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Judge: Warrantless Airport Seizure of Laptop 'Cannot Be Justified'
SonicSpike writes with news of a ruling in U.S. District Court that the seizure and search of a man's laptop without a warrant while he was in an airport during an international border crossing was not justified. According to Judge Amy Jackson's ruling (PDF), the defendant was already the subject of an investigation when officials used his international flight as a pretext for rifling through his laptop. The government argued that a laptop was simply a "container," and thus subject to warrantless searches to protect the homeland. But the judge said the search "was supported by so little suspicion of ongoing or imminent criminal activity, and was so invasive of Kim's privacy and so disconnected from not only the considerations underlying the breadth of the government's authority to search at the border, but also the border itself, that it was unreasonable."
She also noted that laptop searches may require more stringent legal support, since they are capable of holding much more private information than a box or duffel bag. And while a routine search involves a quick look through a container, this search was quite different: "[T]he agents created an identical image of Kim's entire computer hard drive and gave themselves unlimited time to search the tens of thousands of documents, images, and emails it contained, using an extensive list of search terms, and with the assistance of two forensic software programs that organized, expedited, and facilitated the task."
She also noted that laptop searches may require more stringent legal support, since they are capable of holding much more private information than a box or duffel bag. And while a routine search involves a quick look through a container, this search was quite different: "[T]he agents created an identical image of Kim's entire computer hard drive and gave themselves unlimited time to search the tens of thousands of documents, images, and emails it contained, using an extensive list of search terms, and with the assistance of two forensic software programs that organized, expedited, and facilitated the task."
I've never seen where lack of justification ever stopped the government.
“He’s not deformed, he’s just drunk!”
The moral of this story is:
1) The TSA and assorted related three letter agencies don't give a crap about due process or warrants anyways
2) If you're travelling through the USA (into, out of, or stoppover in), either don't bring any electronics at all, or only bring freshly wiped stuff with absolutely no personal data on them. Blob up your personal files into a passworded file somewhere on the 'net that you can download when you get where you're going, and don't carry the URL for it on your person.
... agents created an identical image of Kim's entire computer hard drive ...
So in addition to conducting an illegal search, they also violated several copyrights.
The government argued that a laptop was simply a "container,"
They x-rayed it and it obviously wasn't full of explosives and it's not a liquid container of 3 ounces (or less) in a "one quart sized, clear plastic bag".
If they can prove that the files on the computer can somehow explode and be an imminent threat to the flight he was on, I might agree with the TSA. Otherwise I hope this judges decision is upheld. It would be a nice baby step toward having our constitutional rights restored.
What troubles me most is the mindset that allows this kind of bullshit to occur regularly- - and I can only assume it's because there is a now a concrete pattern of never prosecuting government officials for crimes like this.
The long-term message that comes from NOT prosecuting government torturers, mass surveillance-ers and directors who lie to congress is there will be no consequences, so there is no reason to stop. Is it Snowden who should be prosecuted, or every person who works at the NSA, knew what was happening and that it coudln't possibly be legal, and did NOT speak up?
PS- hi, nsa
He will have the IRS turn the guy's life upside down. Civil forfeiture and financial account freezes are the modern torture.
This is why I never fly with my primary computer, but with a burner laptop - usually a Chromebook that has just been reset to factory defaults and hasn't even been reconnected to Google yet.
I write sci-fi for metalheads
So long as an American citizen is travelling within the US, even if by air, there is no justification for any search or seizure of his or her personal documents, thoughts, or even religion.
My laptop may contain personal information, and only with a specific court order by a judge (not a blanket warrant for "all Americans") can they force us to reveal our personal data or thoughts.
It doesn't matter what their excuse is.
Can they scan it for potential hazards, or ask us to turn it on to "prove" it is not a hazard?
Sure.
But that is all the Gestapo can do.
-- Tigger warning: This post may contain tiggers! --
It's rather astounding that they went through the search and then decided that it was worth requesting the warrant. Did it never occur to them that they were doing things backwards?
The American Civil Liberties Union has long maintained that the authorities invoke the border exception rule to the warrant requirement to build cases when they don't have probable cause to get a warrant.
shocking enough, the border rule works up to 200 miles inland. People often forget law enforcement agents are not your friends, and generally do not have your best interest in mind. they can and do lie, falsify evidence, and purjor themselves on witness stands. They will rifle through suitcases and backpacks without a warrant, in the hopes you forget about that right. They will strike, kick, and even kill you for attempting to exercise rights or hold them accountable. Prosecutors and DA's offices care more about a successful conviction than a fair one, and so will often target a suspect with a litany of flimsy charges and lengthy jail time. The hope is that you accept a plea-bargain, convict yourself, and save everyone the discomfort of learning how many of these charges will not stand up in court.
Good people go to bed earlier.
And leave the battery at 1%?
I'm not sure how intricate they get with laptops, Are you just required to show that it turns on? They can't rifle through it if it's out of juice. Or do they keep an emergency set of generic power adapters?
"Well kids, you tried your best, and you failed. The lesson is, never try." -Homer Simpson
People do not realize the US has always exerted strong export controls. These accelerometers are most likely ECCN 7A001 (maybe 7A101) and software for their control 7D001 and drawings/specs 7E002 . All highly controlled.
