounds. And that most certainly includes the judiciary.

      In the end, it turns out that what the authors of the constitution wrote matters very little in our current legal system, because that document is treated by the government as barely relevant at this point in time, and even at that, only when it is convenient. Otherwise they ignore it, make things up, or simply plow ahead regardless.

      --
      I've fallen off your lawn, and I can't get up.
    12. Re:4th by slack_justyb · · Score: 0, Flamebait

      You're at a border fourth amendment doesn't apply. I know a lot of people who don't like that idea. My suggestion is any one of the following, 1) Don't leave the country. 2) Don't return to the country. 3) Sneak your way in/out of the country. America's borders have gone to shit. Every in the country is pissed about illegal border crossers and the government is putting pressure on the border agents to do something about it, so they have, piss every single person off to the point that I don't think I'll ever pay the outrageous fee for crossing the American border.

    13. Re:4th by fyngyrz · · Score: 5, Interesting

      The courts give them some leeway as a nod to the fact that would be ridiculous for people trying to come in.

      The courts, in point of fact, allow warrentless searches anywhere within 100 miles of the border, regardless of if you are, were, or ever planned to traverse the border. 190 million US citizens live within this region. Also, it is worth noting that the "4th amendment border exclusion" principle appears nowhere in the constitution. It's invented, unauthorized law. If they wanted it, the legitimate path to it was through article V. Consequently, it represents (yet another) usurped power.

      --
      I've fallen off your lawn, and I can't get up.
    14. Re:4th by ScrewMaster · · Score: 1

      The constitution is a set of principles, which laws are then written to implement

      No, I'm pretty sure the Constitution is a set of rules, indeed an enumeration of what powers the Federal Government may have ... and which it may not. The rest of those powers are reserved for We the People. You should get used to the phrase "Congress Shall Make No Law ...". It will give you an idea that the Constitution is not, and was not ever, intended to be a mere set of "principles."

      Your cavalier attitude towards the Supreme Law of our Land is a major part of why things have been going from bad to worse lately.

      --
      The higher the technology, the sharper that two-edged sword.
    15. Re:4th by WhoseSideAreWeOn · · Score: 1

      It would only be stealing if he was deprived of something.

      I think the RIAA & MPAA might disagree with that statement.

    16. Re:4th by HiThere · · Score: 2, Interesting

      A *LITTLE* bit inside the border? Think again.

      I believe that it's anywhere within 200 miles of either the border or of an airport at which international flights land. (Or, of course, a port at which international shipping docks.)

      That covers most of the population.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    17. Re:4th by Anonymous Coward · · Score: 5, Funny

      The encrypted material might have contained something hazardous like a Uwe Boll movie. The risk of one of those being released to the public far outweighs any privacy or Constitutional concerns. Memories of House of the Dead and Bloodrayne still make me wake up in a cold sweat. Just imagine one that was considered unreleasable. Terrorist can kill thousands but a Uwe Boll movie can injure millions, or at least the hundreds that actually see them.

    18. Re:4th by Thinboy00 · · Score: 1

      (*) It should be noted that the USG has steadfastly avoided violating the 3rd amendment, and should certainly be commended for its restraint in this matter.

      This is false (unless "USG" specifically means the Federal government -- I would argue that state governments are just another level of the U.S. Gov't)

      ObTopic: Demanding passwords is evil!

      --
      $ make available
    19. Re:4th by ScrewMaster · · Score: 5, Insightful

      Do you really expect the founding fathers to have anticipated computing devices that can encrypt data?

      And furthermore, there's a reason that the Founders didn't try to enumerate specific communications technologies: they figured (apparently incorrectly, given your statements) that we would be able to logically extend our legal system to accommodate new technology, without requiring the citizenry to give up hard-won civil liberties as enshrined in the Constitution. It looks like some people are just unable to grasp that "personal papers and effects" might, I mean, just might, include a personal computer, and that that would indeed be in the spirit of the Constitution.

      Do you really, in your heart of hearts, believe that the Founding Fathers, if they were alive today, would consider a hard drive full of a citizen's personal and confidential files to be in any way less deserving of the same legal protections afforded someone's wallet or their file cabinet? Do you really? Or are you one of these people who believes that the government should have the right to snoop into anyone's private business, for any reason, because they might have something to hide?

      Spare me. This artificial dichotomy that is being presented to us by the government, that the "Internet" and "computing" are so intrinsically different from printed materials that the Constitution some how magically doesn't apply is disingenuous at best, treasonous at worst.

      --
      The higher the technology, the sharper that two-edged sword.
    20. Re:4th by Fallen+Kell · · Score: 1

      Or even better, have a photograph/video in a very simple crypto scheme and if/when they ask you about the meaning of it, you sue them for circumventing a copyright protection as well as copyright infringement.

      --
      We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    21. Re:4th by fyngyrz · · Score: 1

      Geeeez. See that? They couldn't even manage to leave the third alone, easy as that would have been. I looked into it further, and the case, of course, went the government's way - they got away with it 100%. Some drivel about "they didn't know, so they weren't responsible." Guess the government doesn't need to know the law in the eyes of the courts. Funny, isn't there something about us lowly citizens being supposed to?

      Ok, next time I rant on this, I'll say:

      (*) It should be noted that the USG has only violated the 3rd amendment once, and should certainly be commended for its restraint in this matter.

      --
      I've fallen off your lawn, and I can't get up.
    22. Re:4th by Wrath0fb0b · · Score: 1

      I'm still not sure how this doesn't violate the Fourth Amendment.

      There has never, since the founding of this Republic, been any understanding that searches at a border are unreasonable under the 4A. Those searches might be wrong, or privacy-violating or even fascist, but they are certainly not contrary to the 4A. See, e.g. United States v. Arnold (9th Cir. 2007), 2007 WL 1407234 ("Computer devices are conceptually no different for Fourth Amendment purposes than other closed storage containers that are subject to suspicionless searches at the border.")

      Unlike the UK, however, you cannot be jailed for failure to turn over an encryption key. http://www.theregister.co.uk/2010/10/06/jail_password_ripa/

    23. Re:4th by cheekyjohnson · · Score: 1

      Of course they do. They couldn't sue 'pirates' for those so-called 'damages' if they publicly admitted the truth.

      --
      Filthy, filthy copyrapists!
    24. Re:4th by jopsen · · Score: 2, Informative

      Everything you write is copyrighted...

    25. Re:4th by evanism · · Score: 5, Insightful

      At least the RIAA and MPAA are not grabbing my penis, fondling my beasts or rubbing their hands all over children yet.

      This airport theatre is OBSCENE, ethically and morally wrong on EVERY level.

      Those who are able to justify it makes me think they are unhinged.

      --
      Just bought a new quantum computer, but I'm uncertain how it works.
    26. Re:4th by raddan · · Score: 5, Insightful

      *ugh* giving up mod points here, because I am sick to death of hearing this "activist judge" crap.

      Go ahead: please tell us how you would enforce the 4th Amendment without "interpreting" the meaning of "unreasonable".

    27. Re:4th by QuantumG · · Score: 5, Insightful

      There's a 4th amendment exception around airports and borders.. they can search you for *no reason*. If you don't think that is fair, you're not the only one.

      Work in law enforcement, national security, or for a politician? Want someone you want searched but can't get the probable cause for a warrant? No worries, wait for them to fly, search 'em at the border and find something suspicious.. now you can search the rest of their property.

      --
      How we know is more important than what we know.
    28. Re:4th by forkazoo · · Score: 1

      (*) It should be noted that the USG has steadfastly avoided violating the 3rd amendment, and should certainly be commended for its restraint in this matter.

      This is false (unless "USG" specifically means the Federal government -- I would argue that state governments are just another level of the U.S. Gov't)

      ObTopic: Demanding passwords is evil!

      In a constitutional context like this, one would normally only be talking about the Federal government, since the US Constitution is the document that defines that Federal government, but doesn't define the state governments. There is a concept of "incorporation," but that isn't actually *written* in the constitution, so the actual applicability of it in any specific context is unpredictable.

    29. Re:4th by neight108 · · Score: 1

      I've always thought about doing this with trade secrets. Imagine if some guy with the recipe for Coca-Cola on his computer was screened by the TSA or customs.

    30. Re:4th by cheekyjohnson · · Score: 4, Insightful

      "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      I'm sorry, but I see no text there that says "this applies to all effects except those that the government decides it doesn't apply to."

      Interpreting something doesn't involve changing its original meaning completely (especially if it was clear in the first place). It involves deciding to the best of your ability what it was originally supposed to mean as closely as possible. It's not like the fourth amendment was indecipherable. It clearly explained what it was supposed to mean, and a laptop can obviously be categorized under "effects."

      --
      Filthy, filthy copyrapists!
    31. Re:4th by cheekyjohnson · · Score: 1

      "Those who are able to justify it"

      I've never heard of a person who could logically justify this treatment. Screaming "terrorism" doesn't count, either.

      --
      Filthy, filthy copyrapists!
    32. Re:4th by Anonymous Coward · · Score: 1, Insightful

      Suing the government for violating an artificial right granted to you by the very same government? Lol.

    33. Re:4th by Hognoxious · · Score: 1

      The courts, in point of fact, allow warrentless searches anywhere within 100 miles of the border

      On both sides?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    34. Re:4th by Anonymous Coward · · Score: 0

      "It would only be stealing if he was deprived of something."

      If that's how the government sees it then that also should mean that downloading movies, games, music, and software isn't stealing.

    35. Re:4th by QuantumG · · Score: 4, Interesting

      The problem is not that computers are somehow different to papers.. if you were carrying papers across the border they'd be searched too. The problem is that, for some stupid reason, there's an exception to the 4th amendment around borders.. and that got extended into airports as being "effectively borders".. even when you're not flying international..

      And what did people expect to happen? You exempt the government from honoring the 4th amendment in some "special" places that most people regularly visit.. you didn't expect them to apply common sense and decency did you?

      --
      How we know is more important than what we know.
    36. Re:4th by dougisfunny · · Score: 1

      Just to be pedantic, not quite everything. Regurgitation of facts isn't.

      --
      This is not the funny you're looking for.
    37. Re:4th by Anonymous Coward · · Score: 0

      nope ultimately it is up to the those that make the decision to send you to jail, yes far too much rests on the whim of the court.

    38. Re:4th by Anonymous Coward · · Score: 0

      Indeed, for a little bit inside the border, the same applies.

      One hundred miles (the current definition of "the border area") is not "a little bit".

      If the US is a rectangle roughly 3000 miles by 1000 miles, then that comes to 800,000 square miles, minus overlap at the corners.

      "Little bit", my asshole.

    39. Re:4th by jonwil · · Score: 1

      Wont work, there is a law (or there was one being propsed) that gives government agents (TSA, FBI etc) immunity for copyright law violations carried out in the course of their jobs.

    40. Re:4th by Anonymous Coward · · Score: 0

      I have a better idea. They can give me a new, empty laptop and keep mine, with all encrypted shit on it. Tech guys have backups anyway.

    41. Re:4th by Anonymous Coward · · Score: 0

      "Granted"?

    42. Re:4th by Anonymous Coward · · Score: 4, Interesting

      If the government had to build giant platforms 10 miles out to sea and require all people entering to stop there before coming into the country so their stuff could be inspected, they would. The courts give them some leeway as a nod to the fact that would be ridiculous for people trying to come in.

      There is no rational justification for extending that "platform" to one hundred miles inland from the actual border.

      As to "leeway", how about the recent case of a citizen of New Zealand who was flying direct to Canada. A mechanical emergency on the plane required it to land in Hawaii. All occupants were herded out into an open area in full sun, where they were required to stand for up to two hours while being interrogated, The citizen in question was, with all others, required to fill out a questionnaire including "Why do you want to enter the United States?", to which he responded, "I don't".

      When he finally was allowed to have the questionnaire read, the TSA bitch gave him a hard time about his answer. He said, "I had no intention of entering the US -- the plane made a forced landing for reasons outside my control."

      The bitch finally let him go.

      Can anyone answer any of the following questions:

      Why is not the "smartest nation on earth" not able to anticipate that a plane might have to make an emergency landing in the US?

      Why were these people not simply sequestered outside of customs and allowed to reboard whatever plane was supplied for the rest of the trip?

      Why were they treated worse than animals, with no shade or water? Even animals are protected by laws regarding reasonable maintenance. I know this because I have a relative who sends racing pigeons in crates to Hawaii, where they are released to race back to the mainland.

      Why are passengers required to fill out all the bullshit when there is no intention to land in the US, just to perhaps fly OVER the tip of Maine.

      What are the odds of a passenger on such a flight busting out of the plane and parachuting onto our glorious countryside?

      Hilarious -- the captcha is "atrocity".

    43. Re:4th by Alain+Williams · · Score: 1

      grabbing my penis, fondling my beasts

      Wow! You must be an interesting shape! :-)

    44. Re:4th by Froggels · · Score: 0

      "There's a 4th amendment exception around airports and borders." I realize that this exception has been in place for a long time but the number of exceptions to the US Constitution seem to increase at an ever increasing rate and each exception can be used as a pretense for more exceptions. Things are to a point where all of these "exceptions" are beginning negate the entire Constitution, particularly the Bill of Rights, eg. "Free Speech Zones", "Stop and Frisk", warrentless wiretapping... now this. What is next on the agenda? How long will it be before we find ourselves in a police state and start asking ourselves "How did we let this happen?".

    45. Re:4th by dna_(c)(tm)(r) · · Score: 1

      Why would those giant platforms not become US territory and be subject to the same laws as the mainland?

      Two words for the attention span challenged: Precedent. Guantanamo.

    46. Re:4th by Anonymous Coward · · Score: 2, Interesting

      I agree that the security theater is stupid. However, if you for the sake of the argument assume that a pat-down is neccessary, you'd have to do a thorough pat-down. If you ignore parts of the body, it's pretty simple to carry weapons there.

      In a training situation (army) I once was asked to pat-down my instructor. 2 seconds after I was finished, I had a knife pointed at my throat. After that, the instructor pulled out 5 different weapons I've had missed. If you do a pat-down, do it properly, or skip the procedure entirely.

    47. Re:4th by Mad+Hamster · · Score: 2, Funny

      fondling my beasts

      If your beasts are being fondled by the wrong persons, press charges for cruelty to animals.

      --
      Yandelvayasna grldenwi stravenka
    48. Re:4th by sco08y · · Score: 2, Insightful

      Oh, please. The constitution is a set of principles, which laws are then written to implement. I'm no fan of the federal government (I think they have whole agencies that are not allowed under the federal constitution), but your expectation that every last detail - indeed, in anticipation of every last future development - be in the constituion is absurd. Do you really expect the founding fathers to have anticipated computing devices that can encrypt data? And to put that sort of thing in the constitution? Get real.

      Encryption has been around since the early days of war and the founders certainly knew about it and (IMHO) explicitly guaranteed it as a right protected by the 2nd amendment. Think about it: for most of human history, encryption was *only* used as a strategic / tactical device. It's always been a means by which you organized the deployment of soldiers. If 2A is intended to enabled a "well regulated militia", it must cover encryption.

    49. Re:4th by Nursie · · Score: 0, Redundant

      You mean like Guantanamo bay?

    50. Re:4th by Anonymous Coward · · Score: 0

      Something similar happened to someone I know when he was flying from Canada to another country. The plane had to detour to the USA for some reason.

      They asked him why he didn't have a visa for entering the USA, etc. He told them "I don't want to enter your bloody country". Yes he used "bloody".

      This was even before the 9/11 days.

    51. Re:4th by TheLink · · Score: 5, Insightful

      Heh it'll be funny if more US citizens start finding it less hassle to sneak into their own country like illegal immigrants.

      --
    52. Re:4th by Dunbal · · Score: 0, Redundant

      For the same reasons that say, Guantanamo, is apparently not subject to the same laws as the mainland.

      --
      Seven puppies were harmed during the making of this post.
    53. Re:4th by HungryHobo · · Score: 1

      Militarized encryption equipment, TEMPEST-approved electronics, custom cryptographic software, and even cryptographic consulting services still require an export license.

      also would you be making a reference to this:
      http://xkcd.com/504/

    54. Re:4th by evanism · · Score: 3, Insightful

      Perhaps you wern't prepared to grab another mans dude, and being in the forces, I can understand this, but I just want to fly to another city.

      Probability of another "shoe" bomber or "underpsants" guy? Zero. 50 million enfordlements? priceless.

      Friend, how long do you think it will be before they are doing this for buses and trains? Tracking your car and its movements?

      The USA *was* a great country. You have but lost your way and maybe this sharp slap will remind its PEOPLE as to WHY the constitution was written.

      --
      Just bought a new quantum computer, but I'm uncertain how it works.
    55. Re:4th by NeutronCowboy · · Score: 3, Insightful

      Here's a fun fact: the border extends to about 100 miles inland of the actual border to a country or the ocean. This means the Customs can search over 50% of the US population with near impunity.

      --
      Those who can, do. Those who can't, sue.
    56. Re:4th by hey! · · Score: 2, Insightful

      Do you really, in your heart of hearts, believe that the Founding Fathers, if they were alive today, would consider a hard drive full of a citizen's personal and confidential files to be in any way less deserving of the same legal protections afforded someone's wallet or their file cabinet?

      Although I agree with your conclusion, I am troubled by this style of reasoning because (a) anybody can imagine the founding fathers have any kind of reaction they'd want the founders to have to conditions unimaginable in the founder's lifetime; (b) it assumes the founders were of one mind on what "liberty" means, which they manifestly were not; and (c) it deifies the founders, as if they had some kind of privileged access to the truth which we don't have.

      The founders did an amazingly good job, but they screwed up in many instances, sometimes in ways that they had enough information to know better but were not morally up to facing (slavery), in other cases in ways they could not have avoided. Take the Bill of Rights; it's very parochial with respect to historical era, talking about people being secure in their papers and effects. *We* know that what is important is the *information* in those papers, and if you don't think that didn't cause confusion, look at the history of the SCOTUS stance on unreasonable searches and seizures. On the other hand, the ninth and tenth amendments are something rare, a political admission of fallibility and limited foresight. It is on that basis that the Bill of Rights has been interpreted to cover things like contraception which surely was not part of the consideration when the founders drafted and the states ratified the Bill. Who knows what answer we would get if we went back in time and put the question of contraception to the founders? Even if we could, why should we assume that they would automatically come up with a better answer than us?

      I think Lincoln had it right when in the Gettysburg Address he described the United States as a kind of experiment in what liberty means and its practical application to human life. The founders managed to get hold of a kernel of truth... or perhaps find the trail head of a long path into the future. They did not even attempt to make a clear, unambiguous statement of that truth in legal or philosophical terms that would answer all questions of government for all time. They never even attempted to actually specifically describe many of the rights they were attempting to secure but only (in a parochial but typically American way) restrain certain known threats to those rights.

