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Dead Constitution
See other Dead Constitution Articles

Title: DHS: Expect your computer to be seized without suspicion
Source: Betanews
URL Source: http://www.betanews.com/article/DHS ... d-without-suspicion/1251488759
Published: Aug 28, 2009
Author: Scott M. Fulton, III
Post Date: 2009-08-28 22:47:54 by IDon'tThinkSo
Keywords: DHS, WOT
Views: 536
Comments: 18

DHS: Expect your computer to be seized without suspicion

In what was presented to the public this week as a clarification of its privacy policy, the US Dept. of Homeland Security published a paper referring to new guidelines for its immigration and customs agents regarding how they may conduct border searches of travelers' computers and electronic media.

Clarifying the existing law, both sets of guidelines reiterated the department's policy created during the previous administration: Agents may seize, detain, and/or retain individuals' PCs and media without having reason to suspect that those people or those machines and devices are connected with a crime.

Click for Full Text!

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#1. To: IDon'tThinkSo, *libertarians*, *Jack-Booted Thugs* (#0)

Agents may seize, detain, and/or retain individuals' PCs and media without having reason to suspect that those people or those machines and devices are connected with a crime.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - 4th amendment of the us constitution

If one doesn't fit neatly into some government category, they're different and must be fixed.-jethro tull

freepatriot32  posted on  2009-08-28   22:56:00 ET  Reply   Trace   Private Reply  


#2. To: IDon'tThinkSo (#0)

Appropriate safeguards and audit trails will be kept to track when and where information is exchanged, but for the sake of privacy, that information will be kept private.

Oh, OK.

Iran Truth Now!

Lod  posted on  2009-08-28   22:59:01 ET  Reply   Trace   Private Reply  


#3. To: freepatriot32 (#1)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. - 4th amendment of the us constitution

You may have a case. You vehicle is considered an extension of your home. Court rules use that defense to allow people to have guns in their car.

PaulCJ  posted on  2009-08-28   23:09:36 ET  Reply   Trace   Private Reply  


#4. To: IDon'tThinkSo (#0)

US Dept. of Homeland Security

new guidelines

Agents may seize, detain, and/or retain individuals' PCs and media

machines and devices

These commie bastards will probably be stealing a lot of cell phones too.

sizzlerguy  posted on  2009-08-28   23:11:30 ET  Reply   Trace   Private Reply  


#5. To: Lod (#2)

Appropriate safeguards and audit trails will be kept to track when and where information is exchanged, but for the sake of privacy, that information will be kept private.

Oh, OK.

Hahahahahahaha ... that should be every O-Bots tagline !!!!

The U.S. Govt is a tyrannical butcher; U.S. taxpayers are accomplices to international murder and mayhem. If you satisfy your fears by bowing to this butcher, you forfeit your humanity for a pound of flesh.

noone222  posted on  2009-08-29   1:26:03 ET  Reply   Trace   Private Reply  


#6. To: freepatriot32, all (#1)

...4th amendment of the us constitution

It's just a goddamn piece of paper. -W

This has been going on for some time now. Anyone leaving should encrypt their hard drive and any plug-in media. A better alternative is to use encrypted CDs and USB drives and mail them back home, leaving the info off the hard drive entirely.

https://ssd.eff.org/your-computer/protect

No point in making it easy for the bastards.

.


Click for Privacy and Preparedness files

PSUSA  posted on  2009-08-29   8:04:10 ET  Reply   Trace   Private Reply  


#7. To: IDon'tThinkSo, *Bilderberg and NWO Watch* (#0)

thanks for posting this very good and mind-boggling article. this is important so i will paste the entire thing here.

------------------

http://www.betanews.com/article/DHS-Expect-your-computer-to-be-seized-without- suspicion/1251488759

DHS: Expect your computer to be seized without suspicion By Scott M. Fulton, III | Published August 28, 2009, 3:55 PM Print Article E-mail Article 19 Comments

In what was presented to the public this week as a clarification of its privacy policy, the US Dept. of Homeland Security published a paper referring to new guidelines for its immigration and customs agents regarding how they may conduct border searches of travelers' computers and electronic media. Clarifying the existing law, both sets of guidelines reiterated the department's policy created during the previous administration: Agents may seize, detain, and/or retain individuals' PCs and media without having reason to suspect that those people or those machines and devices are connected with a crime.

