Slashdot Mirror

← Back to Stories (view on slashdot.org)

Judge Allows Bradley Manning Supporter To Sue Government Over Border Search

Posted by samzenpus on from the sticking-it-to-the-man dept.

Fluffeh writes "David Maurice House, an MIT researcher and Bradley Manning supporter, was granted the right to pursue a case against the government on Wednesday after a federal judge denied the government's motion to dismiss. 'This ruling affirms that the Constitution is still alive at the US border,' ACLU Staff Attorney Catherine Crump said in a statement. 'Despite the government's broad assertions that it can take and search any laptop, diary or smartphone without any reasonable suspicion, the court said the government cannot use that power to target political speech.' The agents confiscated a laptop computer, a thumb drive, and a digital camera from House and reportedly demanded, but did not receive, his encryption keys. DHS held onto House's equipment for 49 days and returned it only after the ACLU sent a strongly worded letter."

16 of 129 comments (clear)

  1. Not held in contempt? by Anonymous Coward · · Score: 5, Insightful

    I'm surprised that he wasn't being held in contempt.. or similar.. for not handing over his keys..

    1. Re:Not held in contempt? by Concerned+Onlooker · · Score: 5, Funny

      Not only that, but it's meanIngless since everyone holds the DHS in contempt.

      --
      http://www.rootstrikers.org/
    2. Re:Not held in contempt? by Kell+Bengal · · Score: 5, Insightful

      If being in contempt of DHS was punishable, we would all be in jail.

      --
      Scientists point out problems, engineers fix them
      altslashdot.org: The future of slashdot.
    3. Re:Not held in contempt? by koan · · Score: 5, Informative

      Try to keep up:

      In United States v. Doe a federal appeals court 11th circuit ruled on feb 24 2012 that forcing decryption of ones laptop violates fifth amendment.[20][21]

      https://en.wikipedia.org/wiki/Key_disclosure_law#United_States

      --
      "If any question why we died, Tell them because our fathers lied."
    4. Re:Not held in contempt? by Nyder · · Score: 5, Funny

      If being in contempt of DHS was punishable, we would all be in jail.

      They are working on that.

      --
      Be seeing you...
  2. Inconsistent? by DoofusOfDeath · · Score: 5, Interesting

    If they can't violate the 1st Amendment, then why can they violate the 4th?

    Is this just setting up a contradiction that will land in the Supreme Court?

    1. Re:Inconsistent? by PatPending · · Score: 5, Informative
      Oh, for goodness sake, RTFA:

      Under the "border search exception" of United States criminal law, international travelers can be searched without a warrant as they enter the U.S. Under the Barack Obama administration, law enforcement agents have aggressively used this power to search travelers' laptops, sometimes copying the hard drive before returning the computer to its owner. Courts have ruled that such laptop searches can take place even in the absence of any reasonable suspicion of wrongdoing.

      --
      What one fool can do, another can. (Ancient Simian Proverb)
    2. Re:Inconsistent? by ae1294 · · Score: 5, Interesting

      I'll just leave this here...
      https://www.aclu.org/national-security_technology-and-liberty/are-you-living-constitution-free-zone

    3. Re:Inconsistent? by Cajun+Hell · · Score: 5, Funny

      Amendments are obviously written in order of importance

      Oh shit, that means I have to give up alcohol!

      --
      "Believe me!" -- Donald Trump
    4. Re:Inconsistent? by Loki_666 · · Score: 5, Insightful

      Wait a minute! Doesn't this mean if they copy the contents then they may be pirating software, films, and music? .

  3. I'm hoping by Lucky_Pierre · · Score: 5, Funny

    For change.

    --
    "Whenever the cause of the people is entrusted to professors, it is lost." ~ V.I. Lenin
  4. Police State by Anonymous Coward · · Score: 5, Insightful

    This country was founded (in part) to protect people from the very shenanigans going on now re: unlawful search and seizure. Most of this crap is being justified under the umbrella of the "war on terror." The current occupant was elected by in large to combat the Bush era Patriot Act and the wars in Iraq and Afghanistan. Perhaps we have met the enemy.

  5. Not Inconsistent... by IBitOBear · · Score: 5, Insightful

    Violating the First Amendment is a violation of Apparent Freedom(tm) and is part of Political Theater(tm).

    Violating the Fourth Amendment is a violation of Apparent Secrecy(tmp and is part of Security Theater(tm).

    The DHS, in its puppet role over the TSA is in charge of Security Theater(tm) and so had no leg to stand on against the First Amendment.

    If proper form were followed, the DHS would have picked a fight with House in a public place away from the border but within view of a political edifice, and "accidentally damaged" the material seized, then claimed it was known to contain child pornogrpahy because someone saw it over House's shoulder.

    In short, this was all a failure of Due Process, as they used the entirely incorrect Rail Road in its persuit.

    It'll be fixed in post production before air... just you wait...

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press
    1. Re:Not Inconsistent... by IBitOBear · · Score: 5, Insightful

      Railroading someone in pursuit of "Justice(tm)" has become commonplace in this country. Each form of railroading has its very onw pro-forma means and mode of operation. In drugs offenses, for instance, they get to weigh the packaging as part of the drug and assign "street value" that corresponds to no known street in order to lay on extra charges etc. In this case they used border seizure on a politically undersireable person. This was not the correct means or venue. e.g. "they picked the wrong railroad" to go after this guy. (the e instad of u was just a typo.)

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    2. Re:Not Inconsistent... by SuricouRaven · · Score: 5, Informative

      Long been commonplace. It's standard practice in computer crime to count the cost of securing the computers as damages - that's how a hacker (Or more often, script kiddie with luck) can break into a system, do nothing, leave, and still do enough 'damage' to make it a felony.

  6. Re:Strongly worded letter by solarissmoke · · Score: 5, Informative

    Here it is:

    http://aclum.org/sites/all/files/legal/re_david_house/fong_robles_vincent_re_david_House_12-21-10.pdf