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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.

27 of 115 comments (clear)

  1. Electronic devices by AHuxley · · Score: 2, Insightful

    Who would risk "electronic devices" in any setting thats got security and that US courts have talked about what can be searched over generations?
    Stop taking private and business related sensitive "electronic devices" to areas where a search can be expected and a search is legal.
    US courts have been asked every generation to offer protections, the right to a lawyer, to courts, to not have a bag searched, to not be questioned, to not have electronic devices questioned.
    Every generation expects "airports" to be court corrected over searches.
    Every generation the US courts return with the concept that bags and devices can be looked at and questioned as part of travel.
    Photographs can be looked at. Bags can be looked into.

    When a search is expected:
    Travel with a computer that has only a few new business and productivity apps on new storage. Nothing to show, nothing to recover, nothing to find.
    The computer like device works when asked to show it can be powered on. The productivity apps run, a new document can be created. No other digital files exist on that computer.
    A text file with the contact numbers and details for within the company that match up to a web site.
    VPN and use other secure methods later to get files and data in another part of the USA, another nation.

    --
    Domestic spying is now "Benign Information Gathering"
    1. Re:Electronic devices by msauve · · Score: 2

      Who would risk "electronic devices" in any setting thats got security and that US courts have talked about what can be searched over generations?

      Aldous,

      Lay off the Soma for a while, and come back when you're able to write coherent sentences.

      Thank you,
      The Anti World State

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    2. Re:Electronic devices by Anonymous Coward · · Score: 3, 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" is pretty god-damned mother-fucking clear-as-crystal. So pardon the shit out of my mother-fucking french for expecting the god-damned government to get a mother-fucking warrant first.

    3. Re:Electronic devices by dwillden · · Score: 4, Informative

      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.
    4. Re:Electronic devices by BlueStrat · · Score: 5, Insightful

      ANAL, but my understanding is that courts have found that searches at borders or airports are reasonable.

      This is not about people traveling on international flights. This is about US citizens traveling on domestic flights within the continental US and never leaving US airspace.

      Neither the TSA nor Customs/Border authorities have the authority to perform any search of domestic travelers, demand ID/papers, or demand that you answer their questions.

      It is quite likely that these searches are ordered quite deliberately only as verbal orders so as not to leave a paper trail for when FOIA requests start rolling in like now. Likely, they just get a phone call from some department, agency, or agent/officer/official requesting they search some person of interest, follow through, and report back by phone without creating any documents revealing the practice of performing unconstitutional searches without a warrant. Stonewalling or otherwise stymieing legitimate FOIA requests and other legitimate requests for documents, even subpoenas from Congress, seems to be quite in vogue for the US government.

      That's what happens when governments get too big and powerful; they start breaking their own laws with impunity while using those same laws as a weapon against opposition and those who would hold them accountable for their crimes.

      The TSA very likely has not provided any responsive documents in response to the ACLU's FOIA request because the policies in question are not of the written variety so they cannot provide that which they deliberately chose not to create.

      None of which should surprise anyone. The federal government has trampled on every one of the 10 rights in the BoR, I'd contend even the 3rd Amendment which forbids the quartering of soldiers. The reason the Third was created was the King would send soldiers to "quarter" in the homes of colonists they suspected of rebellion so the soldiers could search everything and watch everything they did.

      I contend the US government is quartering *digital soldiers* in our devices in the form of the tools and vulnerabilities created or kept quiet in order to perform the same task as the King's soldiers did in spying on the colonists.

      Our freedoms are disappearing quickly. Better wake up and make some noise, as it may already be too late to stop it.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    5. Re:Electronic devices by gnick · · Score: 2

      ...searching is the lie, installing software when you are not looking is the reality.

      Do you have anything to back that up? Sounds paranoid.

      They want to take you phone, simply refuse and catch the next flight...

      Right. Because they're going to change the rules between the flight you booked and the next one. Let me know how that works out. I've got shit to do and I'm not going to explain to my customer that I'm a day late because I didn't want TSA to see my selfies.

      --
      He's getting rather old, but he's a good mouse.
  2. Why do people demand that they be caught? by AlanObject · · Score: 3, Insightful

    I have to travel with my laptop but if I had anything to hide it sure as hell wouldn't be there. Anyone caught at the border with something illegal is an idiot an is destined to be caught.

