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 issued by two DHS agencies…

DHS officials said that the newly disclosed policies — which apply to anyone entering the country, including U.S. citizens — are reasonable and necessary to prevent terrorism. Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter…

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.’”

Chertoff wrote. “Legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers’ often split-second assessments are second-guessed.”

Students of law and jurisprudence will love Chertoff’s premise that standards are to be abandoned in writing law. This leaves all decisive powers in the hands of the dude in uniform. He gets to make up standards on the spur of the moment.

No guidelines. No responsibility.

Thanks, Mr. Justin




  1. the answer says:

    Sounds like an easy way for a hacker to drop a load of trojans and viruses. “Sure keep that laptop jihad jihad jihad”. Bam. The C(un)IA is yours.

  2. MikeN says:

    Sounds about right. Isn’t this how customs usually operates?

  3. edwinrogers says:

    Given the unmentioned ties between big business and the US federal government, this should be of concern to any foreign businessman. Who traveling to a business meeting via the US, has his laptop seized , should beware that his commercially sensitive data will most probably be sold to the highest bidder. They would be better off traveling via Asia to their business destination.

  4. Malcolm says:

    Welcome to Amerika!

  5. JimD says:

    Bush TRASHES THE CONSTITUTION !!! Why hasn’t he been ***IMPEACHED*** ???

  6. dg says:

    Fundamentally ridiculous. There are *lots* of ways to get data into a country without carrying it across the border. Internet comes to mind.

    Then again, they probably intercept every single byte transmitted across the internet. So this catches the “world wide sneakernet” traffic. Makes sense now.

  7. SparkyOne says:

    With 550K autos per day traveling between Mexico and California in San Diego county alone, how many IT workers like myself are going to get our laptops checked? They can not stop illegal drugs or people what makes them think they can find and then stop information?

  8. Named says:

    7,

    That’s just it. They can just take ALL laptops / electronics. Every single one of them if the dopes in uniform think it’s a good idea. Hell, maybe they’ll have a staff meeting and see who can cram the most devices in a shift.

  9. ECA says:

    WOW, NEET, Cool…
    Has anyone remember RAW data?
    If you read the OLD floppy disks(1.44 meg) you saw this interesting note. It was REALLY 2 meg in RAW format. Once you FORMATED the disk you lost available space.
    When you read RAW format, you DONT see anything. Unless you know HOW to read the device, it has NOTHING on it.
    NOW, if you know this, can you see what is going to happen to EVERY DEVICE going threw the borders?
    IF they are smart..(which is saying alot) they will just set your DEVICE up to MIRROR every BIT/Byte on the device. And then let you go on your way.
    TIME to analyze this type of data?? and the rest of your DATA?? at LEAST 1 day per machine.
    I hope you dont have any PORN/Kid pictures/nudist pictures on it.
    THEN they have other reasons to NAIL you to the wall.
    ISNT THIS SELF INCRIMINATION??

  10. Improbus says:

    How to deal with this:

    1) encrypt a partition for file storage
    2) play stupid (pretend you’re in management)

  11. enuf_is_enuf says:

    I finally found something to agree with the republicans on: The government is the problem – at least this one is.

    What a cluster of uneducated, power mad, blindly loyal (to party only), destructive, cowardly idiots!

    They just don’t know about or care about the Constitution – one of the greatest documents in the history of the world.

    I hope I live long enough to see them get the justice they deserve; but I’m not optimistic.

    OMYGAWD!!! Obama didn’t wear a flag pin!!! Now there’s an issue.

  12. Li says:

    The business issue is the big one, but I can’t help but think that this is an excuse to nail everyone who isn’t connected for their MP3’s. Incriminate everyone, then arrest anyone who speaks up.

    In Europe, they call that an iron fist in a velvet glove. . . .

  13. Ron Larson says:

    Even if they “borrow” your laptop for a short period of time, in that time they can ghost your HDD. They send the copy off to break any encryption, help themselves to your content, sell any corporate secrets, etc., etc.

    In an even scarier senario, they have zero controls on what they do with their copy of YOUR data. What if they get hacked and all the data gets stolen. I’d bet a buck they have crappy security and don’t do a damn thing to protect your data while it is in their custody.

    Also, there is zero info on what they do with YOUR data when they are finished examining it. How long do they get to keep it? I would assume forever.

    Use TrueCrypt and a very long and difficult passcode. Use a 64 character random one generated by Steve Gibson at GRC.
    https://www.grc.com/passwords.htm
    There is no way to remember this password, or to type it. Keep this password on a USB key that is protected by a password you remember. You can also store this password, again encrypted by something you can remember, online in an email archive or FTP. Then just cut-n-paste the password to Truecrypt to open up your vault.

    This way, your laptop, and copies of your laptop, will be protected against theft of information.