      Still, they did a pretty good job. They simply didn't *finish it*.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    57. Re:4th by drinkypoo · · Score: 1

      FALSE. The facts are not copyrighted, but your presentation of the facts IS. You can copy the facts, but you can't copy the file. Or put in more explicit, demonstratory terms, you can load the XLS and export a CSV, but you can't just copy the XLS.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    58. Re:4th by maxume · · Score: 1

      Perhaps he has a seeing-eye bear.

      --
      Nerd rage is the funniest rage.
    59. Re:4th by blackraven14250 · · Score: 1

      They have no jurisdiction when outside of the border, so I'm gonna say only within the border.

    60. Re:4th by Anonymous Coward · · Score: 0

      Well thanks for clearing that up. I'm sure the Canehdians and the wetbacks were literally shitting bricks.

    61. Re:4th by hedwards · · Score: 1

      It's the logic that the Bush administration applied when setting up GITMO. How it doesn't apply is beyond me. Mainly because the US government is the sole entity that is both in control of and responsible for whatever goes on there. The jurisdiction requirements that they were using to get around that imply that some nation state is responsible. Since it was the US which was solely responsible for all that goes on there and the US judicial branch is authorized under the constitution to examine anything that the US government does that's brought to court, the logic was thin at best.

    62. Re:4th by hedwards · · Score: 1

      Actually, it isn't a visible secret. The TSA goons have no way of knowing whether it's encrypted data or a string of essentially useless 1s and 0s. In fact were you to interleave encrypted data every 3rd or 4th bit, they'd have no way of knowing whether it was encrypted or just gibberish.

      Plus it's an extremely blatant violation of the fifth amendment to force somebody to testify against themselves by giving up the passphrase.

    63. Re:4th by Nimey · · Score: 1

      JUDICIAL ACTIVISM: n, Whatever a judge does that I don't like. I'm torn between amusement and disgust from all those "Judicial activism!" Republican state attorneys-general asking the Supreme Court to dabble in Activism in order to stop the new national healthcare law.

      I don't care for having my laptop searched at a border crossing either, but let's not pretend that the Constitution is written out in thoroughly debugged English that can be interpreted only one way.

      --
      Hail Eris, full of mischief...

      E pluribus sanguinem
    64. Re:4th by nedlohs · · Score: 1

      Yes. Do you really think that trade secrets are natural rights? That being able to prevent Bob from telling Sally something you told him by threatening him with violence is an inherit right for all people?

    65. Re:4th by nedlohs · · Score: 1

      Child pornography is contraband. Child pornography can also be encrypted data on a hard drive.

    66. Re:4th by nedlohs · · Score: 1

      Whereas I think it's great.

      I used to have to pay for that fondling, or risk getting arrested by some idiot cop because hooking up in the airport bathroom is illegal for some reason.

      Now I can just go through security, take the exit, go through security again as many times as I want before while waiting for the plane.

    67. Re:4th by DarkOx · · Score: 1

      Um that is pretty easy because the fourth amendment outlines what is a reasonable search

      "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      Anything that does not meet that criteria is unreasonable.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    68. Re:4th by DarkOx · · Score: 1

      Exactly there is an Amendment process if the Constitution as the framers wrote it does not address a modern situation than there is a process for changing it. It can't just be ignored when its not convenient. That process was made especially onerous for a reason as well. Its to make damn sure and changes are carefully considered and to avoid any short circuiting of checks and balances to prevent the document form being hijacked!

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    69. Re:4th by merc · · Score: 1

      At least the RIAA and MPAA are not grabbing my penis, fondling my beasts

      If I were you I'd leave your beasts at home in a cage. But in all seriousness, don't give these guys any ideas.

      --
      It's true no man is an island, but if you take a bunch of dead guys and tie 'em together, they make a good raft.
    70. Re:4th by Anonymous Coward · · Score: 0

      You have breasts *and* a penis? How cool is that?^^

    71. Re:4th by Anonymous Coward · · Score: 0

      *ugh* giving up mod points here, because I am sick to death of hearing this "activist judge" crap.

      Go ahead: please tell us how you would enforce the 4th Amendment without "interpreting" the meaning of "unreasonable".

      DUH - clearly the Founders meant "don't search white Christian people, but harass the fuck outta those niggers". Haven't you been paying attention the last couple decades?

    72. Re:4th by cheekyjohnson · · Score: 1

      "Actually, it isn't a visible secret."

      What I meant was that they can see that something encrypted is present (or at least they assume it is). They would probably ask something such as "why would you have gibberish data stored on your hard drive"?

      "Plus it's an extremely blatant violation of the fifth amendment to force somebody to testify against themselves by giving up the passphrase."

      Amendments? Please! The government doesn't listen to those anymore (especially when they can get away with it)!

      --
      Filthy, filthy copyrapists!
    73. Re:4th by cheekyjohnson · · Score: 1

      "(b) it assumes the founders were of one mind on what "liberty" means, which they manifestly were not"

      Of course they weren't, but the fourth amendment is still very clear. A laptop can obviously be categorized under "effects" as it is property.

      Everything in the constitution may not be an absolute truth, but it is still a set of rules that weren't meant to be 'interpreted' away.

      --
      Filthy, filthy copyrapists!
    74. Re:4th by cheekyjohnson · · Score: 1

      I don't care for having my laptop searched at a border crossing either, but let's not pretend that the Constitution is written out in thoroughly debugged English that can be interpreted only one way.

      Uh, the fourth amendment is pretty clear. As I already said, interpreting something doesn't mean completely changing its meaning, especially when that something is already clear (like the fourth amendment).

      "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      That's pretty clear. A laptop can obviously be categorized under "effects." I don't see how you can logically interpret this to mean "the government can decide what property that they can search whenever they please."

      --
      Filthy, filthy copyrapists!
    75. Re:4th by Anonymous Coward · · Score: 0

      The constitution and its amendments stop just before the border.

    76. Re:4th by couchslug · · Score: 3, Informative

      "This airport theatre is OBSCENE, ethically and morally wrong on EVERY level."

      Vote with your wallet and don't fly. Deny the airlines money by not using their services. The purpose of security theater is mostly to restore faith in air travel and keep the airlines running.

      We can afford to lose a few airliners as easily as we afford to lose thousands of terrestrial travellers in auto crashes, if we CHOOSE an equal level of indifference.

      It's about psychological impact, not dead people. Life is cheap except when taken in exotic ways with lots of media coverage.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    77. Re:4th by Compaqt · · Score: 1

      The funny thing is they don't do anything about illegal infil, while harassing legal border-crossers (and citizens).

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    78. Re:4th by Entropius · · Score: 1

      There should be seeing-eye bears.

      "Thug McThuggerson, TSA agent, was mauled and eaten when he tried to fondle a bear's crotch. Film at 11."

    79. Re:4th by Entropius · · Score: 1

      If I had mod points you'd get one.

    80. Re:4th by Tuoqui · · Score: 1

      Interesting Theory... If the Copyright Lobby makes it a legal precedent that copying = theft then you could very easily claim the government is stealing from you as they are accessing copyrighted material without consent of the rights holder. Something that would make them look very hypocritical to do while trying to support content providers to prevent people from doing similar.

      Technically if the passwords/encryption codes were in your head you could make the case it's against the 4th amendment but clearly the contents of the machine and cell phones were not worth the potential stay in jail and court case. Unfortunately, I suspect that would be up to someone with child porn or something equally threatening to ones personal or professional life.

      --
      09F911029D74E35BD84156C5635688C0
      +2 Troll is Slashdot's way of saying groupthink is confused
    81. Re:4th by Entropius · · Score: 1

      I live near the border, in a city with a mixture of white people and brown people. Some of the latter are here illegally. Turns out most of the white people here see them contributing usefully to the economy and don't mind their presence.

      And you don't have to cross the border for the 4th Amendment to not apply. If I want to drive to the next state over on the most direct highway route, I have to go through a Border Patrol checkpoint, where the 4th amendment doesn't apply.

    82. Re:4th by hey! · · Score: 1

      Technically, sure -- your laptop is an "effect"; but the *most important* interest you have in such situations is in controlling access to the *information* on the laptop. One might reasonably be deprived of one's laptop for a few minutes or even hours in service of some important public purpose, but losing control of the information on it is a very different matter. That is a far more serious and permanent deprivation of liberty than the temporary loss of physical access to your laptop.

      I think most of us would agree that our interest in controlling our personal *information* is at least part of what the fourth amendment was intended to protect (although there will always be a few stubbornly ultra-literal dissenters). It wasn't a practical necessity in the era of paper documents and scriveners to draw distinctions between information and the documents that carry it. It *is* in the era of electronic data.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    83. Re:4th by Heretic2 · · Score: 1

      I wonder how the Founders would have dealt with a world in which a single hand-carried device could wipe out a city? The TSA policies are ridiculous however. I haven't flown in awhile, I haven't dealt with this first hand. I certainly don't want to fly anytime soon though. What if your -job- requires you to fly? Some people say TSOs should quit because they are being asked to do morally and ethically wrong actions as part of their job. The back-scatter imagers from what I've read are particularly bad for your epidermis and outer tissue; even though it's lower energy it is more targeted and more dangerous than well-studies whole-body x-ray technologies.

      How long were tanning machines around before they finally acknowledged they caused cancer? It wouldn't be the first time the gov't has lied or been wrong.

    84. Re:4th by Scrameustache · · Score: 1

      Heh it'll be funny if more US citizens start finding it less hassle to sneak into their own country like illegal immigrants.

      Civil disobedience FTW

      --

      You can't take the sky from me...

    85. Re:4th by Hatta · · Score: 1

      What are you talking about? Customs agents can open your mail and copy all the papers and effects too. When crossing the border they can open your wallet and copy every scrap of paper they find. The problem isn't that the law considers computing devices different from papers, it's that the courts have fabricated a border exemption to the 4th amendment.

      --
      Give me Classic Slashdot or give me death!
    86. Re:4th by Anonymous Coward · · Score: 0

      A constitution written by wolves remains in force for the constant feeding of wolves and their paid shepherds. The right of sheep to say bah, bah, bah is guaranteed; whether they are eating grass or being served up on a judicial plate; where their rights can be better examined for the common good. Bah all you want but the round table at Camelot only seats a privlidged few and the theocracy preached from day one always has a middle man. Intelligence is expected to serve the "state" (powers that be) and money is spent to upgrade ignorance and advance research for the same reason.

      "We the people" may never be tested. As a side note the word citizen is a fine word today; even as it was in the French revolution. I feel for the hacker whose "rights" were disturbed; but let us be thankful this season that things have not yet advance to the stage of the French revolution and the most obvious, rapid and true method of downloading data and dumping the hard drive.

    87. Re:4th by Anonymous Coward · · Score: 0

      thats just stupidity. Why not just fill the form and get automatic entry under the VWP, rather than making a stupid stand?

    88. Re:4th by slick7 · · Score: 1

      I'm still not sure how this doesn't violate the Fourth Amendment.

      Patriot Act, there, fixed that for ya.

      --
      The mind conceives, the body achieves, the spirit manifests.
    89. Re:4th by slick7 · · Score: 1

      It would only be stealing if he was deprived of something.

      I think the RIAA & MPAA might disagree with that statement.

      One Word: Taking.

      --
      The mind conceives, the body achieves, the spirit manifests.
    90. Re:4th by slick7 · · Score: 3, Insightful

      grabbing my penis, fondling my beasts

      Wow! You must be an interesting shape! :-)

      One Word: Shemale.

      --
      The mind conceives, the body achieves, the spirit manifests.
    91. Re:4th by fyngyrz · · Score: 1

      The word "incorporation" isn't, but the concept certainly is. The 14th amendment says "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States", which is what applies the bill of rights - amendments 1-10 - to the states. I read it as the "privileges or immunities" referred to must be defined outside the state (otherwise the stricture is meaningless); and as the only place such a definition happens is the federal constitution, specifically in amendments 1-10, the meaning is pretty clear, it seems to me.

      I read it as a straight-forward mechanism to forbid the states from doing anything to violate anything in those amendments.

      There are also specific instances outside the amendments, such as the states being explicitly forbidden to create ex post facto law and a few other things, which are written as part of article I, section 10.

      Would you offer another reading for "privileges or immunities"?

      --
      I've fallen off your lawn, and I can't get up.
    92. Re:4th by cheekyjohnson · · Score: 2, Interesting

      That is a far more serious and permanent deprivation of liberty than the temporary loss of physical access to your laptop.

      Uh, no. You can't just take someones property away. Not even temporarily. Again, the fourth amendment. They can't just make this stuff up (well, they can and they do, but it's not constitutional).

      One might reasonably be deprived of one's laptop for a few minutes or even hours in service of some important public purpose

      Important in this sense must mean whatever the government decides is important, because I certainly don't think this is important. I actually would like to follow the fourth amendment.

      This is not reasonable at all.

      It *is* in the era of electronic data.

      Unless you were going around telling everyone about the data on your laptop, there is no reason they should be able to take it away to 'search' it, and the fourth amendment agrees.

      --
      Filthy, filthy copyrapists!
    93. Re:4th by slick7 · · Score: 2, Funny

      Vote with your wallet and don't fly. Deny the airlines money by not using their services.

      It's about psychological impact, not dead people. Life is cheap except when taken in exotic ways with lots of media coverage.

      Resistance is futile! better off with under garment strap-ons and butt plugs. The psychological damage should be the viewer's, not the viewee's.

      --
      The mind conceives, the body achieves, the spirit manifests.
    94. Re:4th by fyngyrz · · Score: 1

      I wonder how the Founders would have dealt with a world in which a single hand-carried device could wipe out a city?

      I very strongly suspect they would have designed something to deal with it (radiation detectors, possibly search just as implemented now, perhaps even more thorough, etc.) and then used article V to have it legitimately made an authorized power. I don't think the public would even blink an eye at authorizing border search, especially in such a context.

      On the other hand, I think the founders would have known better than to try and characterize the data contents of a laptop as a "threat" and then ask the people for authority to copy or search said data, because such nonsense is purest theater.

      Primarily because anyone can carry a laptop across a border clean as a whistle, get to where you're going, download an encrypted stream of whatever from wherever, and achieve the same result. Or buy the laptop within the country, download, again, same result. It's stupid, it's invasive, it's just the kind of abuse of power the 4th amendment was designed to prevent. You might be able to sensibly argue that in the case of a non-US citizen, 4th amendment protection doesn't exist (though I'd disagree at this point unless your argument was really excellent), but you really can't make a sensible argument that it doesn't exist for a US citizen returning to the country.

      --
      I've fallen off your lawn, and I can't get up.
    95. Re:4th by Attila+Dimedici · · Score: 1

      I'm still not sure how this doesn't violate the Fourth Amendment.

      Because the Supreme Court has ruled that the 4th Amendment does not apply to entering the country (Customs) since back when the guys who wrote the 4th Amendment were still around. The guys who wrote the 4th Amendment did not disagree with those rulings.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    96. Re:4th by Anonymous Coward · · Score: 0

      That sounds more like a privilege.

    97. Re:4th by badboy_tw2002 · · Score: 1

      Two words: Dog owner.

    98. Re:4th by gnud · · Score: 1

      The word that's unclear to me in the 4th amendment is 'unreasonable', not 'effects'.

    99. Re:4th by phorwich · · Score: 1

      Slightly off topic, but it reminds of the person who once asked, "If I whistle a popular rock song where someone else can hear and then they start whistling it too, have I made an illegal copy?"

      --
      Wait. Stop scrolling for a sec. O.K. Thanks. - P
    100. Re:4th by orgelspieler · · Score: 1

      Actually, the whole "what it was originally supposed to mean" line of thought isn't valid either. Did the founding fathers intend for "effects" to include electronic files? The answer is NULL. They didn't know what electronic files were so they could not have intended one way or another.

      Activist judges are the only kind of judge. They are supposed to act. They are supposed to interpret. They are supposed to add some common sense and personal opinions, and not just blindly recite the letter of the law. If the laws were perfectly clear, we wouldn't even need judges, right?

    101. Re:4th by NewtonsLaw · · Score: 5, Interesting

      I have to say that after my last trip (on business) to the USA, I would never consider it a suitable tourist destination for myself or my family.

      From the moment I debarked the plane at LAX I very much felt that I (and everyone else) was being treated like a criminal.

      How dare we (foreigners) enter the glorious US of A -- the most wonderful nation in all the world?

      The gentleman who walked the very long queue of people waiting to clear immigration repeatedly threatened (not warned -- *threatened*) all those present with severe penalties if we didn't correctly fill out the forms he was handing out.

      The official who inspected my passport didn't welcome me to the USA and invite me to enjoy my stay -- the treated me (and everyone else) with massive suspicion and contempt -- making it very clear that *they* had all the power and that I was a someone who ought to be eternally grateful for being allowed to enter the country.

      Is that really the way to treat visitors?

      And as for the latest usurping of citizens rights in respect to searches -- well I feel very sorry for the USA.

      It is (although perhaps somewhat less-so these days) truly a great nation, built on principles of integrity and freedom. Unfortunately (as they say) "Power Corrupts" and it would appear that those in power have seized the opportunity to use terrorism as justification for unreasonably extending the degree of power they now exert over the people who elected them to *serve*.

      Every day that the sacred provisions and protections of The Constitution are ignored by the US Government is another day on which the Islamic fundamentalists can claim another victory.

      Instead of fighting on their feet, the citizens of the USA are now living on their knees -- having compromised the very principles (The Constitution) that made their nation so great.

      Of course it *is* a democracy so perhaps those of you who are US citizens might want to think about exercising those democratic rights (before they too are taken from you in the name of "the war against terror" and installing a government who appreciates that the principles of The Constitution are still worth fighting for and that no bunch of Islamic fundamentalists should be allowed to usurp them by way of a campaign of terror.

      Perhaps it's time for a referendum to allow the US people to decide whether the constitution should be abolished because right now, it appears that such an abolition is happening by stealth -- and by the time the people wake up to that fact, it may well be too late. The very rights this document bestows on citizens will be lost and thus even the power to protect those rights will have gone forever.

      Just my 0010 cent's worth.

    102. Re:4th by Anonymous Coward · · Score: 0

      If someone is grabbing my penis, they ARE fondling my beast.

    103. Re:4th by careysub · · Score: 1

      I wonder how the Founders would have dealt with a world in which a single hand-carried device could wipe out a city?...

      Essentially none of the increasingly intrusive measures and powers of our "security state" (which seems to give little actual security...) can be justified on the ground that portable nuclear weapons can be built by a sufficiently sophisticated nuclear weapon state.

