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ACLU Sues TSA Over Electronic Device Searches (techcrunch.com)
The American Civil Liberties Union of Northern California has filed a Freedom of Information Act lawsuit against the Transportation Security Administration over its alleged practices of searching the electronic devices of passengers traveling on domestic flights. "The federal government's policies on searching the phones, laptops, and tablets of domestic air passengers remain shrouded in secrecy," ACLU Foundation of Northern California attorney Vasudha Talla said in a blog post. "TSA is searching the electronic devices of domestic passengers, but without offering any reason for the search," Talla added. "We don't know why the government is singling out some passengers, and we don't know what exactly TSA is searching on the devices. Our phones and laptops contain very personal information, and the federal government should not be digging through our digital data without a warrant." TechCrunch reports: The lawsuit, which is directed toward the TSA field offices in San Francisco and its headquarters in Arlington, Virginia, specifically asks the TSA to hand over records related to its policies, procedures and/or protocols pertaining to the search of electronic devices. This lawsuit comes after a number of reports came in pertaining to the searches of electronic devices of passengers traveling domestically. The ACLU also wants to know what equipment the TSA uses to search, examine and extract any data from passengers' devices, as well as what kind of training TSA officers receive around screening and searching the devices. The ACLU says it first filed FOIA requests back in December, but TSA "subsequently improperly withheld the requested records," the ACLU wrote in a blog post today.
Anyone caught at the border
This is about standard domestic searches NOT the border exception.
The articles referenced by the ACLU are in regards to ehanced X-Ray scanning as well as the usual "swab for explosives residue", I see no articles anywhere online talking about TSA wanting to review files stored on a laptop hard drive.
AC just stop taking phones and laptops loaded up with sensitive business and personal information to areas where a search is expected and legal..
A search of the digital contents of an phone or laptop storage is neither expected, nor legal, when traveling purely domestically from one US airport to another.
I take day trips from a US airport to another US airport (e.g. ORD->LGA) for work, usually flying in early in the morning, attending meetings (at which I need both laptop and phone and the data within), then flying back the same day. I believe my employer would support me if I refused to unlock my encrypted device for it to be searched, and as the device belongs to my employer, they'd be the ones filing a suit if TSA or CBP confiscated the device in order to perform a search.
As my flights for work are always purely domestic travel, such a search is not expected, and probably not legal.
I do not deploy Linux. Ever.
The complaint [aclunc.org] seems to conflate TSA and CBP searches, and alleges TSA is searching the contents of electronic devices held by domestic travelers flying through SFO, but provides no evidence to support this claim.
A complaint is not the document where evidence is provided. The complainant may well be holding their cards close so that the TSA hasn't the chance to alter, conceal, or destroy additional corroborating evidence they might be currently unaware they possess.
Not providing evidence in a court complaint filing is normal and not indicative of anything.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
"Why would anyone allow domestic travel to be less secure?"
First and foremost, FREEDOM you asshole. Secondly, this sad state of security that you support is not sustainable. It costs way too much, offering little protection, and impedes freedom. No one, including the government can protect you all of the time. Wake up to reality.
Searches at borders by Customs when you are crossing said border are considered reasonable. They have a duty and a law enforcement roll to ensure that our borders are secure and that you are not bringing illegal or pirated content into this country.
The TSA has no such ruling, they have no such scope of operations. Their job is to screen for weapons, nothing more. They are not a law enforcement agency. They have no basis or cause to be searching electronic devices for anything. But they are getting away with it because people can't usually afford to miss a flight.
I'm too lazy to compose a creative sig.
Why? Maybe because such searches are not in the scope or mission of the TSA. The TSA is not a law enforcement agency, they've tried to become one. but have been repeatedly rebuffed. Get caught trying to pass through security with a weapon and they call the airport or local city police to arrest you because they can't.
They have no business searching any electronic devices. Their mission is simple, screen passengers and their checked luggage for weapons capable of bringing down or hijacking an aircraft. Nothing more.
This is not a border crossing. The Supreme Court has repeatedly upheld the right to Travel freely within and out of this country as one of the non-enumerated fundamental rights of this country. These searches are a massive invasion of our 4th amendment rights and a massive mission creep of an agency that has a very simple job (that they are rather inept at doing).
They are not Customs which is tasked to control illegal content (pirated IP, Kidde porn etc) from entering the country. They are not a Law enforcement agency (FBI) tasked with trying to stop the existence and movement of illegal content. They are the TSA, tasked with making sure no weapons or bombs get into our airport Secure zones.
Please explain what content security screeners need to be looking for. What file (that a TSA goon is likely to find) is going to threaten a flight?
I'm too lazy to compose a creative sig.