  14. bajabiz says:

    The terrorists have won the war and WE the people let the bureaucracy default in our name

  15. chuck says:

    If you use TrueCrypt (or anything) to encrypt your data, and refuse to give them the password – they can arrest you for obstruction.

    The only defense is outright refusal to give them the laptop – it’s unreasonable search and seizure.

    An argument can be made that TSA must verify that your laptop is not a bomb. But to search through the data on it (as well as read the pocket fluff in your jacket) is unconstitutional.

  16. GregAllen says:

    Anyone temember the column Penn Jillette used to do for PC Computing magazine?

    In one column, he wrote a little Autoexec batch file that did a count-town timer when security powered-up your laptop.

    Someone should try that (if they don’t need to catch a flight anytime soon.)

  17. cranky pants says:

    Anyone care for a little goose-step?
    Sieg Heil! Sieg Heil! Sieg Heil!

    http://www.cafepress.com/gwb/197521

  18. ECA says:

    13,
    NO BETS..
    The USA gov and its affiliates have lost over 400 laptops in 10 years.

    might as well UPS/FEDX it to your location..and pick it up.

    ANd,
    do you think our WORLD leader and his friends have to do HALF THIS CRAP??

  19. Ivor Biggun says:

    Military Intelligence, Political Ethics, Jumbo Shrimp, Homeland Security….

  20. Jetfire says:

    Why is anyone surprised by this. They have been doing this forever with your luggage. It’s actually their job and duty to do this. The sad thing is it took them this long to do it really.

    #5
    “Bush TRASHES THE CONSTITUTION !!! Why hasn’t he been ***IMPEACHED*** ???”

    You really don’t understand the Constitution than if you think this is trashing it. Read up on the part about what can be done on border searches. They do not need any reason to search you or your belongings. It’s the law of the land. You do not have the same rights crossing the US border as you do within it.

  21. MikeN says:

    You consider this the first sign? For years now they have been searching you for drugs if you don’t eat your meal on the plane.

  22. lou says:

    Welcome to the G W Bush police state.
    Land of the free. My Ass !

  23. ECA says:

    24, and the rest of you…
    READ THE TOPIC..

    “Homeland Insecurity rejects standards for search, confiscation”

    GOT YA..you didnt READ THE HEADER..

  24. deowll says:

    The one thing you can say about shrub’s people is they are predictable.

    They seem to have gotten their ideas about civil rights and due process from the KGB.

    If nobody has any rights there can’t be any abuse of power.

  25. Uncle Patso says:

    from the full article:
    —–
    “Customs Deputy Commissioner Jayson P. Ahern said the efforts ‘do not infringe on Americans’ privacy.’ In a statement submitted to Feingold for a June hearing on the issue, he noted that the executive branch has long had “plenary authority to conduct routine searches and seizures at the border without probable cause or a warrant” to prevent drugs and other contraband from entering the country.”
    —–

    We all know what huge heaps of drugs can be hidden in all those bits and bytes, eh? This is one of the best examples of Double-speak I’ve ever seen.

    next paragraph of the article:
    —–
    “Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that ‘the most dangerous contraband is often contained in laptop computers or other electronic devices.’ Searches have uncovered ‘violent jihadist materials’ as well as images of child pornography, he wrote.”
    —–

    Ah yes, the child porn card, first, last and always played in the game of Erosion Of Civil Rights.

    and the next paragraph after that:
    —–
    “With about 400 million travelers entering the country each year, ‘as a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion,’ Chertoff wrote. ‘Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers’ often split-second assessments are second-guessed.’ ”
    —–

    Talk about a chilling effect! It seems they would really like to just close the borders entirely, but don’t have the authority, so instead they just make it such a hassle that no one wants to come here any more. All it will take is the arrest and conviction of a few more (or a few thousand more) people for things that are legal in their home countries and all them darn furriners coming here will stop and we’ll all be safe in our beds again!

    This is worse than the Commie hysteria of the ’40s and ’50s!

    # 13 Ron Larson said:
    “Use TrueCrypt and a very long and difficult passcode.”

    Sure, sounds like a good idea, except: they can demand you give them the passcode, and can (and likely will) keep you in jail until you come up with it.

  26. Glenn E. says:

    Apparently there is an increased need for Industrial Espionage, being carried out for the benefit of those entities that the current administration has connections to. Plus there is the side benefit of censoring any traveling journalists reports, who aren’t part of the pre-approved news establishment. So John D, if you think you’ll be able to spill the beans about something you learned at some european conference, about IBM or Microsoft. You’ll have to do so from memory (human). Because obviously, big business interests are going to be protected now, over the travelers’ rights (who apparently has none).

  27. UnaKRon says:

    …just…argg….

    God help us.

    Things that frustrate me: the exceptions of the 4th amendment and the definition upheld by courts of the term “Obstruction of Justice”


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