      Even the most portable nuclear device ever built would require a very heavy, very thick suitcase to transport and would be a glaring anomaly from almost any criterion. The most casual examination would expose that it is a really odd object needing further examination.

      It is possible to transport as "a bomb in the marijuana bale" (a good reason to legalize?) as it used to be phrased, or in shielded shipping containers, but x-ray strip searches, intimate feel-ups, laptop searches, secret unappealable, uncorrectable no-fly lists, etc. have nothing whatsoever to do with this.

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
    104. Re:4th by Mix+Master+Nixon · · Score: 1

      Mod parent Gitmo.

      --
      Oppressing an entire population is never cheap.
      --Jeckler (/. Beta IS GARBAGE!)
    105. Re:4th by careysub · · Score: 1

      ... How long will it be before we find ourselves in a police state and start asking ourselves "How did we let this happen?".

      Two questions here: "how long" and "how did it happen". You answered the second pretty well yourself. For this first - I'd say "zero time" we are already there. It can get worse (even in Stalinist Russia things could always get worse) but we are there now.

      --
      Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
    106. Re:4th by sco08y · · Score: 1

      Militarized encryption equipment, TEMPEST-approved electronics, custom cryptographic software, and even cryptographic consulting services still require an export license.

      So? The 2A has nothing to do with exporting goods.

      also would you be making a reference to this:
      http://xkcd.com/504/

      Nope. Don't read xkcd; once you get past the self-congratulation, smugness and sanctimony, all that's left is stick figure art.

    107. Re:4th by Anonymous Coward · · Score: 0

      And of course the first 100 miles is the constitution free zone.

      And no, that doesn't mean you get a free copy of the document,
      that means your rights are null and void in that zone.

      http://www.aclu.org/national-security_technology-and-liberty/are-you-living-constitution-free-zone

    108. Re:4th by Anonymous Coward · · Score: 0

      You think the government or its workers still abide by that silly old piece of paper known as the constitution when they can get away with not abiding by it?

      I have personal knowledge that some parts of the government do care about the constitution. I suspect they tend to be the parts of the government that hire the most intelligent people. (CBP, TSA, etc. do not hire intelligent people. Nobody with a brain is going to apply for a job groping fat ugly old men.)

      It would only be stealing if he was deprived of something.

      Arguably he has been deprived of something. As it says in TFA, he can no longer trust those devices because they might have been tampered with.

    109. Re:4th by lowy · · Score: 1

      At least the RIAA and MPAA are not grabbing my penis, fondling my beasts or rubbing their hands all over children yet.

      This airport theatre is OBSCENE, ethically and morally wrong on EVERY level.

      Your passion for civil rights is admirable, but if you have both a penis *and* breasts you may not be the spokesperson we are looking for.

    110. Re:4th by Anonymous Coward · · Score: 0

      That describes the criteria for issuing a warrant. Now show me the bit in the amendment that explicitly says that an "unreasonable" search means one without a warrant. Hint: it isn't there.

      We can interpret the juxtaposition as implying that it is the possession of a warrant that makes a search reasonable, but it is equally possible in theory to argue that the framers would have used the word "warrantless" if that is what they meant, and that their choice of the word "unreasonable" instead implies that there are other ways a search can be reasonable.

      You will doubtless reject that alternative reading out of hand, because your mind is already made up. Which is fine, because I'm not trying to convince you you're wrong about the meaning; my point is simply that the GP is correct to say that you cannot apply the constitution without interpreting it.

    111. Re:4th by nog_lorp · · Score: 1

      BULL SHIT. Files = papers/effects, clearly and indubitably.

    112. Re:4th by Cederic · · Score: 1

      Nope. Don't read xkcd; once you get past the self-congratulation, smugness and sanctimony, all that's left is stick figure art.

      Oh. I read it for the art. :(

    113. Re:4th by Anonymous Coward · · Score: 2, Interesting

      Some Americans tried to do this at the recent midterm elections. The Tea Party was originally a loose non-partisan coalition of citizens who were fed up of the obvious corruption on all sides of the political spectrum.

      Unfortunately, it was quickly co-opted by partisan extremists such as Sarah Palin and Glenn Beck, and twisted into a more or less controllable branch of the Republican party that they exploited to further their own political goals.

      Perhaps next time citizens should reject the bipartisan system more explicitly. Instead of weak slogans like "Taxed Enough Already" and "Don't Tread On Me", might I respectfully propose "A Plague On Both Your Houses"? Kind of harder to subvert.

    114. Re:4th by Anonymous Coward · · Score: 0

      The courts, in point of fact, allow warrentless searches anywhere within 100 miles of the border...

      Incorrect. The search can only happen on a mode of transportation on a public right of way, no different than a sobriety checkpoint.

      It's invented, unauthorized law.

      Again, incorrect. The United States is a common law country, the federal government inherited (except where it conflicted) the case law of England. This is how habeas corpus exists since it is not found in the United States Constitution.

      This is what happens when laymen, with no legal training, start commenting on law. If you want to argue the merits of the issue, I highly recommend actually knowing about the subject matter.

    115. Re:4th by protektor · · Score: 5, Informative

      Umm I think you missed the news announcement. They are already testing this at bus stations and train stations. So there is no need to wait, it is already here.

      Here is the TSA patting people down at a bus station.
      http://www.youtube.com/watch?v=_hT8hfrak9I

      Looks like the TSA are already at train terminals.
      http://www.youtube.com/watch?v=ORdBoG8qv9w

      So it would seem that they are only left with us traveling by car. Although I hear that they have vans with the scanners in them and are going to use them at the borders to scan cars without people getting out them. Here is the company that is selling them.
      http://www.as-e.com/

      So it only a matter of time before the TSA is everywhere scanning everyone at the rate they are going.

    116. Re:4th by ScrewMaster · · Score: 1

      It wasn't a practical necessity in the era of paper documents and scriveners to draw distinctions between information and the documents that carry it. It *is* in the era of electronic data.

      Actually, what is important in the digital era is that the law very clearly state that, for the purposes of maintaining our civil liberties, there is no difference. Anything else is going to result in just the sort of abuses we're already seeing, and will continue to see. That's not complicated, and my original point stills stands: the Founders expected us to be able to make a reasonable and logical extension of the Fourth Amendment to cover future advances. The fact that we have proven incapable of that is a failure on our part, not theirs.

      --
      The higher the technology, the sharper that two-edged sword.
    117. Re:4th by ScrewMaster · · Score: 1

      That is a far more serious and permanent deprivation of liberty than the temporary loss of physical access to your laptop.

      Uh, no. You can't just take someones property away. Not even temporarily. Again, the fourth amendment. They can't just make this stuff up (well, they can and they do, but it's not constitutional).

      One might reasonably be deprived of one's laptop for a few minutes or even hours in service of some important public purpose

      Important in this sense must mean whatever the government decides is important, because I certainly don't think this is important. I actually would like to follow the fourth amendment.

      This is not reasonable at all.

      It *is* in the era of electronic data.

      Unless you were going around telling everyone about the data on your laptop, there is no reason they should be able to take it away to 'search' it, and the fourth amendment agrees.

      Yes indeed. And a Federal judge ruled a couple of years ago that encryption keys and passwords, if they are in your head, cannot be demanded by law enforcement because Fourth Amendment protections still apply. Now, if you write down that password and the cops find it in the course of a legal search, it's fair game. But keep it in your head and they can't legally require you divulge it. Given that border searches are exempt from ordinary Constitutional protections that doesn't matter much in this case.

      From a practical perspective, it's trivial to make such "searches" of laptops and other digital media irrelevant. Just keep your laptop's hard disk empty of anything confidential, and only access that data via the Internet when you arrive at your destination. The fact is, anyone who has anything important (from a terrorism perspective, certainly) is going to be fully aware of this and will take steps to make any border search fruitless. I know I will, just as a matter of principle: I don't like people going thorugh my stuff, nobody does, especially when you never know what they'll do with what they find, or if you'll ever see your property again. The Founders seemed to grok that. Too bad the TSA does not. It's also too bad that we can't force all government employees, including Congress and the TSA's upper management, to live under the same rules that we do. But they're royalty, exempt from suffering under the impact of their own fucking laws.

      I remember being irritated the last time I flew from my home State to LAX. First, the line was so backed up that it ran up two flights of stairs. I was standing there, waiting to get down to the first floor where the security checkpoint was, when this Indian dude in an airport employee jacket comes along, and a heavily-accented voice said, "Please have your papers ready. Your papers, please." We all got the Nazi reference (even if this individual did not) and hearing it in such inoffensive tones was just hysterical. So at least I had some comic relief.

      Then, when I finally got to the security area, the guard told me that my "ziplock was too large" and proceeded to dump the entire contents of my suitcase onto a table, underwear and all, in front of hundreds of other people. Presumably he was trying to find the hidden weapon in my shorts. I thought about telling him that was looking in the wrong place, but I figured if I did he'd pat me down and, frankly, I wasn't in the mood. He then proceeded to completely ignore my laptop and other electronics. Logical, because, as everyone knows by now, Fruit of the Loom is the weapon of choice of all professional terrorists.

      He did maintain a polite, courteous demeanor throughout the entire exercise, I will give him that much.

      --
      The higher the technology, the sharper that two-edged sword.
    118. Re:4th by cheekyjohnson · · Score: 1

      "Did the founding fathers intend for "effects" to include electronic files?"

      They used the very broad term "effects" instead of listing a bunch of technologies that the fourth amendment should reply to. You can easily assume that they were counting on future technologies, as you actually have a bit of evidence to back up that claim, but no evidence to back up the claim that they weren't. They might not have known specifically, but that's irrelevant.

      "They are supposed to interpret."

      But not change the meaning of.

      --
      Filthy, filthy copyrapists!
    119. Re:4th by Ihmhi · · Score: 1

      Honestly, if writing new laws were even a tenth as difficult and arduous as amending the constitution I imagine the world would be a better place.

      Things just move too goddamned fast IMO.

    120. Re:4th by cheekyjohnson · · Score: 1

      Ah, okay. The next few words after that speak out against warrant-less searches. You can conclude (at least it's actually in the constitution and not made up on the spot) that that's what it meant by that.

      --
      Filthy, filthy copyrapists!
    121. Re:4th by Anonymous Coward · · Score: 0

      You know they dumped his drive, but the main question is whether they're allowed to. Isn't that stealing from the passenger then?

      sue them?

    122. Re:4th by PaulBu · · Score: 1

      Since this post is already +5 Informative, not spending my mod points on it, but making you a friend instead! :) Thanks!

      Paul B.

    123. Re:4th by Anonymous Coward · · Score: 0

      A fileformat is not copyright-able as it lacks creativity. Esp not a file containing only regurgitated facts. If it were a fancy photoshop file with a unique design, then you would have a point.

    124. Re:4th by sumdumass · · Score: 1

      I find it funny that people seem to be focused on the effects part of the clause when the problem is something completely different. Effect basically means things on your person or directly in your control, electronic files would most certainly fall into that category. Just because the founding fathers didn't have a concept of electronic files doesn't mean that they didn't cover or intend to cover it because it's nothing more then a high tech version of a paper and effect that is already covered.

      but that's sort of like arguing for the sake of argument. Whether or not electronic files are covered by the 4th amendment isn't the question. The question is the reasonableness as the 4th amendment only protects us from the government doing unreasonable searches and seizures. The courts have long ago, and much to the backing of the founding fathers as they wrote and implemented the very first warrant-less search law in the very first congress session in this country, rules that it's reasonable as a right of sovereignty, that the government be allowed to inspect persons and items entering the country.

    125. Re:4th by Anonymous Coward · · Score: 0

      There's a 4th amendment exception around airports and borders.. they can search you for *no reason*. If you don't think that is fair, you're not the only one.

      Work in law enforcement, national security, or for a politician? Want someone you want searched but can't get the probable cause for a warrant? No worries, wait for them to fly, search 'em at the border and find something suspicious.. now you can search the rest of their property.

      Taking this one step further, and don't think this isn't coming soon, searching a non brand-new laptop at the border and finding this to be freshly formatted and installed, is a dead giveaway that there was something to hide, and thus warrants a search of your home...

    126. Re:4th by blindseer · · Score: 1

      I went out to lunch with some co-workers and, while we were eating our burritos, I noticed three or four Border Patrol agents in line for food. They were armed and in uniform. We found this quite odd since we were more than 100 miles from any border and several miles from any major highway leading to a border. They didn't just get off the highway for a bite, there were plenty of other places to eat closer to the highway. This was also not the only place in town to get burritos. The only thing that we could come up with to explain their presence there was the proximity of the restaurant to the airport. We didn't recall ever seeing an international flight out of the airport though.

      It was very strange to see Border Patrol agents there. I have to wonder now how far the border zone extends now. Could it be one THOUSAND miles?

      --
      I am armed because I am free. I am free because I am armed.
    127. Re:4th by hey! · · Score: 1

      Uh, no. You can't just take someones property away. Not even temporarily. Again, the fourth amendment.

      Actually, yes you can. The fourth amendment restricts *unreasonable* searches and seizures. You might not think that is *morally right*, you might even be correct, but the fourth amendment certainly allows *reasonable* seizures, such as impounding property that is an evidence in a criminal case. It limits the ability of the government to transform that into an arbitrary power to seize property, but it has not, and never has been interpreted as a blanket proscription on *all* seizing of property.

      This is not some new-fangled interpretation of the 4th. Property entering the country has been impounded for inspection since the earliest days of the country.

      Important in this sense must mean whatever the government decides is important, because I certainly don't think this is important.

      The test is whether a reasonable person would think the purpose is important enough, and more to the point in this case whether he'd believe the *evidence* is strong enough to warrant the extent to which the person has been deprived. THAT's the rub. The government is imposing on this person on the basis of tenuous evidence that a reasonable person would not think reasonable warrants this.

      I actually would like to follow the fourth amendment.

      People keep saying things like this without apparently having read the text carefully. The 4th doesn't proscribe *all* seizures of persons (i.e., arrests) or effects, only unreasonable ones. It doesn't even require warrants for every seizure or search (e.g. hot pursuit does not require a warrant), it only sets criteria for warrants in cases where they can be reasonably obtained (e.g. a planned search part of an ongoing investigation). That actually cuts both ways. When the government seeks a *new* power to search without warrant, that means it knows it *could* reasonably obtain a warrant, but wants to avoid the Constitutional warrant restrictions.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    128. Re:4th by cheekyjohnson · · Score: 1

      "The fourth amendment restricts *unreasonable* searches and seizures."

      It also defines what is unreasonable. I was saying that it was unconstitutional. Taking away laptops and property at random, it says, is not reasonable.

      "Property entering the country has been impounded for inspection since the earliest days of the country."

      Whether it's been going on for a while or not, that still isn't following the constitution.

      "The test is whether a reasonable person would think the purpose is important enough"

      Reasonable? Only if they have actual evidence (but I suppose that's too much to ask for).

      "and more to the point in this case whether he'd believe the *evidence* is strong enough to warrant the extent to which the person has been deprived."

      Oh, we're talking about evidence, now? These people had none. It was almost random. They really had no evidence to suspect that he was going to do anything.

      "The 4th doesn't proscribe *all* seizures of persons"

      I never said that it did, just seizures or searches without warrant or actual reason.

      --
      Filthy, filthy copyrapists!
    129. Re:4th by node_chomsky · · Score: 1

      What if you only write things (word for word) copyrighted by other people, but with your own hand?

      This is why the idea of a copyright is impractical.

    130. Re:4th by Anonymous Coward · · Score: 0

      Would it be sufficient to add a copyright notice as an automatically generated footer in outgoing emails?

    131. Re:4th by Anonymous Coward · · Score: 0

      You must be European, because you seem to be coming from the point of view of expecting the law to capture every possiblity.

      And you must be a fucking moron to make such a determination based on essentially no meaningful evidence.

      Americans are at least as bad as anyone else in expecting the law to be all-inclusive. Otherwise, why do the shysters spend so much time trying to find the merest loophole or slightly vague definition to get their clients off? This is exactly why our lawbooks are so unreasonably large -- as soon as any exception is found, a new law must be written to cover it.

      Look at the TSA foolishness. Is there anyone who hasn't considered the question (in recent days) of "What happens when someone finally shoves binary bomb components up his ass and takes out an airplane (or is caught trying to do so?}"

      Do you seriously expect that the power-crazed lunatics at TSA won't propose full-on body cavity searches of your three-week-old infant?

    132. Re:4th by Anonymous Coward · · Score: 0

      Do you really expect the founding fathers to have anticipated computing devices that can encrypt data?

      Why not? Encryption of one kind or another has been around since Roman times at the very least. Adding "device" to the mix alters nothing.

      Technically, a correctly-implemented one time pad, used once and destroyed, when the encryptor does not know where the other , corresponding pad is located, simply cannot be broken and the encryptor cannot be of any help no matter how long some prick of a judge keeps him in jail for contempt.

      So should all people be supremely contemptuous of the courts anyway. If I can't refer to my accuser as a goddamned needle-dicked bugfucker just because it may make some judge feel warm in the crotch, then the court is a motherfucking farce.

    133. Re:4th by niftymitch · · Score: 1

      Here, in the USA, "a little bit" means 100 miles (160.9 kilometers) inside the border... 2 out of 3 Americans live within 100 miles of the border; No, it does not matter if you have crossed the border or not ....your constitutional rights are null and void in this zone.

      Argh, the entire state of Rhode Island?

      The size of Rhode Island is 1,545 sq miles or 4,000 sq km. Rhode Island is 37 miles (60 km) wide. The length is 48 miles (or 77 km). The capital is

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    134. Re:4th by niftymitch · · Score: 1

      ...Work in law enforcement, national security, or for a politician? Want someone you want searched but can't get the probable cause for a warrant? No worries, wait for them to fly, search 'em at the border and find something suspicious.. now you can search the rest of their property.

      I just think the bit about work for a politician justified the initial Watergate. It is withing 30 miles of the border.

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    135. Re:4th by Anonymous Coward · · Score: 0

      Of course it *is* a democracy...

      Ummm... no. The U.S. is not a democracy. It's a republic. There's a difference. Look it up.

    136. Re:4th by Uncle+Warthog · · Score: 1

      I have personal knowledge that some parts of the government do care about the constitution. I suspect they tend to be the parts of the government that hire the most intelligent people.

      And yet you post anonymously and fail to give specifics. Are you, perhaps, in fear of those parts which do not care?

    137. Re:4th by Anonymous Coward · · Score: 0

      Do you really expect the founding fathers to have anticipated computing devices that can encrypt data?