I see no legal reason the border search exemption should be symmetric (incoming/outgoing) since the consequences are different -- inbound contraband can always be later seized; what is lost to outside is gone. DHS should have searched laptop and seized it if controlled material found (as in imminent danger of being experted.) Copy & release was very wrong.
I strongly suspect this ruling will be appealed and overturned, at least in part.
"with the assistance of two forensic software programs that organized, expedited, and facilitated the task."
Oh, a "software program"... As opposed to a hardware program? an exercise program? What's wrong with just calling it "software",
Take the HDD out. pack it in air bladders, ship it to the location you are going to, or to the hotel. Fly with the laptop, sans hard drive, or another that's just windows. Then when you get to your destination pop in the "real" HDD.
I was asked to login into my phone emails and facebook on the laptop flying back to Miami from Bahamas in my private plane.
4 officers took over an hour going over all pictures in my camera, emails going way way back, friends posts on facebook and facebook messages some over a year old.
I gave them all access immediately, but then asked about this process and they gave me a CBSA leaflet that explained if I denied them access they will confiscate the device, copy the contents and ship it back to me.
I got to keep my electronics because I gave them immediate access even though it cost me long distance data plans there.
Being a Canadian citizen, I dont think I have any teeth to complain to anyone but our own politicians here. And all they can do is make life miserable for US citizens entering Canada in retaliation.
I'm just so glad I havent cracked any stupid jokes regarding violence, drugs or terrorism in the last 1-2 years in any facebook messages or comments.
"Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
TSA et al have done the exact same thing with the laptops of people who aren't suspected of any criminal activity.
TSA doesn't conduct border searches; you fail on the very first sentence of your post. Border searches are typically conducted by ICE.
Actually, it's really irrelevant *which* agency does the search for these purposes. The question is the permissible scope of the border search exception, which is the same regardless of agency.
Fundamentally, arguments against the border search exception are usually weak. The Fourth Amendment was written largely by the same people who sat in the First Congress, and the First Congress explicitly granted customs officials the power to do thorough searches of ships, etc... in order to regulate contraband coming into the United States. Therefore we *know* that they considered such warrantless searches to be "reasonable" under the Fourth Amendment.
Laptops present a somewhat new issue because of how much of an intrusion a search of them represents, and there has been a little bit of pushback against *destructive* searches of people's property absent at least reasonable suspicion, but as a general rule the United States can do pretty much whatever it wants at its own border.
First it is a she. Amy Berman Jackson was appointed as a US DIstrict Court Judge by Obama in 2011.
We just need to realize this.... EVERY illegal search is depravation of rights under color of law. EVERY time evidence is tossed by a court, there should be felony charges filed against someone for having collected it in the first place....no matter what that evidence is, or why they thought it was ok. No Exceptions.
I don't get to claim I thought my actions were legal, why should they? If my ignorance is no excuse, why is the ignorance of a professional an excuse?
Start locking a few of these rogue agents up for a decade or so and see how privacy rights start getting a bit more respect, and the government itself too....because it will be respecting the promises it made to us in order for us to allow it to exist.
"I opened my eyes, and everything went dark again"
This makes me feel a bit better. Also makes me feel like a bit of an ass for being so lame about my computer organisational skills, both on my pc and on backups.
Life is like a box of chocolates, you never know when your gonna get food poisoning.
The TSA are idiots with no common sense. While I worked for a national security related police agency I was sent to Mexico to train their federal police officers. I had a plane change in New Jersey. Well the TSA decided that the 40 USBs in my bag, all brand new and still sealed in their packages, were "suspicious". So my plane left the US without any of my computer equipment - and of course no one told me. Everything was clearly labeled, I was travelling on a special government passport, and my police business card was attached to the bag with the equipment. The TSA folks opened all the USB wrappers and scanned every single one of the 40 blank USBs before sending them the next day on another plane. I now avoid the US on international flights as well as for tourism in general.
It's easy. If they don't find anything incriminating, they will install something incriminating themselves.
Why, exactly?
I'm curious. Because if it's that easy, I don't understand why everyone isn't in prison by now.
To have a right to do a thing is not at all the same as to be right in doing it
Lots of terrorists and terrorist sympathisers are, in fact, incredibly stupid.
To have a right to do a thing is not at all the same as to be right in doing it
I was expecting this to turn into a MyCleanPC spam post.
To have a right to do a thing is not at all the same as to be right in doing it
Are they allowed to do that with any other 'searches' that do not include a warrant? I mean, let's say that instead of a laptop you carried a briefcase full of documents. Could they photocopy those documents?
All outbound travelers should have a meaningful way of saying "no, I don't want you to search this thing. Hold it for me until I get back or until the person I designate retrieves it. I will pay reasonable and customary storage charges." The same option should be given for "not allowed on the plane" items like over-sized bottles, etc. where the flyer would not otherwise be arrested (in other words, either arrest and charge the person with a crime or give him the option of not having his "contraband" forfeited/trashed).
All inbound travelers should be able to say "no, I do not give you permission to search it. If it is suspected of being too dangerous to transport (e.g. explosives) you may destroy it at my expense, otherwise you may either ship it back to my home country at my expense or hold it until my departure and I will pay reasonable and customary storage costs."
Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.