    Why the hell woudn't they encrypt it, stash it on a server, and downloaded when they get home? Alternatively send it to a home server before you even get on the plane? Then, of course, deep-delete everything.

    1. Re:Why do people demand that they be caught? by Anonymous Coward · · Score: 5, Informative

      Anyone caught at the border

      This is about standard domestic searches NOT the border exception.

    2. Re: Why do people demand that they be caught? by Anonymous Coward · · Score: 2, Informative

      "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.

    3. Re:Why do people demand that they be caught? by dwillden · · Score: 5, Informative

      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.
    4. Re: Why do people demand that they be caught? by Anonymous Coward · · Score: 2, Interesting

      Oh shit, my bank account has a password on it. I must be committing wire fraud and I should turn myself in.

      The presence of a lock does not indicate guilt. We put locks on things because there are bad people in the world. Under the DMCA *you* can be jailed for breaking a DRM lock. If the government is just going around pipe-wrenching people to break open all locks then THEY ARE THE BAD PEOPLE.

      This is an end-run around the constitution. If anywhere less than 100 miles from a border is a constitution-free zone and they slice up the US states into 100 mile wide bordered âoestatesâ then the constitution doesnâ(TM)t apply *anywhere*...we should just throw the constitution away and be done with it. The founding principles of this great country are gone and weâ(TM)re living in the tyranny that our forefathers escaped here to avoid in the first place. So...The next Mayflower is going to Mars?

    5. Re:Why do people demand that they be caught? by Anonymous Coward · · Score: 4, Interesting

      Shit, well scratch that, I was wrong. You are likely to be arrested, but quite a few lawyers claim they can get you off:

      https://www.ciyoudixonlaw.com/firearms-law/what-happens-if-i-accidentally-take-a-gun-through-an-airport-security-checkpoint/

      https://nolacriminallaw.com/the-problem-of-firearms-at-tsa-checkpoints/

      https://criminal-defense-attorney-tampa.blogspot.hr/2012/03/accidentally-bringing-gun-to-airport.html

      The short of it is you should always clearly state that you did not know there was a firearm in your bag. That will get you off the criminal charge, but the slimy TSA fucks will still hit you with a $10k civil fine. There are a number of ways to get that down, but you may still end up paying something....sigh.

    6. Re:Why do people demand that they be caught? by Sloppy · · Score: 2

      I have to travel with my laptop but if I had anything to hide it sure as hell wouldn't be there. Anyone caught at the border with something illegal is an idiot an is destined to be caught.

      [Emphasis mine.] Ok, now imagine you don't have anything to hide. What happens then? Do you think that magically prevents the search?

      The government got caught red-handed doing the searches, and they arn't even denying they were doing it. They did the searches before, and independent of, whether or not they found anything interesting. So the whole "if I had anything to hide" thing is totally irrelevant.

      Why the hell woudn't they encrypt it, stash it on a server, and downloaded when they get home? Alternatively send it to a home server before you even get on the plane? Then, of course, deep-delete everything.

      Whatever "it" is, they're not going to know whether it's on your phone or not until after they've committed the unjustified search. Wherever you store "it", that doesn't prevent the search from happening. And the search (not them finding or planting something) is what's the problem here.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
  3. TSA has ONE job by Anonymous Coward · · Score: 5, Insightful

    TSA has ONE job. Keep people from bringing dangerous items on planes. The data on electronic devices doesn't qualify as such. This actually makes flying less safe because it distracts TSA from keeping truly dangerous items off of planes.

    1. Re:TSA has ONE job by AHuxley · · Score: 2

      Data on electronic devices can show a persons support of and funding for a banned group.
      That they travelled to a nation to support and funded a banned group.
      Photographs, faith based and political support for groups of interest to the USA. Funds for and meetings with people and groups of interest to the USA.
      GPS, images that show the device owner when questioned was in a nation they failed to mention when asked about.

      --
      Domestic spying is now "Benign Information Gathering"
    2. Re:TSA has ONE job by youngone · · Score: 2

      I thought the TSA's job was to shout "PAPERS PLEASE" at Americans to get them used to being watched by their own homegrown Gestpo.