      They had those - pen and paper and the human mind. They were revolutionaries for crying out loud!

      http://bit.ly/fdBmAS

  3. Hidden volumes? by Anonymous Coward · · Score: 0

    I know they were returned to him, but couldn't he have used hidden volumes or something for his laptop so that they wouldn't ever find it in the first place?

    1. Re:Hidden volumes? by MrQuacker · · Score: 3, Funny

      Logic dictates that you'd send an agent at least as smart as the suspect to do the HD search. Granted, this is the government...

    2. Re:Hidden volumes? by el_tedward · · Score: 2, Interesting

      If it's on the hard drive, and it's not encrypted, one should not expect it to be secret unless you can limit who touches that data. There's tools like those put out Access Data, and some other ones I can't remember cuz I haven't used them in class.. but they make the process of carving data out of a hard drive pretty darn easy.

      FTK (or is it PRTK? I ain't no expert, dawgs) even goes through the hard drive, looks at phrases and words on the disk in some fashion, and creates a dictionary you can use to try to start cracking at any encryption there is :D Lots of money to be made if you want to be a Forensic Investigator, though I'm looking more towards playing with servers in the future..

    3. Re:Hidden volumes? by Ultra64 · · Score: 4, Informative

      He could put the contents of the hard drive on a webserver, wipe the hard drive clean, then download the data once in the country.

    4. Re:Hidden volumes? by AHuxley · · Score: 1

      Depends on the lab set up and what an ex CIA/MI6/GCHQ contractor sold them.
      That hidden formatted file might show, some other random 'data' might give a false positive too.
      So they will then flag a "probably encrypted and being hidden" data structure. Next would be intensive network logging and other hardware/software options to see what your really doing long term at home, work and on other devices.

      --
      Domestic spying is now "Benign Information Gathering"
    5. Re:Hidden volumes? by VortexCortex · · Score: 2, Informative

      TrueCrypt because it works.

      FTK, PRTK?
      Pffft, The FBI knows about those, and still didn't crack the TrueCrypt volume.

    6. Re:Hidden volumes? by el_tedward · · Score: 1

      didn't mean to imply that you would crack the encryption :P

    7. Re:Hidden volumes? by Anonymous Coward · · Score: 0

      Interestingly enough, that is EXACTLY what I did last time I left the country on vacation. Interestingly enough I ran into *ZERO* trouble going through customs, either on the way out, or on the way back. And as much as I hate to say it, insofar as you aren't incriminating yourself or allowing them access beyond current laws, just follow the rules to an annoying extreme and they'll shoo you through pretty fast. (I disassembled basically all my luggage on the way out, and most of it on the way back in. The TSA guys were flabbergasted and told me I only needed to do half as much next time and to please continue through. Foreign customs didn't even use xrays, and after reading over my list of declared items, laughed at me and shooed me through. Point being if you follow the 'rules' far enough, and assuming you aren't carrying anything noticably illegal you've probably got a good chance of making yourself too much work and having them prefer you just leave rather than actually go through the process of wasting their time and effort searching you themselves.

      Mind you there's always the chance they're having a bad day and you being annoying compounds it so they want to inconvenience you. But you're probably MORE likely to have trouble with those guys by being antagonistic anyhow.

      But hey, what do I know. I've only had to do it twice.

    8. Re:Hidden volumes? by Shadowruni · · Score: 2, Informative

      Yes, there is money to be made as an investigator... a lot more to STOP the investigators. You could take every machine in my home (assuming you could find them all which is a lot harder than it sounds - take a notebook out of its case and slurp off of a line in the wall and unless they are REALLY motivated, someone generally won't find it). For all of the respect a lot of agencies get, you've got to remember that the best and brightest DON'T WORK FOR THE GOVERNMENT. Why would they? I've worked with the government enough to know this. For every competent INFOSEC professional, there're 10s if not 100s of incompetent ones. The smart ones get a clearance on their resume and then go work for six figures in the private sector. Just one thing to remember.... crypto isn't meant to stop someone... only delay them. In 1973-1974 IBM came up with a crypto algorithm based on Lucifer, the NSA took it, played with it some (they swapped the S-boxs), and gave it back, it later became known as DES. For years (and even now... which is really silly) people thought that the NSA weakened the code or put in some kind of backdoor. Why the NSA did it (and IBM knew of this method but agreed to keep it secret) didn't come out until about 20 years later. Eli Biham and Adi Shamir published a paper on differential cryptanalysis, the best method for breaking block cryptos. The changes the NSA made actually the code RESISTANT to the attack. This tells us two things. One, the NSA (and IBM) had attacks that others didn't figure out for almost 20 years. Two, they managed to keep it a secret. Hidden volumes, crypto, and solid tradecraft are all good things but when against and enemy with nearly limitless resources (and the tax-free money to rent... er hire for consultation the ones they need) you really don't stand a chance.

      --
      "Chinese Amazons, power armor, laser swords.... things just meant to be." - Shampoo, A Very Scary Bet
    9. Re:Hidden volumes? by wierd_w · · Score: 1

      Bonus if he uses a laptop that has had the hard drive removed "To extend battery life", that is running using something like a knoppix live-cd, or read-only USB stick.

      All "Forensic" data would be instantly destroyed just by cycling the power button, or removing the battery if you are in a hurry. In fact, you could remove the battery to comply with the new TSA guidelines concerning LiON batteries, and claim it as defense if charged with destruction of evidence.

      All his "Incriminating" data (like his porn collection) could be accessible via a secured VPN connection to his house--

    10. Re:Hidden volumes? by wkk2 · · Score: 1

      The encryption might be secure but it sounds like Customs has started filling free space to destroy hidden volumes.

    11. Re:Hidden volumes? by blueg3 · · Score: 1

      It's PRTK. It's not useful if you use TrueCrypt full-volume encryption.

      I personally don't think it's very beneficial, from a resilience-to-search standpoint, to bother having an inner hidden TrueCrypt volume. The outer volume will have a good chance of seeming suspicious. Use full-disk encryption and refuse to give up the password.

    12. Re:Hidden volumes? by Anonymous Coward · · Score: 0

      Don't wipe it clean, fill it with something obnoxious.

  4. Link to longer article at CNET by Anonymous Coward · · Score: 5, Informative
    1. Re:Link to longer article at CNET by QuantumG · · Score: 1

      Don't you Americans think now would be a perfect time to get that silly 4th amendment exception around borders and airports ruled unconstitutional?

      --
      How we know is more important than what we know.
    2. Re:Link to longer article at CNET by Entropius · · Score: 0, Troll

      The Right has too many Americans scared shitless of the brown people to the south. Will never happen.

    3. Re:Link to longer article at CNET by sumdumass · · Score: 1

      The problem is that the founders, who mostly wrote or adopted the US constitution, set the border exception into play in the first congress and the courts have already ruled it constitutional.

      What you ask for will take a lot of creativity and perhaps quite a bit of information that seems to contradict history.

  5. border by Anonymous Coward · · Score: 0

    It's like the duty-free shop of search & seizure.

  6. Finishing the story by the_other_chewey · · Score: 5, Informative

    took his laptop and two cell phones and asked for the passwords needed to access the encrypted material on them.

    ...didn't get them, gave him back his hardware and let him go.

    Really, why try to sensationalize a story by omitting its outcome?

    The fact that something as diriculous as "incoming data storage devices searches" even
    exist should be enough of a story by itself, and that has been known for quite a while.

    1. Re:Finishing the story by Fantastic+Lad · · Score: 1

      Your word-fu is strong. I had to look up "diriculous".

      Anyway, sensationalism, while a bit tabloid, is standard fare for Slashdot and should be expected by now. In any case, the point behind the alarm is perfectly valid, and the on-line forum, which is still a pretty new and amazing cultural phenomenon, offers all the power necessary for readers to discuss any given concerns and thus find balance and truth.

      It's not ideal or entirely mature, but it's colorful and it doesn't actually get in the way. I kind of enjoy it. Like movie posters.

      -FL

    2. Re:Finishing the story by dangitman · · Score: 1

      ...didn't get them, gave him back his hardware and let him go.

      ... after detaining and interrogating him for five hours. I don't care if the outcome was that he got free ice cream and a blow job, that is still ridiculous treatment.

      --
      ... and then they built the supercollider.
    3. Re:Finishing the story by Anonymous Coward · · Score: 0

      thanks, the outcome is exactly what i wanted to know

      i guess i could have read the article, but... nah

    4. Re:Finishing the story by Nocturnal+Deviant · · Score: 1

      Diriculous came from the rescrambling of the word ridiculous. It is defined as something which is completely absurd and plain stupid. Just from looking at it you would know it was silly.
      That hat you are wearing is totally Diriculous.

      Source Urban Dictionary

      Completely nonsensical, but such is life.

      --
      -Noc
    5. Re:Finishing the story by Anonymous Coward · · Score: 0

      gave him back his hardware

      after copying their contents and bugging them, my love

    6. Re:Finishing the story by Xeleema · · Score: 1

      I don't care if the outcome was that he got free ice cream and a blow job, that is still ridiculous treatment.

      Quit your day job....NOW! The TSA needs droves of forward-thinkers like you! Just be sure to strike down their current "gender of the officer is the same as the victim" policy.

      --
      "When I am king, you will be first against the wall..."
    7. Re:Finishing the story by gklinger · · Score: 2, Funny

      I would gladly submit to detention and interrogation for five hours if I were guaranteed some ice cream and a blow job in return. Given that fact, much like liberty and safety, I probably don't deserve either.

    8. Re:Finishing the story by TheLink · · Score: 1

      I doubt I'd want to get a blow job and "ice cream" from a typical TSA goon.

      --
    9. Re:Finishing the story by Nocturnal+Deviant · · Score: 1

      so by googling you are now proven to be a total fucking idiot?

      interesting, i have some pebkacs i should introduce you to, they would love your viewpoint.

      --
      -Noc
    10. Re:Finishing the story by tangent3 · · Score: 1

      Why let the facts get in the way of generating more hatred towards the TSA?

    11. Re:Finishing the story by drinkypoo · · Score: 0, Flamebait

      so by googling you are now proven to be a total fucking idiot?

      thanks for proving my point quite nicely; it's not using google, it's what you do with it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    12. Re:Finishing the story by Anonymous Coward · · Score: 0

      took his laptop and two cell phones and asked for the passwords needed to access the encrypted material on them.

      ...didn't get them, gave him back his hardware and let him go.

      Really, why try to sensationalize a story by omitting its outcome?

      The fact that something as diriculous as "incoming data storage devices searches"
      even

      exist should be enough of a story by itself, and that has been known for quite a while.

      I notice you intentionally left out the next little bit, where it explains why this was a big deal. All those devices must now by definition be considered compromised hardware. They are completely unsuitable for any high-security work and will now have to be replaced. This guy is a major security researcher, he has good reasons to be cautious.

    13. Re:Finishing the story by Fnord666 · · Score: 1
      And yet you turn around and exclude an important implication that Moxie pointed out:

      He refused to do so, and all the devices were returned to him before he was released, but he thinks that there is a high possibility that the contents were copied and that hardware was modified or new keyboard firmware was installed. "I can't trust any of these devices now," Marlinspike said to Wired.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    14. Re:Finishing the story by Fantastic+Lad · · Score: 1

      Seriously?

      EVERY word in use was at one time an uncertain clump of noises groping awkwardly toward common usage. Why, even Shakespeare's...

      Oh whatever. You fill in the rest.

      -FL

  7. format time by luther349 · · Score: 1

    i dunno bought installing anything on his devices if they couldn't get in. but it would be unlawful for them to do so. of course this is the government where talking abought. i say destroy all data re flash keyboard firmware.

    1. Re:format time by Barrinmw · · Score: 1

      Check for inconspicuous chips with antenna...

    2. Re:format time by luther349 · · Score: 1

      yea i would pull that sucker apart as well and even reflash bios.

    3. Re:format time by el_tedward · · Score: 2, Insightful

      I'd smash it with a hammer.

    4. Re:format time by Anonymous Coward · · Score: 0

      Reformat? What a waste.
      He should take advantage of the opportunity and hand the machine over to an organization with the capability to perform the most detailed examination of hardware, software and firmware to produce hard evidence (if it should exist) of EXACTLY what was done to the machine by the agents.

    5. Re:format time by faclonX · · Score: 1

      I'd sell it to someone I really didn't like........

      --
      It had to be done... It had to be said...
    6. Re:format time by Anonymous Coward · · Score: 0

      Obligatory Aliens reference

      "Nuke it from orbit, It's the only way to be sure"

    7. Re:format time by mgcarley · · Score: 1

      Combine the three.

      Bring a cheapie (or even an old, retired machine).

      If they take it away at all, when/if they return it to you, take the machine and hurl it with full force at the wall or ground and stamp on it (lots) as much as possible - in front of them.

      If possible, remove the hard drive and repeat. ...it might make you look slightly maniacal, but all they need to know is that you can no longer trust the device and the moment it left your sight it became useless and/or potentially dangerous to use.

      --
      Founder & COO, Hayai India (hayai.in) / USA (hayaibroadband.com) // t: @mgcarley
  8. Time for him to invoke the china visit policy... by nweaver · · Score: 2, Interesting

    I worked through this policy myself as an intellectual exercise (A protocol for China. Or Defcon. Take your pick).

    Basically, take a laptop with an easy to swap hard drive. Swap in a new drive, with a clean image, and no access credentials except to a temporary dropbox account for emergency mail and/or working set.

    Now if you are intercepted, there is no data TO capture, and you can remove all but hardware/bios trojans by a wipe and reinstall.

    As a bonus, you can just take out the drive, hand it to customs, and let them have fun with it.

    --
    Test your net with Netalyzr
  9. How to get away with it by Anonymous Coward · · Score: 0

    No, I cannot give you the password for the harddrive encryption Sir.

    You see this is not my laptop. It belongs to a company myname plc. If you want to obtain passwords for it you have to approach our legal department about it.

  10. Nothing to hide... by Datamonstar · · Score: 1
    How the hell would you even know that you don't?

    "There is someone somewhere who wants access to something on my laptop or my phone and they can't just come and ask me for it. And they can't get a warrant without suspicion. So, they wait for me to travel internationally because at the border they can do anything they want."

    It's not about the hassle of it all. it's not about having the "peace of mind" that privacy as we often refer to it brings, and it's not about sheer rebellion. We want to keep our freedom at the borders for simple reasons like this one. The possibility that ridiculously strict flight checks could have much wider impact that what is currently purported. Just like how a company recalls defective products for the small possibility that someone could get hurt. Why aren't our laws as reasonable as that? Because it's much easier to use fear and lack of knowledge in a shot-gun approach to looking capable at security while getting some gravy on the top in the form of a social surveillance mechanism. So far, it's working.

    --
    The eternal struggle of good vs. evil begins within one's self.
    1. Re:Nothing to hide... by luther349 · · Score: 1

      heck i would encrypt my entire machine just for the kick of doing it. then make them go threw all the hassle or braking the crypto getting a warrant etc just to find knoething. other then maybe a text file saying did you enjoy wasting all that time.

    2. Re:Nothing to hide... by Anonymous Coward · · Score: 0

      Don't forget to be polite but unhelpful the whole time.

    3. Re:Nothing to hide... by Anonymous Coward · · Score: 0

      ... And then enjoy your future life after those bags of white powder mysteriously turn up in your luggage.

  11. The constitution is pretty vague. by pavon · · Score: 4, Informative

    The constitution only protects against "unreasonable" search an seizures, with unreasonable being up to the interpretation of the courts. Border searches have long had a broader definition of reasonable (since the very first session of congress), and are not limited to safety and contraband. FindLaw has additional commentary on the issue.

    1. Re:The constitution is pretty vague. by afidel · · Score: 5, Interesting

      I'm still not giving up my passwords on fifth amendment grounds even if I have nothing to hide. In fact I've told a TSA goon exactly that when they asked me to login to my laptop at a screening checkpoint. They could see it wasn't a bomb from the xray and by me powering it up, the only thing that logging in could have possibly done is get me into trouble for the contents of my machine.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    2. Re:The constitution is pretty vague. by fyngyrz · · Score: 4, Informative

      The constitution only protects against "unreasonable" search an seizures, with unreasonable being up to the interpretation of the courts.

      No, the constitution protects against unreasonable searches and seizures, and then it specifically defines what that means: "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

      The idea that the definition of unreasonable in this context isn't clear and present is a myth that is instantly dispelled if you simply read the 4th amendment. It's right there, plain as day.

      --
      I've fallen off your lawn, and I can't get up.
    3. Re:The constitution is pretty vague. by jopsen · · Score: 2, Interesting

      How about using the right to shout up and not to incriminate yourself... ?
      I believe it's a fundamental human right...

      Question is if the US respects these ? or if they're just going to waterboard you... :)

    4. Re:The constitution is pretty vague. by R2D5 · · Score: 2, Insightful

      Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. — Benjamin Franklin

    5. Re:The constitution is pretty vague. by zippthorne · · Score: 1

      TSA != Customs & Immigration...

      TSA doesn't even have the right to exist if you insist on a strict interpretation of the constitution (and.. what other kind of interpretation makes sense? It's not a "living document" because you can interpret it to mean whatever you want, it's because you can amend it after a furious debate to mean whatever you can convince everyone to agree to.)

      Customs on the other hand... Article 1 Section 8, "To establish an uniform Rule of Naturalization" maybe.

      --
      Can you be Even More Awesome?!
    6. Re:The constitution is pretty vague. by couchslug · · Score: 2, Interesting

      "They could see it wasn't a bomb from the xray and by me powering it up, "

      Think it's annoying now, wait until some enterprising Jihadist figures out that the only barrier to making explosives that look like battery cells under x-ray inspection is bit of trial and error and some machine shop time to fab the tooling for fake cells. You don't need all the cells to power up a notebook for testing.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    7. Re:The constitution is pretty vague. by Anonymous Coward · · Score: 0

      that's what the 5th amendment is

    8. Re:The constitution is pretty vague. by Anonymous Coward · · Score: 0

      How about using the right to shout up and not to incriminate yourself... ?

      I believe it's a fundamental human right...

      Question is if the US respects these ? or if they're just going to waterboard you... :)

      This post is a reply to

      I'm still not giving up my passwords on fifth amendment grounds

      and he gets a +3 Interesting????

    9. Re:The constitution is pretty vague. by pavon · · Score: 1

      Read my link. Warrants have never been required for border searches, and it was never the original intent of the founding fathers for that to occur. The definition is unreasonable is based far more on common law interpretation than you presume.

    10. Re:The constitution is pretty vague. by fyngyrz · · Score: 3, Informative

      Warrants have never been required for border searches, and it was never the original intent of the founding fathers for that to occur.