"ICE [Immigration and Customs Enforcement] Special Agents acting under border search authority may search, detain, seize, retain, and share electronic devices, or information contained therein, with or without individualized suspicion, consistent with the guidelines and applicable laws set forth herein," states the new policy for immigration authorities published last August 18 (PDF available here). "Assistance to complete a border search may be sought from other Federal agencies and non-Federal entities, on a case by case basis, as appropriate."

The guidelines for Customs & Border Patrol (CBP) agents says pretty much the same thing, adding that whenever a CBP agent encounters technical trouble figuring out how a mechanism works, or what the meaning of some piece of information is, he can seek help from other US government sources. "In such situations, Officers may transmit electronic devices or copies of information contained therein to seek technical assistance from other federal agencies," reads the CBP guidelines (PDF available here).

What's been a subject of contention ever since the government tightened border inspection policies in the wake of 9/11 hasn't been so much agents' rights to act without suspicion (although for some, that already crosses the line) as the authority DHS grants them to transmit the information they find elsewhere, under the auspices of "seeking help." Both guidelines now state that agents may only seek help from other federal sources, but they are not explicit with regard to what level -- for example, whether a private consultant under retainer for the FBI would qualify.

In their assessment of the extent of the risks this clarified policy might pose to citizens' and visitors' personal privacy, published last Tuesday (PDF available here), both border agencies, acting jointly, identified six specific areas: "(1) travelers may need additional information regarding the authority [agents have] to conduct border searches; (2) the traveler may be unaware of the viewing or detention of his/her information by CBP and ICE; (3) personally identifiable information (PII) may be detained where it is not needed; (4) PII may be misused by CBP and ICE officers; (5) CBP and ICE may disclose PII to other agencies that may misuse or mishandle it; and (6) new privacy risks may arise as the technology involved in this activity is ever-changing."

In other words, individuals may not be fully informed as to the extent of agents' authority, and what safeguards there may be to protect identifying information from falling into the hands of someone who can misuse it -- the privacy threat here being that the traveler may not know what the threat really is. The solution, DHS asserts, is by making that information about the private information that could be misused, public -- specifically, by publishing it in the Federal Register.

Under the heading, "Principle of Transparency," the DHS report explains, "When ICE or CBP retain information from electronic devices, that information may be subject to the requirements of the Privacy Act. The Privacy Act requires that agencies publish a System of Records Notice (SORN) in the Federal Register describing the nature, purpose, maintenance, use, and sharing of the information. This PIA and the several SORNs published by DHS provide notice of the retention of PII at the border and the retention of some of the contents of electronic devices."

So at the very least, an explanation of the events surrounding the detention or seizure of travelers' computers may be available online to those travelers (along with everyone else) on GPOAccess.gov. However, the Department goes on to say, the extent of the information shared online this way may be limited, especially with regard to how much the detained information is being shared, as well as with whom. This is for the good of any investigation that may arise.

"Because notifying the traveler of the sharing of information could impede an investigation or other law enforcement or national security efforts, CBP and ICE do not make the information sharing process fully transparent to the public," the report states. "To ensure the protection of personal data without compromising the investigation, CBP and ICE have instituted strict oversight and review processes. Generally speaking, information, including PII, will be shared with other agencies where CBP and/or ICE require subject matter expertise, decryption, or translation."

Those oversight and review processes will make the sharing of that information with other agencies legal and permissible under the Privacy Act of 1974. Appropriate safeguards and audit trails will be kept to track when and where information is exchanged, but for the sake of privacy, that information will be kept private.

Glory to God in the highest, and Peace to His people on Earth.
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://georgewbush-whitehouse.archives.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2009-08-29   8:14:44 ET  Reply   Trace   Private Reply  


#8. To: freepatriot32 (#1)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

That's so...QUAINT!

FREEEEEDUM!

Godfrey Smith: Mike, I wouldn't worry. Prosperity is just around the corner.
Mike Flaherty: Yeah, it's been there a long time. I wish I knew which corner.
My Man Godfrey (1936)

Esso  posted on  2009-08-29   8:43:59 ET  Reply   Trace   Private Reply  


#9. To: PSUSA (#6)

that is good info, thanks.

