In response to the green light given by the 9th Circuit Court of Appeals, Customs and Border Protection just released its new policies for searching and seizing laptops at the border. While the new policies require that CBP destroy copies of content seized if nothing illegal is found, according to Peter Swire's post this morning on Think Progress, "That is far from comforting, even once you get your laptop back days or weeks later, because 'nothing in this policy limits the authority of an officer to make written notes' about what was in the laptop."
Swire also points out that the way the policy is written, "Officers may detain documents and electronic devices," including iPods, cellphones, pagers, and other electronic storage devices. And if you happen to have ANY unlicensed songs on your iPod, phone, or computer, watch out. You have something illegal on your device. Now CBP can retain all the content they copied from your devices.
The bottom line is that the policy is still wanting for the meaningful privacy safeguards needed and called for in the "Hands Off My Laptop" campaign I mentioned in my earlier post on this issue. The range of devices lumped into this policy, coupled with the continued practice of searches "absent probable cause," makes me very uncomfortable (I wonder how the prospect of large numbers of iPods confiscated at the border will affect Apple's sales and stock prices).
Despite the posting of the policy, conducting and publishing a Privacy impact Assessment is still needed. There are still too many questions unanswered by CBP's policy. It still leaves room for racial profiling. It still allows CBP to keep written notes about the contents on devices that contain no illegal content. It still provides no clear sense of how long CBP can keep the devices or the content. And it still leaves open the ability of other agencies sharing the information with CBP to keep notes taken about the contents of the devices.
Senator Russ Feingold (D-WI) plans to introduce legislation to codify protections against many of these concerns into law. Clearly, if CBP isn't going to address them, Congress has to.
As for our seizing our first born, if the day comes when babies have chips implanted in them, perhaps to provide digital identification or records of vaccinations (or other data), I am sure Customs will weigh its options to confiscate them at the border, too. Call me cynical, but given the open questions of the current policy it doesn't seem too far fetched.
I am shocked to see this author using the word, 'uncomfortable' in this context. Outrage is more like it. When I first read of this law being OKed I was outraged. People need their informational devices in this day and age. To give people at borders full license to CONFISCATE(!) our laptops, etc. is unconscionable. It is so obvious that it leaves a citizen absolutely no privacy -- at all. 'Give it back in a few weeks'? This is terrible. And of course anyone looking at the laptop will be able to keep anything, notwithstanding the 'judge's' (what kind of a judge does this?) instructions to 'destroy any information gotten from it. Why would anyone copy someone's information anyway? Unless it directly relates to terrorist activity. But the administration's loose, loose definition of 'terrorist' would encompass almost anybody -- these days.
Have none of these judges read the Constitution? Along with dismissing habeas corpus (!!!!!) this one is just reminiscent of China's treatment of IT'S citizens. Or of the Soviets' treatment of theirs. It is absolutely and totally unbelievable.
Contribute to Kucinich and his impeachment efforts. If we give Kucinich enough money, he can become a power center in congrees.
It is also frightening that even if they find nothing to keep your electronics that they can keep a record of what you have indefinitely. That means that they would have a record of every password, e-mail account and every website where you are registered (or have looked at recently). While the government itself might not be interested in what's on your computer there are always disreputable people who might be able to gain access to your credit cards, your social security number and your banking records from information on your laptop.
Once U.S. Customs grabs your gear, where does the data go?
The term big brother has chosen is your local friendly " Fusion Center"
http://www.aclu.org/privacy/gen/fusion_map/
http://www.iir.com/global/guidelines.htm
http://arstechnica.com/news.ars/post/20080324-fusion-center-meltdown-feds-stifling-open-government-in-va.html
Forgienrsa have more rights that Americans do here now.
Actually , its here. The RFID chip is being used in passports, in people, and in products:
http://www.securityfocus.com/columnists/169
And the makers of the RFID chip, VeriChip, already have medical patient programs http://www.verimedinfo.com/for_patients.asp
as well as programs for infants and wandering old people (though not implants from what I can tell):
http://www.verichipcorp.com/content/solutions/infant_protection
Just saying...
Smart business can avoid the cost, hassle and insulting nature of these measures by employing advanced, secure, broadband video conferencing and the use of corporate Podcasts for information sharing.
Employees who must travel for the purpose of Keynote or PowerPoint presentations can upload strong encrypted data needed to a secure server and then download it once they arrive at their destination.
Cell phone and PDA contact lists can also be uploaded
and downloaded in this manner.
Corporate owned laptops should have their hard drives replaced or be hard overwritten to default settings.
IT procurement specialists may want to consider outfitting critical employees with laptops that allow
for easy hard drive replacement.
A clean machine is the best way to avoid intrusion.
Keeping in mind that DHS may install spyware on any
seized device, it would be a good idea to overwrite or
replace the hard drive of any device that has been returned.
Obviously any computer showing target applications such as LimeWire or other P2P applications should be cleared of those applications.
If you are foolish enough to travel with illegal files, then you are setting yourself up for trouble.
These counter-measures may seem extreme, but no more extreme than what is needed to stand up to this blatant abuse of power.
Law abiding citizens need to send a clear message
that this abuse of power simply will not be tolerated.
See the NYT article 'Italian’s Detention Illustrates Dangers Foreign Visitors Face' for more
http://www.nytimes.com/2008/05/14/us/14visa.html?_r=1&sq=Italianboyfriendarrested&st=cse&adxnnl=1&oref=slogin&scp=34&adxnnlx=1217689436-lOp1cUfSBxC7EeYD6nj6Tw
BUT THE SOVIET COMMUNIST WERE SEARCHING TO STOP DRUGS AND PORNOGRAPHY FROM BEING SMUGGLED IN.
Americans love their Ponography!