      Border searches are not authorized by the constitution, they were an imposition of the 1st congress in 1789, an illegal end-run around article V, which dates from 1787. Consequently it doesn't matter one bit what the "standards" are for them. Until article V is used to make them an authorized power, they're an usurped, illegal procedure.

      The definition is unreasonable is based far more on common law interpretation than you presume.

      The constitution overrides and obsoletes common law; that's what it is there for, to reset the line and provide a new starting point because the previous situation was out of hand.

      It provides a list of authorized powers, from which the federal government may make certain very limited types of laws.

      As of 1791, it also provided a list of forbidden areas, into which the federal government may not go, and as it happens, that includes forbidding warrentless searches everywhere in the domain of the federal authority, because the restriction makes no kind of exception for any locale. So not only are warrentless searches illegal by virtue of not being an authorized power, the same people who made the law (quite sensibly) ruled them out just a few years later.

      I'm not saying the feds shouldn't have such a border power based on any objection I might have with the idea of searching incoming foreigners; I'm saying it's unauthorized, and short of article V, there's no other way around that.

      WRT common law, citing pre-existing English (or French, if you're from Louisiana) law is typical judicial dancing on the head of a pin, smelling its own farts. This isn't England (or France.) The whole point was to strike English law from our domain. To any extent that wasn't done, my take is that it's constitutionally invalid. I'm open to other arguments, but I've yet to encounter one that trumps the constitutional one. If the constitution wasn't put here to reboot the law, as it were, then what is it for? We already had English law for just about anything you can imagine, after all.

      I should point out, though I would hope it is obvious, that I am well aware that the courts don't agree with what I am saying here; my response to that is that (a) that's my point, and (b) they are in violation of their oaths which say they will support the constitution, not old English common law, and (c) in point of fact, the constitution doesn't award them the power to disagree when something is outright forbidden, as warrentless searches and seizures are, and (d) the constitution doesn't award them the power to cobble up laws that stand outside the list of authorized powers, and (e) it isn't that I have any expectation that the government will do the right thing at this juncture, I am simply interested in the public learning what the right thing is.

      Final point: The constitution is the authorizing document for a brand new government that in no way is "of England." Not for some specific derivative, or modification, of England's government. The constitution describes what this new government can do, and what it can't. Nowhere in the constitution does it say that the new government may incorporate English law, common or otherwise. Since that's not an enumerated or otherwise authorized power, in order to get such a power, article V must be pursued successfully, and as they did not do that, English common law is not valid American law. Ergo, the judiciary is breaking its oath, and much of the law is unauthorized.

      --
      I've fallen off your lawn, and I can't get up.
    11. Re:The constitution is pretty vague. by dslbrian · · Score: 1

      I have an encrypted drive on my laptop which has the same basic problem you describe. For this situation there is an easy workaround, just pop a live CD (I use a Puppy Linux live CD) into the drive and set the bios to boot from CD. It boots a little slower, but there is no login issue.

      Another option is to put a live CD image on a USB stick and bury the stick somewhere in the laptop innards, then have it boot from that (essentially a small second HD hack, since most laptops don't have extra HD bays).

    12. Re:The constitution is pretty vague. by Fnord666 · · Score: 1

      ...the only thing that logging in could have possibly done is get me into trouble for the contents of my machine.

      Nothing to worry about citizen, unless you have something to hide?

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    13. Re:The constitution is pretty vague. by Anonymous Coward · · Score: 0

      You sir, are an idiot.

    14. Re:The constitution is pretty vague. by xded · · Score: 1

      I'm just waiting for that, so that they will try to ban batteries from checked-in luggage and it will all fall apart.

  12. Big Sis is gonna love this! by Anonymous Coward · · Score: 0

    Our story begins with Moxie Marlinspike seated in a detention room. Unbeknown to his interrogators, he had shipped his real laptop and cell phones ahead of his flight.

    Fed: What's the password of your PC?

    Moxie: Goatse.cx

    Fed: How's that?

    Moxie: You know, "goat sex"

    Fed: Huh? Er, how are you spelling that?

    Moxie: G O A T S E dot C X

    Fed: Oh, okay.

    Enters password, waits for the PC to boot. Upon booting, the desktop background is the infamous image. And the hard drive is filled to capacity with files having the most intriguing names. One by one the agent opens files only to discover every single one contains the infamous image.

    Fed: Thinking to himself: I have got to make a copy of this--Big Sis is gonna love it!

    1. Re:Big Sis is gonna love this! by wierd_w · · Score: 1

      Better yet, re-appropriate that Japanese malware that overwrites all files with manga images of squid and octopi, but replace the image resources with the infamous "Hello" image.

      Be sure to place it in a "specially formed image" (like the infamous PDF exploit bug, the EMF bug, or any number of other "drive by infecter" vectors), so that when the TSA goon scans for kiddie porn on his forensic terminal, he gets more than he bargained for. Bonus if you use multiple infecters for full system agnosticism. (EG, some target linux, some target Mac, etc..)

  13. Looking for what they don`t comprehend. by Anonymous Coward · · Score: 0

    He should`ve walked back to America, or get off the plane at a precisely more frugal waypoit. I bring a parachute with me on every flight and it will save my life more than a blow-up preserver or overhead oxygen dispensor ever would. It is the point of encryption to isolate searchable data from encrypted data known as an executable. Customs shouldn`t search his binaries when they are looking for porn on someone` laptop in all the wrong places. Some of us need to b e somewhere, especially consultants and bankers!.

    1. Re:Looking for what they don`t comprehend. by Zontar+The+Mindless · · Score: 1

      I bring a parachute with me on every flight and it will save my life more than a blow-up preserver or overhead oxygen dispensor ever would.

      ...when you get blown out the window doing close to the speed of sound, 5 or 6 miles above the ocean.

      Yeah, right.

      --
      Il n'y a pas de Planet B.
  14. And he didn't realize this would happen to him? by mikein08 · · Score: 2, Insightful

    If the govt. is interested in you, it's going to be interested in your computers and cell phones. Makes sense, right? So if you don't want the govt. diddling your electronics, don't carry them on airplanes or across an international border. Isn't that pretty simple? The alternative is to have multiple sets of cell phones and computers: one set with all the good stuff on it, one set with nothing important on it that goes with you on planes and across borders so the government agents will have something to amuse themselves with when they detain you.

    1. Re:And he didn't realize this would happen to him? by Anonymous Coward · · Score: 0

      It's only simple if you have something to hide.

    2. Re:And he didn't realize this would happen to him? by hedwards · · Score: 1

      I wonder, why is it that the individual coming across the border with child porn gets busted when the TSA agents are briefly in possession as well. Strikes me as somewhat unfair that they get to possess child porn when nobody else does. Especially since the laws don't require the possession to be on purpose.

  15. Quick question by lennier1 · · Score: 1

    What exactly is the advantage of harassing one of the good guys?

    1. Re:Quick question by PatPending · · Score: 4, Insightful

      It's about questioning authority. It's about unreasonableness. It's about personal liberty & heavy-handed government. It's about "give an inch and they'll take a yard." (There's more but I hope that's sufficient.)

      --
      What one fool can do, another can. (Ancient Simian Proverb)
    2. Re:Quick question by Anonymous Coward · · Score: 0

      What exactly is the advantage of harassing one of the good guys?

      Good guys don't use "anti-terrorism" as an excuse to fist your GF's vagina in case she has a bomb up there.

    3. Re:Quick question by lennier1 · · Score: 1

      You realize that "good guy" refers to the security expert, not the TSA goons?

  16. Great, now it's trash. by VortexCortex · · Score: 5, Insightful

    I would never trust my hardware again once I had handed it over to some customs (or other government agent) goons, and it left my sight. I would rather just remove the hard drive and hand it alone over to them, at least then I wouldn't have to trash the whole thing.

    There's really no way to be 100% sure you successfully "re-flashed" the BIOS, or cleaned all hardware as some posters have said they would do. Not to mention: There could be additional hardware installed, 5 hours is a long time...

    You could tear your machine apart and inspect it all you want, but it's well known once the enemy has unfettered physical access to a device, all bets are off.

    1. Re:Great, now it's trash. by the_humeister · · Score: 3, Insightful

      Paranoid much? Shit, you could say that about new hardware as well. How do you know the manufacturers didn't put some virus/trojan, inadvertently or maliciously, on the devices you bought (especially now that most of those devices are made in China)?

    2. Re:Great, now it's trash. by n3r0.m4dski11z · · Score: 1

      well you can still sell it so not all would be lost. Infact that would be the thing to do!

      --
      -
    3. Re:Great, now it's trash. by lakeland · · Score: 4, Informative

      Right, and if you read the CNET article he mentions that he's already disposed of all the checked hardware.

      He also mentioned that the extra cost of hardware + embarrassment of missing meetings due to being detained and missing flights means his business is losing contracts and money, and he's thinking of refusing international clients. Maybe that's the government's goal.

    4. Re:Great, now it's trash. by Anonymous Coward · · Score: 1, Informative

      I'm a bit paranoid like yourself once h/w is handed over, so I use some simple rules to justify throwing away my laptop:

      1. Record the EXACT head position/orientation of all the external screws

      2. Cover each major screw with with a small round sticker that uses a glue with an infrared die mixed-in - if its lifted the second time the underside hits air it changes color in the uv spectrum, easy to detect.

      3. Record bios f/w versions and hashes, check them after return of laptop.

      4. Maintain a hash of all the OS files, check them after return of laptop

      5. Have a key-logger turned on just before you enter the airport - turn off once you arrive at your location. Check logs once the laptop has been returned.

      If any of the above are not right, I'd throw it away without thinking twice, and more importantly don't use the machine for anything until the above can be verified, its actually quite a cheap process and saves a lot of money in the long run.....

      Thus is the price of paranoia

    5. Re:Great, now it's trash. by dbIII · · Score: 3, Informative

      You don't just have to be paranoid about government interference to be worried when there's ordinary crime along the lines of the ordinary thefts that we already see.
      For instance the low paid TSA guys could be paid kickbacks to put keyloggers on there so that criminals can get credit card numbers. The lack of accountability would mean that it would be a very long time before somebody in that position would be caught even if there was a lot of evidence.
      Personally I think we should get rid of that entire knee-jerk reaction organisation and replace their security guard style workforce with professional law enforcement with a clear chain of command and true accountability as was recommended in the first place. We wouldn't need anywhere near as many people and it would not cost as much. The only downside is it takes time to train such a group. We've got time, we've already had seven years of the sort of security staff you have to prevent shoplifting.

    6. Re:Great, now it's trash. by metrometro · · Score: 2, Insightful

      Logging things done by a random buyer isn't the same as logging things by the guy we'd really like to know more about.

    7. Re:Great, now it's trash. by metrometro · · Score: 1

      Any security system that complex is a joke. Humans are always the fail point, and this little set of rules begs for fail.

    8. Re:Great, now it's trash. by Dan541 · · Score: 2, Insightful

      With the price of hardware these days it's hardly worth even getting it back. Once it's compromised; it's compromised.

      I agree, once it's been in the hands of an adversary you just can't trust it any more. I would purchase a new laptop over the counter reload the encryption and restore from secure backup.

      I had to do this recently after having a system stolen. Fortunately everything was switched off and demounted at the time but it has made me think about the possibility of running remote wipe software so that if something is lost while a session is in progress I have one extra counter measure available. Would also be good in the unlikely event that encryption was somehow broken, have the system phone home to a command file as soon as it connects to the internet. Obviously not fool proof but each additional security layer is a plus.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    9. Re:Great, now it's trash. by Charliemopps · · Score: 1

      The fact of the matter is, they're after him. He can't trust ANY of his hardware now. If he buys a new laptop, he'd better sleep with it under his pillow.

    10. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      Especially after we've had some articles on slashdot in the past about some chinese manufacturers doing -just- that.

      Still, the odds of the government putting malicious code on your shit after detaining you for 5 hours then suddenly letting you go and giving it back is kind of high in my books.

    11. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      The real question is how do you know that while you were detained that they didn't screw with the backup? Your new hardware may be compromised by a backup/or a download of a program that you use to restore the backup with. Remember if they can compromise the tools at the airport, and the tools at home, and the tools being passed over the wifi. There is little you can do to be sure you aren't being monitored. At least not if they do this every time you've entered the states/and or have the ability to detain and separate you from your hardware.

    12. Re:Great, now it's trash. by Dan541 · · Score: 1

      That is why you should always have a remote backup. If your adversary gets hold of it then it's not remote enough.

      --
      An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
    13. Re:Great, now it's trash. by thriemus · · Score: 1

      I say we take off and nuke the entire laptop from orbit, it's the only way to be sure.

      --
      - Sig
    14. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      I'm careful and pay attention to detail, so it works fine for me, and at the end of the day, isn't that all that really matters?

    15. Re:Great, now it's trash. by zippthorne · · Score: 1

      Personally, I think we should scrap the whole organization.

      We don't need to replace them with anything except maybe the ordinary police presence that would be anywhere large pools of people are. But there's really very little benefit to screenings and such.

      Just "be on the lookout" and maybe use dogs around the baggage handlers.

      9/11 was over after the third plane. The passengers of the fourth plane got the message that the rules had changed, and took care of it themselves. (well, almost. It would be better if they'd regained control of the aircraft before it encountered terrain.)

      It's not that "we can afford a few terrorist attacks." It's that the cost of building a wall to maybe prevent them is doing more damage to our economy, health, and civil rights than the actual attacks would do.

      It's far more effective to build up the ability to react quickly (in terms of emergency services and military response), and use the armed forces like a spear, to find and address threats individually, than to try to build an all-protecting shield.

      --
      Can you be Even More Awesome?!
    16. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      "He also mentioned that the extra cost of hardware + embarrassment of missing meetings due to being detained and missing flights means his business is losing contracts and money, and he's thinking of refusing international clients. Maybe that's the government's goal."

      Another option would be moving his business overseas and not bothering with US clients.

    17. Re:Great, now it's trash. by demonlapin · · Score: 1

      Or:

      1. Store your data in the cloud.

      2. Buy a new netbook with cash when you arrive at your destination.

      3. Sell it when done.

      If you're that important, you can afford this.

    18. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      You are not paranoid when they are really out to get you. 5-hours? WTF were they doing? They could have imaged his drive and sent him back on his way in less than 15 minutes (including HD removal/replacement time). An american citizen was detained (harrassed) by the US custom service for more than 5 hours FOR NO DAMN REASON. They going to give him those 5 hours of his life back?

    19. Re:Great, now it's trash. by Anne_Nonymous · · Score: 3, Insightful

      >> embarrassment of missing meetings due to being detained and missing flights

      As disgusting as this whole episode is, the detention probably works for him, rather than against him. I didn't know this guy's name until a few days ago. Additionally, how many people do you know who are such security studballs that the whole US Government is out to intercept them at every turn?

    20. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      I don't have time to buy and sell h/w. I'm not important but when traveling my time is very limited.

      Furthermore the amount of data I transport is quiet large, storing it on a cloud would require a download time that would probably take a lot longer than the entire time I plan on staying in the US.

    21. Re:Great, now it's trash. by Anonymous Coward · · Score: 0

      I can only hope he sees reason and simply refuses American clients by moving to Europe or a more friendly country.

    22. Re:Great, now it's trash. by Ungrounded+Lightning · · Score: 1

      Especially after we've had some articles on slashdot in the past about some chinese manufacturers doing -just- that.

      Not to mention chip companies building it in and selling it as a feature. (See "Intel AMT" for one example.)

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  17. Travel Tip by Anonymous Coward · · Score: 5, Interesting

    I travel to the US a lot for business. What I do is Fedex my "real" hdd to the hotel I'm planning on staying at, usually 1 day before travel to the US is enough for it to be there waiting for me when I arrive at check-in (obviously its an encrypted disk).

    I travel with my laptop, with a small capacity hdd that has a clean install, some common oss apps installed, some bogus documents downloaded from scribed, some fake e-mail accounts with credentials saved in firefox and some typical surfing history. The aim is to make them feel like they've found the stuff they're looking for and that there isn't anything worth pursuing - rather than trying to be a smart-ass that makes them even more intent on performing those unwanted rectal examinations. I've had my laptop taken twice in the last 3 years, and on both occasions after providing access details, I was given the laptop back within 5-10mins, other people i know that tried to screw over the TSA/customs by not providing all the access details they wanted, ended up never seeing their machines again.

    Though now with the new scanners at play in the airports, I'm trying to reduce my travel to the US to a minimum. If I have to travel, I charge a premium for the various inconveniences endured, most clients are sympathetic and pay without much fuss.

    1. Re:Travel Tip by PatPending · · Score: 1

      Interesting for its simplicity. However for those technically inclined, this is also a viable alternative. (From another post in this very thread.)

      --
      What one fool can do, another can. (Ancient Simian Proverb)
    2. Re:Travel Tip by PolygamousRanchKid+ · · Score: 2

      I What I do is Fedex my "real" hdd to the hotel I'm planning on staying at, usually 1 day before travel to the US is enough for it to be there waiting for me when I arrive at check-in (obviously its an encrypted disk).

      Nice tip, but given the latest Al Qaeda shenanigans in Yemen with printer cartridges, shipping hard disk drives will probably be forbidden real soon.

      I have traveled to the US on business a lot before 9/11 and a few times after 9/11. The difference in "security" is frightening . . . I'd call it "siege mentality." When the security folks look at my laptop, and I show them my company ID badge, that gets me passed through, no questions asked. But I have to wonder, what do you do if you work for Airbus, and have confidential material on your machine? Will the TSA pass that along to the CIA, who will sell it to Boeing?

      Back before 9/11, I often traveled to Austin, Texas on business trips, and I would always get to the airport early, when no one was in the check-in line. One time the guy doing the check-in looked at my passport, and said, "Hmmm. Born in Camden, New Jersey. Passport issued by the US Consulate in Frankfurt, Germany. This is obviously a fake." It took me a couple of seconds to realize that he was joking, and then we talked about where he was stationed in Germany during his time in the armed forces. He gave me coupons for free drinks on the national leg of the journey.

      This type of light humor is missing these days. Everything is so god-damned serious.

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    3. Re:Travel Tip by mattpalmer1086 · · Score: 1

      What do you do with the hard drive when you leave?

    4. Re:Travel Tip by Anonymous Coward · · Score: 1, Informative

      The same, just use the same box it came in and FedEx it back home. Usually arrives a day or so after I arrive.

      The reality is like this hippie guy, when I arrive at my destination, I need to do business-perform work, if I don't or can't I loose value in front of my clients, hence such steps are necessary.

      I always add the extra costs (+10%) into my bill so I don't loose anything in the long run (and I claim the costs back through a tax refund kachingx2), however sometimes I wonder that its a shame that such things need to be done.