Glory to God in the highest, and Peace to His people on Earth.
"I don't know where Bin Laden is. I truly am not that concerned about him"
George W, Bush, 3/13/02 http://georgewbush-whitehouse.archives.gov/news/releases/2002/03/20020313-8.html

Artisan  posted on  2009-08-29   8:52:44 ET  Reply   Trace   Private Reply  


#10. To: PSUSA (#6)

It's just a goddamn piece of paper. -W

How's that Hope And Change working out for everyone?

"We're looking for [Obama] supporters," said DeHaven of Hoover, one of the event's organizers. "We're not looking for a fight. That will come later, when we have an army."

mirage  posted on  2009-08-29   10:17:18 ET  Reply   Trace   Private Reply  


#11. To: mirage (#10)

It blows my mind that most people are stuck on the liberals vs conservatives / Rep. vs Dem. I don't get it. Seriously.

How many times does one have to get reamed to see that there is no difference.

I'm beginning to think they are simply masochists and they like it, because no one can possibly be this stupid and still be alive.

.


Click for Privacy and Preparedness files

PSUSA  posted on  2009-08-29   11:00:00 ET  Reply   Trace   Private Reply  


#12. To: PSUSA (#11)

I'm beginning to think they are simply masochists and they like it, because no one can possibly be this stupid and still be alive.

Its the nature of the Two Party System.

You are either "US" or you are "THEM". Note that the propaganda makes sure that "US" or "THEM" is what you see.

Don't look at the man behind the curtain.

We need at least THREE more major political parties.

COMRADE! Why are you not showing your Party affiliation and showing proper respect for Dear Leader? Put your Barackstika armband on RIGHT NOW!

mirage  posted on  2009-08-29   11:57:17 ET  Reply   Trace   Private Reply  


#13. To: PSUSA (#6)

PSUSA I have the utmost respect for so many of the posters here and I believe you're one of them.

I think it's time to take a little air trip with an old POS Dell laptop I'm about to toss (with the harddrive reformatted and blank) and let them waste their time confiscating it and trying to read what's on it. LOL.

BTW..I've got an old P3 desktop that will no longer load Windows (what else is knew?) and am about to reformat that drive and install Linux Ubuntu just to see how it works since I have nothing to lose..do you have any experience with this OS?


"Midway upon the journey of our life I found myself within a forest dark, For the straightforward pathway had been lost." - Dante

IndieTX  posted on  2009-08-29   22:23:46 ET  Reply   Trace   Private Reply  


#14. To: IndieTX (#13)

I think it's time to take a little air trip with an old POS Dell laptop I'm about to toss (with the harddrive reformatted and blank) and let them waste their time confiscating it and trying to read what's on it. LOL.

If it contains any information, whatever, take a sledge-hammer to it, and throw the pieces into the recycle bin.

Totally destroy that device.

Iran Truth Now!

Lod  posted on  2009-08-29   22:32:43 ET  Reply   Trace   Private Reply  


#15. To: Lod (#14)

Goo advice before trashing ANY computer. Thanks.


"Midway upon the journey of our life I found myself within a forest dark, For the straightforward pathway had been lost." - Dante

IndieTX  posted on  2009-08-29   23:05:07 ET  Reply   Trace   Private Reply  


#16. To: IndieTX (#13)

Linux Ubuntu just to see how it works since I have nothing to lose..do you have any experience with this OS?

None. I know it's free, and those that use it are happy with it. But I've never really checked it out. I'm used to windows.

You might check out scribd.com and see if they have any books on it. I have one, Linux For Dummies I think, but dont remember where I got it.

I have a desktop gathering dust also. I might follow your lead and reformat it too. .


Click for Privacy and Preparedness files

PSUSA  posted on  2009-08-30   7:44:40 ET  Reply   Trace   Private Reply  


#17. To: IDon'tThinkSo (#0)

Expect your computer to be seized without suspicion

I suspect my puter will be seized at some point and that will start WW III in my lil world ... seize my car, my home or my kids ... but keep your fuckin paws off my puter !!!

The U.S. Govt is a tyrannical butcher; U.S. taxpayers are accomplices to international murder and mayhem. If you satisfy your fears by bowing to this butcher, you forfeit your humanity for a pound of flesh.

noone222  posted on  2009-08-30   7:58:26 ET  Reply   Trace   Private Reply  


#18. To: IndieTX (#13)

I have the utmost respect for so many of the posters here and I believe you're one of them.

Same here.


Click for Privacy and Preparedness files

PSUSA  posted on  2009-08-30   8:14:57 ET  Reply   Trace   Private Reply  


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