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This starts with inspecting people’s computers who are entering our country. But if it’s allowed, it’s a small step to allowing the government to check it at will anytime, perhaps remotely via the Internet just because it doesn’t like what you write about it using that computer. Interesting debate about what a hard disk really is, too. Big Brother, indeed.
If Your Hard Drive Could Testify
[T]he government contends that it is perfectly free to inspect every laptop that enters the country, whether or not there is anything suspicious about the computer or its owner. Rummaging through a computer’s hard drive, the government says, is no different than looking through a suitcase.
One federal appeals court has agreed, and a second seems ready to follow suit.
There is one lonely voice on the other side. In 2006, Judge Dean D. Pregerson of Federal District Court in Los Angeles suppressed the evidence against Mr. Arnold.
“Electronic storage devices function as an extension of our own memory,” Judge Pregerson wrote, in explaining why the government should not be allowed to inspect them without cause. “They are capable of storing our thoughts, ranging from the most whimsical to the most profound.”
30 Awake. Not only are safety judgements made in those areas, but people are also paid to perform the duty of of making tens of thousands of life & death decisions everyday in hospitals, emergency situations, industrial safety and law enforcement. As it happens, also regardless of what you might have to say about it.
RBG
#31 –
How many of those areas are staffed by government employees with exclusive loyalties to their employer ?
Dude, I ain’t smart but even I can judge the future based on a past you obviously have been enjoying these last 8 years of abridgements to freedom.
Security at any cost ? As the other guy said..get thee hence to N.Korea if that’s what it takes to make you happy.
Any time you or anyone else is willing to trust without reservation a government entity…Fk it dude..read about why we ditched the Brits.
I live in a very nice part of the U.S.A., by many accounts. One thing about it though — the county jail, the state prisons and the federal pens are all full. I figure it’s like that across this great land of ours. My point is this: Why bother looking in computers for illegal stuff, when there just isn’t a way to punish the people more?
#12, Named,
You clearly state that if you declare firearms and appropriately store and ship them you have no issues.
No I didn’t. I said they had to be appropriate weapons stored safely. In other words, guns such as an automatic rifle with a 30 round magazine or a handgun are not allowed without a permit and license. If it is a hunting rifle stored loose in the back seat loaded, that would be confiscated too. So even if you declare your weapon, you might not be able to bring it into Canada.
You might declare your laptop. Customs, however, has the authority to dismantle it looking for contraband and hand you back the parts. And they have dismantled items before. If you ever saw the movie The French Connection (1968?), they tore apart a car looking for drugs. The car was ripped to shreds even before they found the drugs.
When you go through Customs, you have no rights. If you refuse to unlock something, then they may break the lock. If that requires having a technician attempt to hack into your computer, then don’t put it past them to strip it down.
***
Babies in bathtubs are not kiddie porn. I would not be worried about anyone thinking such. Especially if they were maybe 100 out of maybe 2,000 pictures. If that was the only scene in which they were taken, that might be a little different story.
I have close to 10,000 of my kid from a baby to age eight. There might be 200 or 300 of her nude or in the tub. Some with her cousin. I have tried to compose the photos to cover any genitalia by photo-shopping in bubbles, face cloths or other items. At the time it was more considering that one day she will be old enough and I didn’t want her to be embarrassed. Your point has just given me another reason why this was a good idea.
You bring up a good point though. Most adults have some fear deep inside of being accused of kiddie porn or abusing their children. If it frightens you that much, you might consider deleting them from the laptop.
#34 – Babies in bathtubs are not kiddie porn. I would not be worried about anyone thinking such.
You should be…
Most countries figure they can do just about anything they like to people going across the border, so don’t get too caught up in what the US does. Jeez, some people figure the US is the only country in the world and US law controls the world.
That said, some of the US ports of entry are really bad, and the people in the Embassies in some parts of the world are really jerks when it comes to passing out visas. Poles, especially, are treated like absolute dirt, from what I’m hearing from the seasonals I work with.
Yes, use TrueCrypt – have to worries.
34,
That’s just it. I shouldn’t be afraid of bringing my laptop. Aside from pot smoking, I’ve received one speeding infraction and contrary to that I did receive a civilian citation for apprehending an armed robber. Stupidist thing I ever did. I’m a pretty clean cut dude, even if my thoughts are subversive. But that’s just it. This kind of search can be used to CREATE a case. Just like confiscating lighters, sometimes you just have to justify your job. But this is one scary way of doing it. Do they also plan on going through note books? Should novels be investigated? It seems simple “its a laptop, leave it at home” but for journalists, students, business, medical, hell ANY type of lifestyle, the laptop may be impossible to leave behind.
And, since you’re now photoshopping out of fear, you’ve lost.
BUT, you should never photoshop out of protecting her from embarrassment. These are cards you hold close to show when needed… IF needed.
34,
This is prolly for you…
http://tinyurl.com/2lhseh
#34, 35: There have been people arrested and possibly prosecuted for taking innocent nude pictures of their children. I don’t have a link and am too tired to try and find one, but I remember stories on this happening.
Correction – here’s one: http://tinyurl.com/2ruy6y
C’mon Geeks! This is your chance to save the world.
Our hard drives need to be 100% encrypted by default — all transparent to the user.
It isn’t just Big Brother we need to worry about — it’s also Little Brother like the snoopy IT guys at work.
We also need to worry about our personal info on OTHER computers: like our credit card numbers on the laptop of some goofball who keeps it in his car (like my number was likely stolen: http://tinyurl.com/kvdnn )
Also, if our computer is hacked into, our files should not all be open at once.
Clearly Microsoft isn’t going to do diddly for us in this regard. And the conservatives are going to block any consumer rights efforts towards privacy.
C’mon Geeks! Stand up! We need serious, hard encryption at all levels in our computing lives.
Named, it’s not just your IRS tax returns that you have to provide for inspection (a tautology since you send them to them anyway.) If you are audited, you have to provide just about everything.
42,
So, I have to provide my library of books, pictures, CDs, movies and the like? Doubtful. If I declared them as expenses, I imagine I have to show them my receipts / bills.
Uncle Dave, thanks. Another reason why the US is on my list of places NOT to visit, along with North Korea, China, Burma / Myanmar, Afghanistan, and any other dictatorships. Good luck down there!
TrueCrypt with plausible deniability is fine. Also Private Disk Light. I use it, but without it installed on the hdd. That way the encrypted file can’t even be detected without a CD that has the software. So all anyone can see is just another .bin file on the hdd.
Check this out from Dec 14 2007 — Judge: Man can’t be forced to divulge encryption passphrase.
http://www.news.com/8301-13578_3-9834495-38.html
I don’t know that a border search to anytime access is a small step. Some distrust of government is healthy, but that assertion strikes as fear mongering.
Border searches have had an exception 4th amendment in that they don’t require a warrant though more invasive searches generally require reasonable suspicion. If you’ve got something that you don’t want other people to see put in a non-descript encrypted file or copy it off and leave it at home then securely delete it from your laptop.
#44, Bubba,
True, the Judge ruled the suspect does not have to reveal his password. If the prosecutors can decipher it on their own though, they could prosecute him.
The other case you mentioned above was dropped by the prosecutor and he apologized to the woman.