      That said there's a lot more work in Europe most of which is slightly higher paying than the consulting gigs I do in the US, my next 5 year plan is to slowly switch over to Europe and east Asia, the US doesn't have much left for me.....

    5. Re:Travel Tip by makomk · · Score: 1

      But I have to wonder, what do you do if you work for Airbus, and have confidential material on your machine? Will the TSA pass that along to the CIA, who will sell it to Boeing?

      Again, like they have done before? Probably.

    6. Re:Travel Tip by Anonymous Coward · · Score: 0

      The cartridges were toner cartridges, which are not small to begin with and can be very large depending on the type of device they are intended for. Hard drives, on the other hand, are small, and can get even smaller when you talk about laptop hard drives and micro drives.

    7. Re:Travel Tip by blackraven14250 · · Score: 1

      Toner cartridges also are built to carry liquids. The explosive they tried to use was a liquid. See why hard drives just wouldn't work for that attack?

    8. Re:Travel Tip by hedwards · · Score: 1

      Except that ICE has the legal right to open and examine any packages that FedEx, UPS or USPS ships across the border.

    9. Re:Travel Tip by Phroggy · · Score: 1

      Toner cartridges also are built to carry liquids. The explosive they tried to use was a liquid. See why hard drives just wouldn't work for that attack?

      Um, toner isn't liquid, perhaps you're thinking of ink cartridges?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    10. Re:Travel Tip by TurtleBay · · Score: 1

      Why perform security theater is nobody is in the audience. It isn't like terrorists are going to want to take down a cargo plane anyways.

    11. Re:Travel Tip by Cosgrach · · Score: 1

      Good advice. I generally take it a bit further - I ship everything ahead except for my old crappy cell phone, a book and my ID and some cash. I will NOT check baggage and too much carry on is a pain. However, for the most part I take the train when I can.

      --
      Why is it that most of the people that I encounter seem to have been shat from the Sphincter of Mediocrity?
    12. Re:Travel Tip by Anonymous Coward · · Score: 1, Interesting

      That's true, they do have the right to check packages, however the location I come from, plus the fact that the package is secure checked and insured prior to packaging at the source FedEx location and that it is listed as important business documents means it gets through without much of a look.

      In short the probability for a search of my package compared to packages coming from other destinations is far less likely, its a numbers game...

      I'm essentially gaming the racist/redneck/hillbilly profiling techniques screeners at US customs use. To date I've been very successful, furthermore I don't see it changing anytime soon.

    13. Re:Travel Tip by blackraven14250 · · Score: 1

      Bah, yeah, you're right. I'm still pretty sure it's a sealed container, though, and is also much bigger than a hard drive.

    14. Re:Travel Tip by BiggerIsBetter · · Score: 1

      The reality is like this hippie guy, when I arrive at my destination, I need to do business-perform work, if I don't or can't I loose value in front of my clients, hence such steps are necessary.

      I always add the extra costs (+10%) into my bill so I don't loose anything in the long run (and I claim the costs back through a tax refund kachingx2), however sometimes I wonder that its a shame that such things need to be done.

      A professional should be polite and courteous, and should also watch their spelling. Details matter.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    15. Re:Travel Tip by Anonymous Coward · · Score: 0

      Better to leave your data on a remote computer. Buy a cheap machine locally and SSH/VPN/VNC in.

  18. Re:Time for him to invoke the china visit policy.. by spongman · · Score: 1

    better still: cat /dev/urandom > /dev/hda # eat my highly-encrypted shorts

  19. You can't wipe BIOS by Anonymous Coward · · Score: 1, Insightful

    It's in the on-board flash ROM, so you can't easily wipe or check its integrity. Not only BIOS can be reprogrammed, but hardwares like GPUs, peripheral controllers have its own ROM with complete RTOS in some cases. I have a RAID controller I've got from a junkyard. I noticed it has intel logo on the big chip, googled it and turned out it was a ARM-based single board computer which seemed to be capable of running full GNU/Linux.

  20. Competent? by www.sorehands.com · · Score: 0, Offtopic

    >Customs is a legitimate and competent part of the government

    Really? Customs have become an arm of the MPAA and RIAA.

    Yeah, we need CD-Rom sniffing dogs, not monitoring illegal aliens, not enforcing laws that punish employers that hire illegal aliens at half of minimum wage.

  21. Simple solution sparky by Anonymous Coward · · Score: 0

    There is a very simple solution to all of this sparky. Put data on the internet in an encrypted format. When you are away, you put the information up. Leave the computers and phones clean. Squeaky clean. Annoyingly clean. Oh sure, maybe you can put up some really bad videos, and ads about how the TSA and FBI are violating rights for detaining travellers an inappropriate amount of time. You can encrypt something with a hard cipher, a message such as "Its wrong for the NSA to steal other peoples data, and then demand passwords."

  22. Re:Time for him to invoke the china visit policy.. by AHuxley · · Score: 1

    Reinstall into hardware they scanned and logged all the unique stats off? You can wipe, change some hardware numbers but they will just look for your computer again.
    Why glow so bright online but they will get back to you via a sneak and peek soon enough.

    --
    Domestic spying is now "Benign Information Gathering"
  23. Shamir's method, 1979 by Anonymous Coward · · Score: 0

    Shamir's method is proof against production requirements if you do it right. Any whitehats traveling international should become familiar.

  24. What's so important to warrant harrassing millions by mykos · · Score: 5, Insightful

    I can't think of a single thing that could be carried on any laptop that warrants the harrassment of millions a year.

    Even if a 9/11 scale event happened every single year, it would take more than four years to match a single year of alcohol-related deaths in the U.S.

  25. It probably is by Sycraft-fu · · Score: 2, Informative

    Problem is it is going to have to get tested in courts, mostly likely the supreme court, and that takes time. Searches at the border themselves are completely legal. That has been established long ago. You have no expectation of privacy there, and the government has a right, and duty, to secure its borders. However the idea behind this was searching for contraband more or less. A regular search. The whole "copying your entire harddrive" or "taking your computer and not giving it back for months" is not something that was considered because such devices weren't around.

    Well that being the case there's three ways this could change:

    1) The president could order it stopped. Even if the government does have the authority, they don't have to exercise it. However the whole thing started with the executive and it is pretty clear the president has no wish to put a stop to it.

    2) Congress could pass a law stopping it, or more generally defining what is and is not allowed in border searches. Pretty clear they are not at all interested in that.

    3) The Supreme Court could find the searches unconstitutional. I think there's a reasonable chance that would happen, but only if a case reaches them. Unfortunately that is kinda hard. More or less someone has to either be convicted of criminal charges base don evidence obtained in this way, or harmed by it in some manner giving them standing to file a suit. It then has to work its way up. Also, it needs to be a good case. Any civil rights lawyer that would take it up to the SC would want a solid case because if you lose, then you are fucked and getting it reversed would be near impossible.

    As such this shit will probably continue for a good while.

    What you can do about it is write to the president and your representatives and let them know this is an issue that matters to you and one you'll vote on. The only hope of getting the practice changed any time soon is to get the president to order it halted, or congress to pass a law preventing it.

    1. Re:It probably is by Intrinsic · · Score: 1

      What you can do about it is write to the president and your representatives and let them know this is an issue that matters to you and one you'll vote on. The only hope of getting the practice changed any time soon is to get the president to order it halted, or congress to pass a law preventing it.

      Yeah, like when we called our representatives to opposed the bailout bill with overwhelming support and look what happened? Good luck with that.

    2. Re:It probably is by Wandering+Idiot · · Score: 1

      You're right, collapsing the entire global economy would have been far better than making some low-interest loans that we're mostly getting back.

    3. Re:It probably is by CrimsonAvenger · · Score: 1

      You're right, collapsing the entire global economy would have been far better than making some low-interest loans that we're mostly getting back.

      I see this mentioned fairly frequently. But when I check the Treasury's Historical Debt Outstanding page, the numbers I see for the debt increase are pretty much consistent with the deficits reported for the last few years.

      Which deficits included the Stimulus, the Bailouts, that sort of thing.

      In other words, the government's own websites support the idea that those "low interest loans" are NOT, in fact, mostly being repaid.

      Note, for those who are interested, that the National Debt has increased 50% over the last three years....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
  26. Good responce to the TSA and Customs by JohnRoss1968 · · Score: 1

    Here is how he should have responded...
    http://www.youtube.com/watch?v=XierBpLGgwQ

    1. Re:Good responce to the TSA and Customs by JohnRoss1968 · · Score: 1

      or with a little research and some photoshop, find out who will be doing the search and have a series of pictures of that persons wife/husband at a really twisted sex party having a great time.
      It would be embarrassing to have to work there after everyone saw the "evidence". Not to mention the higher ups would probably see it.

    2. Re:Good responce to the TSA and Customs by Anonymous Coward · · Score: 0

      Could always put the higher ups *IN* on it.

      Ever wonder how joe got his job with the TSA? NOW. WE. KNOW.

      I'm pretty sure there's some sort of law against that :D

    3. Re:Good responce to the TSA and Customs by camperdave · · Score: 1

      What makes you think you'd get a phone call, especially after giving the customs agent the finger? You have no rights at the border.

      --
      When our name is on the back of your car, we're behind you all the way!
    4. Re:Good responce to the TSA and Customs by ObsessiveMathsFreak · · Score: 1

      Heh, The Matrix. Remember back in the 1990s when everyone made fun all the grungers, cyberpunks, and goths for being anti-establishment....

      Well, who's laughing now!?!

      --
      May the Maths Be with you!
  27. THEY WANT TO FIND ILLEGAL MATTER ON IT. by Anonymous Coward · · Score: 0

    There are no safeguards for these thugs of Customs-enforcement from puting those materials onto the computer's magnetic storage because there is a financial incentive that rewards for displacing such content onto those tools.

    It looks to me like all these Federal agencies are just a bunch of perverts that show-up and say they want you to sell them Child Porno, Alcohol, anti-United States media, Fire-Arms, Tobacco, and nuclear weapons: what are they going to do with such material when they have hold of it, other than enjoy it like the rest of the world does?

    Tell them to get their own porno, they don't need my computer to watch porno on or use my computer to download and watch porno on. No safeguards whatsoever, and they are running a-muck about it with their double-speak words.

    Customs: "HEY MISTER, WE ARE LOOKING FOR PORNO! GIVE US YOUR COMPUTER! WE WANT TO FIND PORNO!"
    Me: Porno is immoral material, and I don't want you to put porno on my computer.
    BATFE(ces): "HEY MISTER, we want to shoot your guns and ammo while we smoke your cigars and drink boos, give to us now"
    Me: Cigars are for my pain-relief, Alcohol for me to forget the stresses of the day, and the fire-arms are for protecting myself and others from any that take property without compensation even if ployed by unethical currencies."

  28. Re:What's so important to warrant harrassing milli by orphiuchus · · Score: 1

    I think that last point is a little silly, but I agree that there isn't anything good reason for them to be looking at the data on laptops. The only possible reason I can think of is that they hope to get lucky and stumble across something objectionable, like child pornography or .txt files containing detailed contact information for Osama.

  29. Yet another exciting episode in by Anonymous Coward · · Score: 0

    The soon to syndicated series - "so much for the forth amendment". Check your local listing for the next show time and channel!

  30. No Need To Travel To Work by Oassist1 · · Score: 1

    No need to travel to work if you work from home. I own a St. Louis Marketing firm, I should know!

    --
    Kathryn Sias http://www.oassist.com http://www.kathrynsias.com
    1. Re:No Need To Travel To Work by Existential+Wombat · · Score: 1

      Bollocks.

  31. If you are that paranoid by Sycraft-fu · · Score: 2, Insightful

    Then get rid of your computer. Seriously, because something like that you aren't talking half-assed law enforcement agency (which is what CBP is) you are talking national intelligence agency that really, really, wants your shit. Well you think that the only time they could pull something like that is at an obvious stop? Not hardly. They could do it before you ever get your hardware. So you order a new motherboard, they intercept the motherboard in transit, replace it with one they've modified, and on it goes to you.

    At some point, you have to realize that it is just not worth it, you aren't as valuable as you think you are, and simply trust that your computer is probably fine. If you jump at shadows as badly as your post suggests, then you can never trust any computer ever that you didn't personally build every part on yourself.

    1. Re:If you are that paranoid by camperdave · · Score: 1

      A well known computer security hacker is valuable, however.

      --
      When our name is on the back of your car, we're behind you all the way!
  32. they're coming to take us away by taniwha · · Score: 1

    haha!

  33. Re:Time for him to invoke the china visit policy.. by jafo · · Score: 1

    Be sure to start this a few months before you leave. /dev/urandom is INCREDIBLY slow, second only to /dev/random... /dev/frandom (which requires a custom kernel module) is probably "good enough".

  34. Heck... by IBitOBear · · Score: 1

    I just tried to reply to someone in this thread about how Kitty Pron (only spelled the other ways) was one of the root passwords to the US constitution and the submission just evaporated.

    So yes, kitty pron, and drug stuff, is "contraban" so subject to border search no matter how unreasonable that is. (we cannot keep cell phones and drugs out of prisons but we expect to keep _information_ from penetrating our border... go figure.)

    While it was a tad sarcastic it was in no way "filter worthy" and it _was_ previewed and submitted.

    So apparently our draconian guardians exist here as elsewhere. All hail the nany state. Zig! File!

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
  35. Re:What's so important to warrant harrassing milli by ShakaUVM · · Score: 1

    >>Even if a 9/11 scale event happened every single year, it would take more than four years to match a single year of alcohol-related deaths in the U.S.

    That's a poor way of thinking about it, kind of like saying that banks shouldn't have security guards because over 99% of robberies take place outside of banks.

    That said, though, our national security system is incredibly brain dead in some parts. Janet Napolean, what can I carry in my shoes that I can't carry in my pockets?

  36. Ends justifying means? by mjwx · · Score: 4, Interesting

    ...didn't get them, gave him back his hardware and let him go.

    Really, why try to sensationalize a story by omitting its outcome?

    So...

    Whatever happened to him in the mean time is OK so long as it reaches a satisfactory conclusion?

    Most^H^H^H^H Some Slashdotters are smart enough to understand that the ends never justify the means, that this person was picked on, detained for 5 hours and subjected to an invasive search was _not_ all well and good because he got his laptop back.

    In the end, I'd put good money on this person being picked up because he was coming in from the Dom Rep rather then because he was Moxie Marlinspike. The TSA likes to pick on single males coming in from potential sex tourism destinations, perhaps because it's the low hanging fruit. Bust a few guys coming back from the Philippines with some home made porn (a pic of a naked Pinay is not hard to get) and make it look like you're doing a great job, after all who would defend these dirty sex pests (they are probably all pedo's anyway). Incompetence rather then malice, but the end result is the same.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
    1. Re:Ends justifying means? by Anonymous Coward · · Score: 1, Insightful

      ...didn't get them, gave him back his hardware and let him go.
      Really, why try to sensationalize a story by omitting its outcome?

      Whatever happened to him in the mean time is OK so long as it reaches a satisfactory conclusion?

      That's not how I understand the parent poster -- s/he doesn't say it's okay, s/he objects to the sensationalism.
      Was the hacker targeted because he was a hacker? If not, why add that?
      It's like writing "Melissa's (5) dog hunted down and shot by tax-funded agents after accidental escape!!!!eleven!! Girl in tears!!" instead of "Animal control forced to shoot escaped, rabid dog".

      The PP didn't say it is okay that this rule in place.
      I will state that the way the story is presented leads readers to think that this hacker was a specific target, and by omitting the outcome the text fosters some righteous indignation which remains due to the lack of a conclusion.
      In other words (again mine): presenting it this way is "FOXing" the story up. And /. need not steep to such lows.

    2. Re:Ends justifying means? by mjwx · · Score: 1

      Really, why try to sensationalize a story by omitting its outcome?

      Whatever happened to him in the mean time is OK so long as it reaches a satisfactory conclusion?

      That's not how I understand the parent poster -- s/he doesn't say it's okay, s/he objects to the sensationalism.

      Sigh, did you not read the part that said "by omitting its outcome"?

      Omitting it's outcome did not change the story one iota, the story is about the abuses of your customs and inspection services. The fact that the person in question got their stuff back does not excuse what they had to go through for nothing.

      Does it?

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    3. Re:Ends justifying means? by the_other_chewey · · Score: 1

      That's not how I understand the parent poster -- s/he doesn't say it's okay, s/he objects to the sensationalism.

      That's exactly what I meant, thank you.

      Stories about "stupid, annoying, and dangerous stuff that shouldn't happen"
      are important, but I object to the altering of facts (and omissions are one form
      of alteration) to try to create additional outrage, or fear, or whatever the
      author wants me to think/feel. I can think for myself, thankyouverymuch.

      In other words (again mine): presenting it this way is "FOXing" the story up. And /. need not steep to such lows.

      Well said.


      Oh, and by the way: "diriculous"? Typo, sorry.

    4. Re:Ends justifying means? by Anonymous Coward · · Score: 0

      What? An airport employee with a photo of you on his phone is coming after you just because of where you were flying from?

      You realize that people fly back from the Philippines and Thailand and whatnot every day and don't get searched like this, don't you?

  37. Re:What's so important to warrant harrassing milli by Anonymous Coward · · Score: 0

    Or how long it would take that the 160 000 civilians what U.S Soldiers and its mercenarys has killed. Oh, they were not U.S Citizens so it is not big deal.....

  38. Keep your data in the cloud by jonwil · · Score: 1

    Keep your data in the cloud somewhere protected with passwords and secure protocols (SSL, SSH etc). If you need to do work on an airplane flight where internet access is unavailable, you download the data before you leave. Then you do your work on the airplane. Upon arriving at the destination but before passing through customs, find a place with a WiFi or 3G connection to the internet and upload any changed data.

    At the point where you no longer need to actually use the laptop, you do a reformat or re-image or something so anything on there is wiped out. If its got a recovery disk or recovery partition, use that and completly re-image the machine that way.

    Customs can look at it all they want but since its an empty laptop, there is nothing for them to find.

    1. Re:Keep your data in the cloud by Cimexus · · Score: 1

      Upon arriving at the destination but before passing through customs, find a place with a WiFi or 3G connection to the internet and upload any changed data.

      Good luck with that (well, WiFi at least). In most countries you are filed off the plane, down a long corridor, and immediately into the immigration/customs hall. It's unlikely you would find a WiFi connection in that space of time.

      3G obviously would work if you had a valid and operating SIM card for the country you are landing in ... but again, you'd look kinda suspicious whipping a laptop out in the corridor immediately after getting off the plane with everyone else pushing past you to get into the immigration lines...