    3. Re:TSA has ONE job by Nonesuch · · Score: 3, Interesting

      Data on electronic devices can show a persons support of and funding for a banned group. That they travelled to a nation to support and funded a banned group. Photographs, faith based and political support for groups of interest to the USA. Funds for and meetings with people and groups of interest to the USA. GPS, images that show the device owner when questioned was in a nation they failed to mention when asked about.

      While these are within the scope of a U.S. Customs and Border Protection (CBP) search, all of the above are outside the allowed activities of the TSA.

      The article states " This lawsuit comes after a number of reports came in pertaining to the searches of electronic devices of passengers traveling domestically.... TSA does, however, have public policies pertaining to the search and seizure of electronic devices at the border and during international trips."

      The complaint 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.

    4. Re:TSA has ONE job by BlueStrat · · Score: 4, Informative

      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.
  4. You don't have to give up sight of your property by mbeckman · · Score: 4, Interesting

    The TSA's own rules say that you can keep your belongings in sight while they are being inspected. The ACLU said of one woman passenger searched in the security line: "The agents did not ask her to unlock the phones, but took them for at least 10 minutes out of her view, she said, adding that she quickly became distraught." She should have loudly and repeatedly demanded to regain sight of her property. I've done this and gotten them to comply.

  5. Re:Freedom is a fantasy, and so are your "rights". by Nonesuch · · Score: 5, Informative

    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.

  6. Re:You don't have to give up sight of your propert by b0s0z0ku · · Score: 5, Insightful

    Better solution: Bring a phone or laptop with hidden recording enabled and keylogger through a TSA checkpoint. See exactly what the fucking pigs are doing -- if it's recorded and keylogged, it's no longer secret. Post it on Youtube and Cryptome.

  7. Standard response by Chelloveck · · Score: 4, Funny

    Dear ACLU, here is the information you requested. [REDACTED][redacted][REDACTED][redacted][REDACTED][redacted][REDACTED][redacted][REDACTED][redacted][REDACTED][redacted][REDACTED][redacted][REDACTED][redacted][REDACTED][redacted] and the horse you rode in on. Love, TSA.

    --
    Chelloveck
    I give up on debugging. From now on, SIGSEGV is a feature.
  8. Re:You don't have to give up sight of your propert by PinkyGigglebrain · · Score: 4, Insightful

    People!

    Could we please stop calling police and other LEOs "Pigs"?

    To the best of my knowledge no member of the species Sus (includes boar, warthog, etc.) has ever done anything to deserve that kind of insult.

    Call the TSA and LEO's what they are: "Brownshirts"

  9. Re:One Life by Scarletdown · · Score: 2

    Shredding the 4th Amendment just to feel a little safer? Go fuck yourself and drink Draino. Unless of course you were just trolling. In that case, drink Draino and go fuck yourself. :p

    --
    This space unintentionally left blank.
  10. The No Fly List by aberglas · · Score: 2

    Law enforcement needs to go through the courts to punish (at least in theory). The TSA can just put you on a No Fly List. No appeal possible.

    Do not mess with them.

    (It always amazes me that the USA has the strongest constitution yet the ugliest laws. What would the USA be like without any constitution, better or far worse?)

  11. Stopped Flying... by rally2xs · · Score: 4, Interesting

    ...because of TSA nonsense. If they're going to feel me up, if the airlines are going to beat me up, and if they want to look at my phone and computer, they're going to have to chase me down at 80 mph on I-10 to do it. I like to drive anyway, and they can take their big brother state and shove it. All they're doing, from the bag searches to these electronic searches, are illegal under the 4th Amendment according to Judge Napolitano on Fox News. He was very specific. Illegal. But they just do it anyway.

    Stick my bags in the trunk, phone on my belt and computer on the seat beside me, and they're going to have to work to see any of 'em.

  12. Define "unreasonable" by sjbe · · Score: 2

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" is pretty god-damned mother-fucking clear-as-crystal. So pardon the shit out of my mother-fucking french for expecting the god-damned government to get a mother-fucking warrant first.

    Here's the problem with your little rant. They know the weakness in your argument and in that particular amendment is in defining the word "unreasonable". If they convince a court that the search is a reasonable one then that whole pesky amendment problem goes away. They don't have to get a warrant if they can convince the courts that what they are doing is reasonable. The entire amendment hinges on what we define the word "unreasonable" to mean and that is the bit under attack.