This is absolutely insane
Posted by BrianFrom the Washington Post:
Federal agents may take a traveler’s laptop or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed.
Also, officials may share copies of the laptop’s contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
…
The policies state that officers may “detain” laptops “for a reasonable period of time” to “review and analyze information.” This may take place “absent individualized suspicion.”
The policies cover “any device capable of storing information in digital or analog form,” including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover “all papers and other written documentation,” including books, pamphlets and “written materials commonly referred to as ‘pocket trash’ or ‘pocket litter.’ “
That is crazy. Absolutely crazy. I would expect such policies in places like China or Zimbabwe, but not the U.S. We can’t even come back from Canada without the possibility that the government might take our “pocket litter” without any reason whatsoever. Unbelievable.
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August 2nd, 2008 at 9:03 pm
Eric Arthur Blair, as wrong as he may have been on many counts, foresaw a day like this over a half century ago.
August 3rd, 2008 at 5:08 am
My laptop was seized by US Customs on a return trip from Canada in 2005. They had no reason to seize it as I told them who I was, where I had been, that I was a candidate for Governor of Alabama, my passport was in order and so forth. But, they took it anyway, copied the hard drive I’m sure and returned it to me an hour after I had missed my flight. Now when I travel to Canada I no longer take my laptop and I buy a cheap ‘pay-as-you-go’ cell phone to take with me as well.
August 3rd, 2008 at 7:56 am
Let the two minutes hate begin! I hope they install my telescreen soon…I want a bright blue one!
August 3rd, 2008 at 9:16 am
Ah, but you see this is all for the sake of the children, oppressed minorities, defend America, oil speculators, fill in the blank. Don’t expect either of the parties to reverse it after the elections.
In the fwiw category, Customs and Postal folks around the world have always claimed the ability to review and confiscate written documents, books, papers, magazines, etc. So this is nothing really new.
August 3rd, 2008 at 9:58 pm
I’m not up to speed on my Customs regulations and procedures, but has the “review and confiscation” also historically included citizens coming back into the US?
August 4th, 2008 at 7:01 am
Yep, subversive literature, (anarchists in 1890’s to 1940’s), pornography (for various definitions thereof), to now a days, trademark/copyright infringing books, DVD’s etc. You may have to prove your Sony laptop, Nokia cell phone, etc were bought in the US before you left or either pay duty or have it confiscated.
Look over this pdf from Customs for a quick overview.
August 4th, 2008 at 11:38 am
In the same vein as Walt, the most troubling aspect of that article to me was that it “was already standard policy” but was just now being announced. How does that not violate the “unreasonable search and seizure” clause?
August 4th, 2008 at 12:52 pm
Political Junkie, the courts don’t see it as a problem.
A cure for boredom would be to look up the cases wikipedia cites at altlaw.org.
August 6th, 2008 at 8:53 am
So much for any protection against unreasonable search and seizures. Our founding fathers must be turning in their graves.