    2. Re:Keep your data in the cloud by jonwil · · Score: 1

      Not necessarily in the airports I have seen (e.g. Singapore or Perth or Heathrow). You come out of the airplane and then enter the air side part where you would wait if you are getting on a new airplane. You dont have to pass through the customs or security area to get there.

      I dont know how it is in the USA since I have never been there but I doubt that people flying into the US from one country and then out from there to another country have to pass through US customs on their way to the transit lounge.

    3. Re:Keep your data in the cloud by Cimexus · · Score: 1

      They do. In the US you must clear customs even if you are only transiting.

      (Yes it's weird and annoying, but that's the way it is).

  39. We already know the solution to this. by Chas · · Score: 2, Interesting

    When traveling out-of-country, do not:

    Bring your best laptop with you. Bring a cheapie that you don't mind losing. This way you don't have any real qualms about abandoning it when these ass-wipes pull this.
    Keep anything important on the machine, encrypted or otherwise. Have an internet dead-drop you can push things to before crossing borders.
    Leave anything important on the machine. Use a decent file shredder to eliminate it.

    --


    Chas - The one, the only.
    THANK GOD!!!
  40. I posted that on 4Chan, and you stole my post. by Anonymous Coward · · Score: 0

    Really, guys, I run a software recovery business and turn-down people with hardware problems. I tell them to document honestly what's on their harddrive, so nothing nasty is found that I plan one day after 2 years of collecting failed drives to initiate a sequence of "paper terrorism" where all my drives get seized for analysis by Goobermint officials. Then I explain to them that their extractions must've caused some physical anomalies, to which they will need to recover all the data from the dead drives they obtusely removed on mere superstitions.

    We'll ride-out this little political movement of seizing data, as profitable as possible.

    1. Re:I posted that on 4Chan, and you stole my post. by Anonymous Coward · · Score: 0

      holy shit, what the fuck are you talking about?

    2. Re:I posted that on 4Chan, and you stole my post. by Jarik+C-Bol · · Score: 1

      he's going to get the government to recover data from his customers dead hard drives for him.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    3. Re:I posted that on 4Chan, and you stole my post. by Anonymous Coward · · Score: 0

      I see you've mastered idiot as a language - well done!

    4. Re:I posted that on 4Chan, and you stole my post. by Jarik+C-Bol · · Score: 1

      Nah, I use translation software.

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
  41. Duplicitous encryption scheme by poodlediagram · · Score: 1

    I had an idea for a duplicitous encryption scheme. Not sure if it's already been done.

    It's very simple: you can use one of two keys A and B. If you use key A, then you get the plain-text you wish to keep private. If key B is used, then you get some diversionary data (something innocuous, but for which encryption is plausible). The encrypted files would be larger, but the scheme could be made so that you would never know if there are two sets of data or only one.

    Thus if you encounter nosey border guards, you type in key B and show them your soft-core pron collection ("I didn't want the wife to see it, Officer...")

    1. Re:Duplicitous encryption scheme by kvezach · · Score: 1

      It's already been done. TrueCrypt supports hidden partitions which don't show up unless you input an auxiliary password. Without the outer layer password, all that's available is the original "diversionary" partition.

      However, because of the pigeonhole principle, it's generally impossible to store 2x the amount of data on a partition of size x. Even TrueCrypt's hidden partitions will show up as "empty" space on the diversionary partition, and will look like random noise when examined by a disk editor. If the customs guards suspect you have a hidden partition, they can just wipe the empty areas of the disk.

      One might conceal better by using steganography, but to my knowledge, nobody has combined hidden partitions with steganography as the "cover".

    2. Re:Duplicitous encryption scheme by airdweller · · Score: 0

      If the customs guards suspect you have a hidden partition, they can just wipe the empty areas of the disk.

      I don't think it's legal for them to modify the media in any way.

    3. Re:Duplicitous encryption scheme by kvezach · · Score: 1

      Perhaps not, but see this comment to the same story.

    4. Re:Duplicitous encryption scheme by airdweller · · Score: 0

      "When I got home there were large files all over the drive.. I can only assume they did that to overwrite anything hidden on the drive, which there wasn't. "
      I might be naive, but I think it can be considered grounds for a lawsuit. Nobody can take something that doesn't belong to them and modify it unless they have an owner's approval or a court decision. They might have destroyed his data. That's a civil tort.

  42. Albert Gonzalez by Mattpw · · Score: 1

    While he didnt come to them squeaky clean he did become from their point of view "one of the good guys" working alongside NSA agents, giving talks at their conferences etc all the while in his spare time ripping off millions of credit card numbers even using some of the government servers in the attacks. The Gonzalez trial is such a public spectacle I cant help but think that might have influenced their attitude.

  43. For who's benefit ? by Alain+Williams · · Score: 1
    For who's benefit is all this:
    • Genuine national security to deal with real threats that are known to exist and would result in many, many people dead
    • Puffed up stories about national security to provide an excuse for
      • making the politicians look as if they are doing something about threats that have been blown up in the media (to sell newspapers)
      • the police/... carrying out warentless searches on people who are real criminals that they would otherwise not be able to do (legally)
      • the police/... following the flights of fantasy that come about from too long in the job. If they spend all of their time looking for criminals, they everyone with a funny smile must be evil in some way
      • keeping the otherwise unemployable in a job at national borders
    • looking after the political security of elected representatives; eg harass those who threaten to expose the wrong doings of politicians
    • steal commercial secrets: either from foreign companies or rivals to those in which politicians/police/... have some financial interest
    • The commercial interests of companies that sell scanners/... These lobby politiians or convince them that there are real threats, just so that they can sell more machines or services

    Of all of the reasons, the first is the only justifiable one. If I was really convinced that this was the why these searches were happening then I would happily submit to them; however I am not convinced and so I am not happy about the searches.

  44. Re:Time for him to invoke the china visit policy.. by wierd_w · · Score: 1

    More fun: Encrypted data on a remote volume (through the internet via VPN), accessed with vanilla knoppix livecd, in a completely HDD-less laptop.

    If asked why there is no HDD, reply that you intended to work on the beach, and needed all the battery life you could get.

    It should be interesting to see them mirror an empty drive bay.

  45. Stego anyone ? by hebertrich · · Score: 1

    Might be old .. but if you do have files that need to stay private , can't one use steganography and use carrier files ?
    Or is that so old and broken one cant even hide the fact they got files they want to keep private and simply show a good old style photo album or music collection ?

  46. Re:What's so important to warrant harrassing milli by Locke2005 · · Score: 1

    I used to travel with a huge Compaq "lunch box" with an expansion cage on the side that could hold 2 ISA cards. The space was plenty big enough to hide a gun in, and I could refuse to have it Xrayed citing fear of erasing the hard drive, so I just had to demonstrate that it booted up when going through airport security. Ah, the good ol' days...

    My mother has successfully accidentally smuggled a knife onto a plane in her makeup kit, and my sister went through security with a knife attached to the _outside_ of her backpack... the security supervisor made them keep running the backpack through until they saw it, I think it only took them 3 passes.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  47. DON"T GIVE THEM ANY IDEAS!!! by Anonymous Coward · · Score: 2, Interesting

    Sending all your Data onto one of those $10 per month multi-gigabyte file hosting companies sounds like US Customs just itching to install a middle-man to Regulate you.

    I briefly remember how US Customs didn't like seeing that I sent broken computer hardware back and forth to Ireland as declared to be usually $10 and sometimes $0, to be repaired and then re-imported at a restored value; eventually US Customs looked at my broken dismembered assemblies for part numbers and started cataloguing them at full retail value and taxed me as retail and then when a finished product was imported they would tax me again. It's completely absurd, no different than someone exporting their raw steel and being taxed as though they were exporting a finished Lambourghini and then importing the same to be taxed again.

    US Customs, and all the related alphabet Gangs of the federal Government, are nothing more than a revenue-generating bunch of scam artists that would sell-out their own hosting countries they are parasitically attaching theirselves onto by Federation. That's why most of them are secretly privateers trying to move monopoly powers to companies they have Shares or Interest in, and then everyone working under them are always the Felons that do whatever necessary without hesitation to bring the plans in motion. Just one corporation I know of is a perfect example of complete power-grab having nothing to do with helping the people but making them more dependent and feeble-minded: Bureau of Alchol, Tobacco, Firearms, Explosives...what next to add for B.A.T.F.E.ces?

  48. Re:Time for him to invoke the china visit policy.. by muckracer · · Score: 1

    > Be sure to start this a few months before you leave. /dev/urandom is INCREDIBLY slow, second only to /dev/random

    Sorry bro. Yes it's slow. Yes, on big drives /dev/urandom takes a few days. But not a few months...

  49. Sec-Com by Anonymous Coward · · Score: 0

    A security researcher who cant even notice if his Data or Machine has been tampered with!? Surely if the screws on the bottom of his notebook look Burred then someone has indeed had it open, that then begs the question if you yourself deliberately Burr the screw heads on the bottom of your net-book, requiring someone to use a dremel or other type of machine to remove the hard-disk drive, would they then need to hold you for longer than four and a half hours? In all likely-hood they forensically mirrored his drive and gave the machine back to him expecting him to be none the wiser.

  50. What a lot of impotent rage by SmallFurryCreature · · Score: 1

    Gosh, it is amusing to see the reaction of Americans who just recently voted the teabaggers into power. So Obama didn't fix the entire country in two years partly because he was constantly opposed and any attempt to lessen the "security" would have made it even worse and increased the calls that Obama is in bed with the terrorists and a Muslim. So, put the teabaggers in power. A party so open that it doesn't even allow journalists at its rallies. The US is not slipping into SOVIET style control, it is already there. And all the US voter can worry about is that they might have to pay the medical bill for their own future self. Meanwhile the entire country is being closed down.

    The truth of the Soviet empire is that it was actually quite free. If you think there were checkpoints at every corner, daily raids etc, you got to stop watching movies. The ordinary citizen was free, as long as they didn't miss behave. An American citizen is free. Free to travel, free to speak. Just as long as he doesn't travel while speaking to the wrong people. This guy is linked to the wiki-leaks, the state does not like those leaks, so it questions those linked to it. The ordinary US citizen never notices any of this. The fast majority don't even fly. All they care about is that nazi-death squads will be culling their babies if that Muslim gets his ways.

    A "lot" of slashdotters rage about it all, but fail to translate it to the average person. This story got 250 replies. In a nation of 300+ million. That is not insignificant. It is non-existent. And I am fairly certain more then half of those raging against this, voted for parties that support it because they are afraid a single penny of their income might go to another human being in need.

    Bread and circuses, doesn't have to involve consumables and clowns. It is anything to keep the populace occupied while the state does what it wants. The brits used cricket at one point, to stop it revolting like the rest of the world. Have them wave flags to honor the king the royalty gland will weaken the republic bone.

    The US has perfected the art of propoganda. All of Hollywood churns out more propoganda then the USSR or Germans could ever have dreamed off. The "American Dream" is the motif. Yes, YOU can have TWO cars, a big screen TV, a large suburban home. Just don't question how and we will supply. All we need is your sons to fight endless foreign wars, but never to many of them so most of you will never be asked to pay the price.

    And the stronger people begin to see the price, the stronger will they defend the "cause" because if they do not, then they have been living a lie. They might have to pierce the vale and see reality and that ain't attractive at all. Rather believe the tea party and its claims of wanting to bring back America to a by gone age without ever actually stating what age that is or asking people to LOOK at WHAT really happened during that age. But hey, anything is better then waking up and having to clean up the mess of decades.

    If you don't believe me, compare some of the late nazi proganda movies showing a victorous german army while they were loosing on every front and compare it to Team America that shows them winning easily against those moronic towel heads while America is once again fleeing a battlefield with its tails between the legs. Oh yeah. Mission accomplished, so we can safely withdraw from Iraq because the country is so safe now.

    Open your eyes, if you dare.

    This hacker guy lived in a dream world. Thinking he can carry encrypted data without hassle because nobody is smart enough to crack it. HAHA. Well, he found out. Welcome to reality. Why on earth would you even carry a laptop through airport security? Just buy a new one at your destination. Safest method and send the data over the internet. But no, he believed the dream and still does. Because the reality is to harsh.

    And no, this isn't just a rant about the US, other countries have the same problems. Exactly the same. Reality is democracy askes for intelligent, involved and aware voters and we humans are most happy when we aren't.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:What a lot of impotent rage by russotto · · Score: 1

      Gosh, it is amusing to see the reaction of Americans who just recently voted the teabaggers into power. So Obama didn't fix the entire country in two years partly because he was constantly opposed and any attempt to lessen the "security" would have made it even worse and increased the calls that Obama is in bed with the terrorists and a Muslim.

      Sure, it's the Tea Party's fault that Obama has not only continued but expanded the Bush abuses of power. Give it a rest; Obama's in charge and it's not like he made attempts to make things better that were stymied.

      A "lot" of slashdotters rage about it all, but fail to translate it to the average person.

      As you've noted, the average person doesn't give a shit. You can't make him give a shit. The age of freedom is over, as freedom has neither champion nor constituency.

      And I am fairly certain more then half of those raging against this, voted for parties that support it because they are afraid a single penny of their income might go to another human being in need.

      The only people who didn't vote for parties that support this shit are those who didn't vote and those who voted for certain third parties -- in which are included at least one you'd denigrate for stingyness. The Democrats and Republicans BOTH support it. You're living in a fantasy world trying to pin it all on those stingy bastard teabagging types.

      This hacker guy lived in a dream world. Thinking he can carry encrypted data without hassle because nobody is smart enough to crack it. HAHA. Well, he found out. Welcome to reality. Why on earth would you even carry a laptop through airport security?

      This is Moxie Marlinspike. He probably has been expecting this for some time, and wanted the publicity.

  51. Second Amendment? by Anonymous Coward · · Score: 1, Insightful

    Isn't this why you Americans are allowed to have guns? Shouldn't you be overthrowing your government and stopping all this stuff that has been in the news recently?

  52. Re:What's so important to warrant harrassing milli by lsmo · · Score: 1

    I think it would take a little more than four years. Unless you are working from different numbers than whats readily available with a quick Google search. 9/11 US death toll about 3000 Yearly alcohol deaths about 85,000 of course that is not counting all of the deaths from drunk people violently killing another person with a gun, knife, etc... So it would be more like 28 yrs

  53. Can you blame them? by Krakadoom · · Score: 1

    It's a white guy with dreadlocks. Surely he has bigger problems than customs (with whom he is likely to have problems until he makes better personal grooming decisions) :P

  54. Wiping information by Cruciform · · Score: 1

    If their purpose is to wipe potentially "harmful" information from entering the country when are they going to start using ECT or a bullet to the head to scramble another storage medium they can't index... you.

  55. Re:Time for him to invoke the china visit policy.. by hedwards · · Score: 1

    But, unless you leave the disk wherever you were or at home, they can still search the disk. Just without you being there to tell them to cram it. Remember that any mail going across the border can be searched by ICE.

  56. Store nothing by nurb432 · · Score: 1

    No matter what you are doing, be it legal, illegal, or questionable, store nothing on your laptop at all. Just use it as a remote access device, and assume its not coming home with you ( disposable ).

    Or if you are going somewhere you have zero net access, truecrypt it and dump it before you head home, just in case.

    --
    ---- Booth was a patriot ----
  57. Re:Time for him to invoke the china visit policy.. by toQDuj · · Score: 1

    Fine, but with over 200G of data on my hard drive, it will take an age to upload to a dropbox account, and an even longer age to download it again once in the destination country. How to solve that?

    --
    Every experiment which ends in a big bang is a good experiment.
  58. well said by unity100 · · Score: 1

    there is something that someone said goes like this : "Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety."

    I think it easily applies like this too :

    "Those who would give up Essential Liberty to save a little Temporary property, deserve neither Liberty nor property."

    they have given their country away, not to give out some percentage of their income for others. now, some others will take away their freedoms, and probably their income too, wasting it in distant wars, or censoring them.

  59. Re:Time for him to invoke the china visit policy.. by couchslug · · Score: 1

    How much of that data is actually required for the business on which you are travelling?

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  60. not a handle by Anonymous Coward · · Score: 0

    Moxie Marlinspike is his given name.

  61. Re:Time for him to invoke the china visit policy.. by toQDuj · · Score: 1

    Surprisingly much. Depending on the trip (and I usually go for extended stays of a month or more), I need up to 7GB of software, and from 50GB of data. If I go for measurements, I can easily collect up to half a TB of data which have to be shipped across. (it goes fast with images).

    My laptop HD only contains a subset of all the data (or partially processed data), so that would amount to about 200GB. Spending days before my trip to transfer that data to another set of drives and ship those drives, or to upload it onto some online repository is not on my shortlist of things to do (yet)...

    --
    Every experiment which ends in a big bang is a good experiment.
  62. Re:Time for him to invoke the china visit policy.. by Technician · · Score: 1

    Go one step further. No hard drive and a live CD of Ubuntu. They can have a copy of your CD. It stores no passwords, email accounts, etc. It is a little slow to use, but it is secure. Drive them nuts, bring a spindle of 100 as give aways.

    --
    The truth shall set you free!
  63. Bailouts by Compaqt · · Score: 1

    The weird thing about the bailouts is that Wall Street got their money, forgiving their mistakes, but only a few hundred billion could've paid for all of the residential mortgages in America.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
  64. Re:What's so important to warrant harrassing milli by N0Man74 · · Score: 1

    Even if a 9/11 scale event happened every single year, it would take more than four years to match a single year of alcohol-related deaths in the U.S.

    That's a poor way of thinking about it, kind of like saying that banks shouldn't have security guards because over 99% of robberies take place outside of banks.

    Your argument is only true if you think that the threat of Customs finding documents on laptop hard drives are actually reducing the odds of terrorist attacks... I feel quite confidant that security guards in banks do actually act as at least some deterrent. It seems to me that you are trying to compare someone trying to contrast two levels of danger with a cause-and-effect relationship.

  65. Re:Publicity Whore? by Entropius · · Score: 1

    "Making a scene" is not grounds for violation of legal rights or for retribution.

    We are supposed to live in a country where saying "Fuck you, sir" to the police is legally protected.

  66. Re:4th only applies in parts of the US? by redbeard55 · · Score: 1

    So you are saying the government should be able to restrict my movement by somehow setting up an unconstitutional buffer zone within the US. That in this magical buffer zone somehow my rights as defined in the Constitution do not exist? Interesting, what if the president decides that the buffer zone should be expanded a few thousand miles inland?

  67. Mail Your USB Sticks by Doc+Ruby · · Score: 1

    Anyone serious about data security across the border doesn't carry a storage unit on their person, as their person gives the US police state the motive, means and opportunity to search their storage at the border. Instead, they transfer data over the Internet, either before arriving to a US machine, or once inside the US they retrieve it from the foreign machine to a US machine. Of course they encrypt it, with a long passphrase in practically unbreakable symmetric key encryption. If the data is too large to conveniently transfer across the Internet, they just copy the data to USB sticks, symmetric encrypt them, and mail them across - usually several sticks, on different carriers, to ensure at least one arrives safely.

