New TSA uniforms
A lot of business travelers are walking around with laptops that contain private corporate information that their employers really do not want outsiders to see.
Until recently, their biggest concern was that someone might steal the laptop. But now there’s a new worry: the laptop will be seized or its contents scrutinized at customs and immigration checkpoints upon entering the United States.
“They don’t need probable cause to perform these searches under the current law,” said Tim Kane, a Washington lawyer who is researching the matter for corporate clients. “They can do it without suspicion or without really revealing their motivations.”
Laptops may be scrutinized and subject to a “forensic analysis” under the so-called border search exemption, which allows searches of people entering the United States and their possessions “without probable cause, reasonable suspicion or a warrant,” a U.S. court ruled in July.
In one recent case in California, a federal court went against the trend, ruling that laptop searches were a serious invasion of privacy.
That court ruled, in that specific case, that “the correct standard requires that any border search of the information stored on a person’s electronic storage device be based, at a minimum, on a reasonable suspicion.”
Big Brother’s government is appealing that recent decision — of course.
I think it’s time we completed the transition to Imperial Democracy. New uniforms for the 27 flavors of police required to keep everyone in line should be the first priority for our next Congress.
This may seem obvious, but seizing and searching a purse for a weapon or other dangerous device is much different than searching a computer for data.
I understand that the government has the right to protect people riding on airplanes from imminent threats. However, I simply do not see any imminent threat from data on a laptop.
I can see if they are checking the physical contents to see if there are any drugs inside, but digital information inside seems ridiculous. They have no probable cause to check the laptops.
What about a lawyer whose hard drive contains privileged information? Or a doctor who has copies of a patient’s medical records?
1. You can’t harm anyone with a laptop.
2. If you were porting the data out, you could just send an encrypted email or FTP.
3. See first two lines. Isn’t it illegal for them to rummage through those?
Civil Disobedience is the only way we will turn back this clock.
Welcome to the United States of America, land of the free …. douh!!!
#1:
What is the data on the laptop tells you how to turn a cup of coffee into a weapon that can disable cabin crew by blinding them temporarily?
Don’t laugh. It could happen
Brian.
Brian, you need a laptop for that? You seem to have missed the point. Under this logic, customs officers will have to search every piece of paper, notebook, or physical document on my person as well to make sure I don’t have some knowledge that they deem as dangerous. The purpose of airport security, among other things, is to assure that passengers do not have phsycial weapons, not whether they have or know objectionable data.
Furthermore, according to the article, laptops are being seized and having their contents scrutinized “at customs and immigration checkpoints upon entering the United States,” after they have gotten off the plane.
James,
I think you missed the obvious humour in Brians comment.
SN, an acquaintance of mine bought what he thought was a legal copy of XP Pro on Ebay. He’s an aerospace engineer and often buys parts on Ebay for his motorcycle restoration hobby. Anyway, when the disk crossed the border into Canada it was inspected and seized because it was pirated. To make a long story short, Microsoft eventually decided not to press charges if he promised to report anyone he found with pirated Microsoft products.
JimR, Aha! I think you’ve nailed it. It has nothing to do with protecting the citizenry and everything to do with DRM.
#10, wrong. Totally different thing.
First, it was on the way into Canada, and second it was a disk, not the software on the computer.
#7, James, The Customs Agents already have the authority to see any piece of paper on your person or in your luggage. At their whim.
Mr. Fusion, they opened the package. It’s just a variation on the same theme. Look in your brief case… or look in your computer. You can hide illegal things in both places no matter which direction you cross the border. I hope you’re in a good mood today.
If they dont examine your computer how else can they find people who are bringing Child porn or other illegal software into the country on a laptop. Or how to tell when or where to computer was purchased.
If you travel abroad often (as I do) it is prudent to carry the purchase reciepts or CBP Form 4457 for your computer with you in order to avoid paying duty on your return to USA.
Folks, you have to realize that we are not talking about your local police stopping you and seizing your laptop. We are talking about crossing a national border. A whole different set of rules apply.
As far as the Fed court in California ruling goes. It doesn’t mean a thing it will be overturned.
Expect the worst to happen and plan accordingly.
What the heck do you expect! Where have you people been?
The country voted in a virtual dictator and a go along get along congress.
The press does not reports on issues, instead; (bending to public will) the press reports how one politician or star is doing better then the other. This country is all about going with the “winner”, just a bunch of band wagon fans. It makes me puke.
Well, we got a “winner” with G.W(ar).Bush, and what is the lame American majority going to do, nothing!
A laptop, blackberry, or cell phone, can be similarly searched during a traffic stop with as little probable cause as lingering in a known drug trafficing area. The most dangerous place for data loss is an automobile due to simpler things like theft, accident, or seizure.
That why i yank out my laptop Hard drive when traveling.
I just slip in a LIVE Puppy linux CD.
Boots right from the CD and i can surf using mozilla save to my online storage listen to mp3’s and more.
Best thing is —IT’S FREE!!!!
All linux distros are free and they have the advantage of high security due to the fact they can boot stand alone WITHOUT a hard drive even being in the laptop.
Want ot search my Hard drive??
Sorry, my computer has no hard drive.
Want to confiscate it TSA?
Keep it you got nothing but blank hardware along with a portable OS that leaves no record whatsoever of any sites i visit.
The Govt wants to be an @ss?
I can be one too!!! –teaching thousands of online users to use puppy linux since 2003.