    So forcing people to unlock their personal data for border cops without any evidence that could convince a judge to issue a search warrant doesn't catch anyone serious. Indeed, I've never heard any evidence that these border searches, which search millions of people over many years, have ever produced anything of value to US national security, despite spending $BILLIONS and distracting thousands of expensive security personnel from the actual mission of protecting us from actual threats. Instead it just violates the privacy rights of millions of people, American and foreign, despite the exact contrary instructions spelled out in the Constitution.

    All the Americans getting crazy about "securing our borders" and the Constitution haven't said a word insisting the Constitution protect our privacy rights when we return to our country from abroad where it's supposedly "not as free as here". Therefore I leave them in the category of people who are not serious about security. Or the Constitution, or our rights.

    --

    --
    make install -not war

  68. clarification by Burz · · Score: 1

    ...the only thing that logging in could have possibly done is let them go on a fishing expedition.

  69. This is nothing. by NotBornYesterday · · Score: 1

    Imagine the new screening process if the next failed airline bomb attempt comes in the form of a rectally carried device.

    --
    I prefer rogues to imbeciles because they sometimes take a rest.
  70. Re:4th opt out of flying by Anonymous Coward · · Score: 0

    http://wewontfly.com/

  71. He knows why he was searched by squirrl · · Score: 0

    Abu' dhabi? Come on man, he's probably working with AlQuida. You stick yourself in front of a bus and expect not to get hit.


    Some kids are just crazy. Most of your 2600 crew run around flaunting rights of the Constitution but ignore the fact that by flaunting them in the faces of citizens they violate the citizens rights. Which prompts law enforcement to violate yours.

    There was a radio show where some guest were talking about getting arrested for taking pictures at the subway. Except they were also taking pictures of other pedestrians too. Remember that church that was protesting at funerals. Not cool.

  72. Re:Time for him to invoke the china visit policy.. by wiredlogic · · Score: 1

    Remember to prime the drive with /dev/random before its formatted so they get to puzzle over how to extract the "encrypted" data that's hidden there.

    --
    I am becoming gerund, destroyer of verbs.
  73. I think you are mistaken by Sycraft-fu · · Score: 1

    There was not overwhelming opposition to the bailout (also which one? there have been multiple spending measures). There was furious opposition from a small group. Many people didn't care, others were too concerned about their jobs and figured if this helped, great, and still others understood the reasons it was necessary.

    Also if you are talking about the really large one, TARP, where the government bought a bunch of assets that banks were refusing to trade you may wish to do some research. The capital outlay for it was about $700 billion but if you think outlay is the same as final costs then you've a weak understanding of business and economics. Much doom and gloom said the cost was likely to be $400 billion in the end or so. However that has not been the case. Currently the TARP program looks like it will cost as much as $30 billion dollars, and as little as -$25 billion, meaning that it may actually turn a profit.

    Now I'm not trying to discourage you from contacting your reps to let them know what you think. That is vital to a functioning democracy. I'm just trying to help you understand that those that didn't want things like TARP were actually in the minority, and that other understood the usefulness of such programs, and that the final cost would be much less than the sticker price. People got outraged by the $700 billion price tag and forgot to look at what was actually being gotten for that.

    1. Re:I think you are mistaken by Intrinsic · · Score: 1

      If you think we live in a democracy, you are living in a dream world my friend. Pretty much everything you have said has been proven otherwise. There was overwhelming support to defeat the bailout package, which is why it got voted down, and then you have Paulson (No conflict of interest there) and congress making a backroom deal without the consent of the American people. Yep, thats a democracy for sure.

  74. Not really by Sycraft-fu · · Score: 3, Informative

    Again I think it is geeks puffing their own egos. Please remember that there's a vast, VAST gulf between law enforcement wanting to harass some guy, and a national intelligence agency being willing to spend a lot of money to try and snoop on them in an extremely covert manner. Remember that for the NSA to get involved, they have to be willing to break the law. Law says NSA is foreign only in their intelligence gathering. They can monitor communications to and from foreign locations, or systems that are on foreign soil but that's it. No monitoring in the US. I'm not saying they obey that in all cases, but that is the law meaning that if they got evidence its usefulness in a criminal trial would be nil.

    So for them to even be willing to do that, there has to be a good reason. Then you are talking about some serious money spent to develop this custom monitoring BIOS that is both undetectable, unflashable, and ready to deploy on the specific device(s) this guy has. Then after all that, the totally ruin the secrecy by a big fluff up at the border.

    Really? Sorry, but pushes the bounds of credibility way too far for me.

    Remember that in terms of covert surveillance the US law enforcement agencies can do that very well, they just need a warrant. They could then tap his communications, place cameras in his house, monitor with tempest, whatever they get a warrant for, and do it all covertly. Also any evidence obtained in that way is 100% legal, unlike evidence the NSA got.

    So why the border thing? Because they've got shit. They aren't expending any massive resources because there's no evidence of anything. The NSA isn't going to spend millions to try and monitor some guy illegally for no reason. However no warrant or anything is needed at the border so they harass him. Doesn't cost anything (the agents are already there) and so on. Also didn't accomplish anything but there you go.

    Sorry but I just can't support this massive ego complex so many geeks have of thinking they are so important that the government will go to extremely difficult, nefarious, lengths just to try and monitor them, all while doing it in an extremely incompetent fashion. No, they won't. You are not that important, nor that sneaky. If there's a real problem they'll get a warrant to monitor and/or search for the evidence needed.

    1. Re:Not really by camperdave · · Score: 2, Interesting

      Law says NSA is foreign only in their intelligence gathering.

      Domestic only and foreign only agencies routinely track people for the other agencies.

      Sorry but I just can't support this massive ego complex so many geeks have of thinking they are so important that the government will go to extremely difficult, nefarious, lengths just to try and monitor them, all while doing it in an extremely incompetent fashion. No, they won't. You are not that important, nor that sneaky. If there's a real problem they'll get a warrant to monitor and/or search for the evidence needed.

      I don't buy it either. It's likely simple procedural incompetence and inter-departmental miscommunication. He's known for actively and successfully engineering systems to crack computer security. That makes him important enough to be put onto a watch list. Or maybe he just dropped his business card into the bucket at the NSA booth at a security conference. Somehow his name got added to the TSA's watch list (probably by some eager beaver at homeland security thinking "let's get the watchlists of all government agencies together into one big list, and we can find out when these people cross the border). Customs gets flagged that this guy is on a watch list, so he gets the treatment. They don't know WHY he's on the watch list. It just says computer security. So they confiscate his laptop and cell phones.

      --
      When our name is on the back of your car, we're behind you all the way!
  75. Always travel with a forensically clean laptop by Anonymous Coward · · Score: 0
    Given today's state of airport security, I would not travel abroad w/o a forensically clean laptop. If you work for any corporation that values its IP, then this should be a part of your employer's travel policy. Each worker is given a blank-state hard drive + a letter from the legal team stating that this laptop is clean and has not been used. You get to your destination, VPN-in and viola, problem is solved. The same should apply to anybody who works in a field that can spike govt's interest.

    I am fully aware of TrueCrypt, Bit-Locker and other hard drive encryption software but just because you have the software does not mean that you're 100% safe. Feds can hold you on the grounds of contempt or some other fabricated charge. Also, multiple passwords and hidden partitions will not stop you from committing a federal felony if you do not reveal them if asked. Customs and Immigration thrive on trickery, e.g.:

    - What is your password?
    - The password is "test."
    - Do you have any encrypted partitions on the drive? If so, what are the passwords.
    - Yes, I have an encrypted partition. The password is "test1."
    - Is this the only partition? Do you have any other partitions?

    You lie to the last question and you may find yourself in trouble....

  76. Re:Time for him to invoke the china visit policy.. by careysub · · Score: 2, Informative

    Basically, take a laptop with an easy to swap hard drive. Swap in a new drive, with a clean image, and no access credentials except to a temporary dropbox account for emergency mail and/or working set.

    Now if you are intercepted, there is no data TO capture, and you can remove all but hardware/bios trojans by a wipe and reinstall.

    As a bonus, you can just take out the drive, hand it to customs, and let them have fun with it.

    International corporations are already doing something quite similar to this. You carry an empty laptop with you - and download an encrypted "project package" at your destination to install any special software, and any data you need. You encrypt and upload your product data (if you need to bring it back at all) and run a program that wipes the laptop before return.

    But of course spies, criminals and terrorists would never think of doing this.

    --
    Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
  77. Butt Plugs? by Rob+Riggs · · Score: 1

    Dude, do you know what the TSA is going to do to us the first time a terrorist hops a plane with a butt-plug bomb?

    --
    the growth in cynicism and rebellion has not been without cause
    1. Re:Butt Plugs? by couchslug · · Score: 1
      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  78. No such thing as a "white hat" hacker. by j+h+woodyatt · · Score: 1

    Let this be a lesson to everyone: there is no such thing as a "white hat" hacker. If you're a "security researcher" and you're not on the payroll of the U.S. Treasury, then the United States of America suspects you're much more likely to be an enemy combatant than the average person in the general population. And even if you are on the payroll, your employment can be terminated at any time without notice or cause.

    There is no such thing as a white hat hacker. It's complete bullshit.

    --
    jhw
  79. 3rd by Ungrounded+Lightning · · Score: 2, Insightful

    It should be noted that the USG has steadfastly avoided violating the 3rd amendment, and should certainly be commended for its restraint in this matter.

    Except when it comes to installing spyware on people's computers - the cybernetic equivalent.

    The point of "quartering troops" in people's homes was not just the seizure of the homeowners' resources to support the occupying army. It was also that the troops - living with the family, eating at their table, etc. - doubled as government spies scrutinizing all aspects of their behavior and most of their belongings. They destroyed the privacy of the home.

    Spyware is the same story: Active agents of the governmental power, resident in the victims' space, supported by their resources, privy to their dealings and information, and reporting it back to the powers-that-be.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  80. What an opportunity for a white hat. by Ungrounded+Lightning · · Score: 1

    format? What a waste.
    He should take advantage of the opportunity and hand the machine over to an organization with the capability to perform the most detailed examination of hardware, software and firmware to produce hard evidence (if it should exist) of EXACTLY what was done to the machine by the agents.

    You beat me to it. B-)

    This is a golden opportunity to do some reverse-engineering on what malware - soft and firm - the government may be installing on people they want to surveil.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  81. And what are YOU going to do about it? by Anonymous Coward · · Score: 0

    Oh, I know, you are going to complain about it on the Internet.

    As usual.

    And nothing changes.

    As usual.

  82. Re:Time for him to invoke the china visit policy.. by Ungrounded+Lightning · · Score: 1

    empty laptop ... download an encrypted "project package" at your destination ... encrypt and upload your product data ... and [wipe] the laptop before return.

    And how does this protect you from the installation of hardware keyloggers, BIOS and other firmware-based malware, activation of Intel AMT or other firmware remote-management tools, and so on? Once they get their hands on the laptop as you cross the border the hardware can't be trusted, even if wiped and reinstalled from read-only media.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  83. Did you SAVE that hard drive? by Ungrounded+Lightning · · Score: 2, Interesting

    I brought a just an internal sata hard drive to Canada from the US, while in Canada I wiped it clean. On the way back into the US they stopped me for a few hours.. When I got home there were large files all over the drive..

    Sounds like one of three things:
      1) They installed some spyware on it.
      2) Their machine was virus-infested and infested your drive.
      3) Your "wipe" was a remove rather than a reformat-with-surface-analysis and they ran an undelete utility. (Were those files your previous content?)

    I hope you held on to that drive - and kept it separate from any machine you're continuing to trust. If it's door number 1) you've got a pristine sample of their latest spyware tools without extraneous files for distraction. B-)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:Did you SAVE that hard drive? by uolamer · · Score: 1

      The 'wipe' I did was a standard overwrite sectors with random junk program. I forget what utility I used but, I just put it on the highest setting and left it running. While I am not sure of how perfect I wiped it, I did well in the time I had. If they recovered anything it would have been pretty useless. But yes maybe it did not wipe the FAT or another part of the drive, when they attempted to recover files they recovered the junk data that the other program put there? That sounds very well like what might have happened. Best I could tell the files were random data, either by the program I ran and them trying to recover those files as you suggest or them attempting to destroy a hidden/encrypted file system.

      Only thing is the files that were there were not the size of any files I had on the drive. Files I had on the drive were mainly 350mb with a few 700mb (oh wow guess what that was). Anyway the files they left were either 1GB or 2gb each and just had some random file names.

      I formatted the drive and used it, obviously was not the brightest idea. I no longer use the drive this was years ago and it made it into the shooting range and got a few .22 caliber bullets shot through it. 22-250 seems like reasonable last step in data destruction.

      I consider myself a little lucky that is all that happened, it taught me not to under estimate people like that. Every so often, no matter how small of a chance you run into people that know what they are doing, lol.

      --
      s/©//g
  84. Customs inspections by falconwolf · · Score: 1

    Generally, I agree with the mission of customs, inspect stuff coming into the country.

    Inspect what stuff? That kilo of cocaine, hash, or opium? They should all be legal. As well as marijuana, it should even be legal to grow.

    Falcon

    1. Re:Customs inspections by sumdumass · · Score: 2, Insightful

      But it's not and until you convince the government to change the laws, those drugs and other things are checked for by customs.

    2. Re:Customs inspections by falconwolf · · Score: 1

      But it's not and until you convince the government to change the laws, those drugs and other things are checked for by customs.

      Unfortunately I agree with you. Unfortunately, because they never should have been made illegal to begin with.

      Falcon

  85. is he a white hack hacker? by falconwolf · · Score: 1

    please explain how in the fuck you get labeled a "white hat" for showing up at black hat conferences and showing everyone how to MITM SSL?

    He is not keeping what he dies secret or sells his tools for a profit. No, he lets the world know what holes there are so they can be fixed. Others have said he didn't contact vendors first, how do they knew that? Maybe the vendors were contacted and given plenty of tyme but never fixed the problem.

    Falcon

  86. Really? by Fnord666 · · Score: 1
    Here is my favorite part though.

    "I have no idea what's going on, why this is happening to me," Marlinspike said in an interview for CNET.

    Really? You can't? No idea at all? Someone who was there please tell me that he didn't say this with a straight face. I admire and applaud the man's work, but there is no way in this day and age (and an administration that believes it is above the law) that he can do what he does and not expect there to be consequences.

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
  87. Great opportunity by Tjp($)pjT · · Score: 1

    This is a great chance to compare the hardware and firmware of the devices to the factory loads and see what tech the injected, if any. If they added or modified the firmware / software of the devices, the added code can be analyzed. Lots to learn from it. Then a comparison to that and submitted code to open source projects might get a clue to either who wrote the injected code, or code to look more carefully at in the open source projects. I do forensic software analysis and while this is a big task its not insurmountable. A lot less than SETI at home deals with.

    --
    - Tjp

    I am in wallow with my inner money grubbing capitalistic pig. ... Oink!

  88. Wrong Department by Anonymous Coward · · Score: 0

    Title should be Why Does America Hate Its People

  89. I'm afraid to visit, perhaps I should stop reading by Anonymous Coward · · Score: 0

    I've been away from the USA for almost over 10 years now, but I was born in Brooklyn and come from Russian and Irish immigrant stock and I am now afraid to go back to visit my Mom. If I lost my laptop or phone, I would be screwed, as I could not afford to just go out and buy another in case the TSA or Customs took mine away. I have stamps in my passport from Thailand, Pakistan, China, and many other countries that I don't think are held in high regard by US government officials. I don't dress much like an American anymore, and I speak with a slight accent. I am also over 40 but my luggage looks like it is owned by a 20-year old backpacker. I have that mustache. I know I won't make it through the screenings... what to do?

  90. Re:4th only applies in parts of the US? by slack_justyb · · Score: 1

    So you are saying the government should...

    I'm not saying that they should. I'm just telling you that in this magical buffer zone within the US, you might as well forget whatever right international law doesn't grant you. My opinion on the matter doesn't amount to squat, so should the government limit and whatever else the crap you said, my reply is, "No they shouldn't" Do they? Uh, yeah. Do you have any recourse to change this? Not a single ghost of a chance in the remotest of dreams. My suggestion, get used to it (or bomb the border station or whatever the else you think will make you happy.)

    That in this magical buffer zone...

    Yes, that's exactly what I'm saying. They don't exist. Sorry.

    Interesting, what if the president decides...

    Well s/he legally can't. That power is left to the judicial branch of the US government. If the president did do something like that, then as a citizen I'd be looking for someone to be using that whole check and balance thing on the president. So not to say s/he couldn't, just couldn't do so legally.

  91. Offtopic... by PaulBu · · Score: 1

    I was just poking around and found your series of t-shirts designs. Not that I am a rabid atheist ;) (as a matter of fact, I was habitually putting Taoist on US Gov. forms), but this one (http://www.zazzle.com/party_time_tshirt-235764204376717545) struck me as being a bit too much familiar -- after all, I am currently very close to WA state, and this is where we *do* have establishments just like that! :)

    Paul B.

    1. Re:Offtopic... by fyngyrz · · Score: 1

      Ok, but did you get the joke? It's an old one, actually, just graphically implemented.

      --
      I've fallen off your lawn, and I can't get up.
  92. Seizure of Laptop, Cell phones by thesquire · · Score: 1

    Fascist scumbags. What else can one say?

  93. Yet another reason for a "travel" box. by Anonymous Coward · · Score: 0

    It seems that the risk associated with travel now combine with other risks and it pays to invest in an inexpensive laptop or second disk for travel.

    Companies and individuals should look clearly at establishing private clouds and a policy of clean laptops out and a cleaning process to clean laptops as they come back in.

    It is too easy for a bad guy to request you to login then he "tests" the laptop by surfing to a site that triggers malware or a bogus or illegal download. HTML5, java and javascript can automate the whole process, just click yes. There is no reason or need to "root" the system if the intent is to download an illegal document or image to your account.

    In this case five hours is very generous in terms of this type of hacking and dirty tricks. Since a PXE or other reload process takes 20 min it makes sense to take a very clean laptop out and then to make it very clean when you bring it home.

    As a white hat hacker he might well have deployed intrusion detection tricks that might detect and audit the activities on the machine itself (but not from an image of the machine running in a lab). It would be interesting if he had.

  94. It would have to be further out than that by Anonymous Coward · · Score: 0

    It would have to be further out than that. The US extended their territorial waters to 200 miles (or some ungodly large number).