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Title: DHS Watchdog OKs ‘Suspicionless’ Seizure of Electronic Devices Along Border
Source:
Wired
URL Source: http://www.wired.com/threatlevel/20 ... 2/electronics-border-seizures/
Published: Feb 8, 2013
Author: David Kravets
Post Date: 2013-02-10 21:43:50 by scrapper2
Keywords: 4th Amendment kaputz, DHS seizes personal electronic
Views: 210
Comments: 8
The Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security. The DHS, which secures the nation’s border, in 2009 announced that it would conduct a “Civil Liberties Impact Assessment” of its suspicionless search-and-seizure policy pertaining to electronic devices “within 120 days.” More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings. “We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” the executive summary said. The memo highlights the friction between today’s reality that electronic devices have become virtual extensions of ourselves housing everything from e-mail to instant-message chats to photos and our papers and effects — juxtaposed against the government’s stated quest for national security. The President George W. Bush administration first announced the suspicionless, electronics search rules in 2008. The President Barack Obama administration followed up with virtually the same rules a year later. Between 2008 and 2010, 6,500 persons had their electronic devices searched along the U.S. border, according to DHS data. According to legal precedent, the Fourth Amendment — the right to be free from unreasonable searches and seizures — does not apply along the border. By the way, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nation’s actual border. Civil rights groups like the American Civil Liberties Union suggest that “reasonable suspicion” should be the rule, at a minimum, despite that being a lower standard than required by the Fourth Amendment. “There should be a reasonable, articulate reason why the search of our electronic devices could lead to evidence of a crime,” Catherine Crump, an ACLU staff attorney, said in a telephone interview. “That’s a low threshold.” The DHS watchdog’s conclusion isn’t surprising, as the DHS is taking that position in litigation in which the ACLU is challenging the suspicionless, electronic-device searches and seizures along the nation’s borders. But that conclusion nevertheless is alarming considering it came from the DHS civil rights watchdog, which maintains its mission is “promoting respect for civil rights and civil liberties.” “This is a civil liberties watchdog office. If it is doing its job property, it is supposed to objectively evaluate. It has the power to recommend safeguards to safeguard Americans’ rights,” Crump said. “The office has not done that and the public has the right to know why.” Toward that goal, the ACLU on Friday filed a Freedom of Information Act request demanding to see the full report that the executive summary discusses. Meantime, a lawsuit the ACLU brought on the issue concerns a New York man whose laptop was seized along the Canadian border in 2010 and returned 11 days later after his attorney complained. At an Amtrak inspection point, Pascal Abidor showed his U.S. passport to a federal agent. He was ordered to move to the cafe car, where they removed his laptop from his luggage and “ordered Mr. Abidor to enter his password,” according to the lawsuit. Agents asked him about pictures they found on his laptop, which included Hamas and Hezbollah rallies. He explained that he was earning a doctoral degree at a Canadian university on the topic of the modern history of Shiites in Lebanon. He was handcuffed and then jailed for three hours while the authorities looked through his computer while numerous agents questioned him, according to the suit, which is pending in New York federal court. ******************************************************************************** Here's the beforeitsnews follow up with the ACLU's map of the US Constitution-Free Zone:
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#1. To: scrapper2, *Bilderberg and NWO Watch* (#0)
According to this breaking story from Wired, the Department of Homeland Security's 'Watchdog' has given the OK for the 'suspicionless' seizure of electronic devices along the borders of America. According to the map below from the ACLU, this includes a 100 mile perimeter along the entire border of the United States of America. First, read this from Wired then take a look at the ACLU map below. Are you living in the 'no longer free' zone? If so, join the crowd. Hundreds of millions of Americans, 2 out of every 3 of us, live within this new 'Constitution-free' zone where our 4th Amendment no longer applies. This includes most people living along both the East and West coasts of the country, the entire states of Florida, Michigan and Hawaii and most of the states of California, New York, Virginia, Maryland, Massachusetts, Louisiana and more. Much more.:
That's not America's real government. I like this comment by etecs at the wired.com article:
Wired is great stuff - recently, I found an insert for two subscriptions, one year each, for $20 total. Way, way too reasonable for all that's in their monthly mag. Bye, bye, Popular Mechanics, you Hearst/gov shill rag. Bye, bye, PCWorld since I finally got the iMac running, and so far, it is just flawless.
Way, way too reasonable for all that's in their monthly mag. Bye, bye, Popular Mechanics, you Hearst/gov shill rag. Bye, bye, PCWorld since I finally got the iMac running, and so far, it is just flawless. Good find, Lod, and good move on throwing out that shill rag trash. Glad to hear that bit of good news about your iMac too.
Not wanting to sound like a MacNerd after only a week, but it is way, way better. This is a machine that I purchased in 2011, and it is rocking. Even my connection speed - speakeasy.net/test/ testing it - is 25-35Mbps, just smokin'.
#7. To: Lod (#6)
You got one of these? Beautiful.
This is a machine that I purchased in 2011, and it is rocking. Even my connection speed - speakeasy.net/test/ testing it - is 25-35Mbps, just smokin'. Sounds like you'll be able to see pics ok now if links aren't posted for them. :)
Top • Page Up • Full Thread • Page Down • Bottom/Latest The Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security.
The DHS, which secures the nation’s border, in 2009 announced that it would conduct a “Civil Liberties Impact Assessment” of its suspicionless search-and-seizure policy pertaining to electronic devices “within 120 days.” More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings.
“We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” the executive summary said.
Comments from the story on Wired obviously express what most Americans who give a damn and are at least half 'awake' are thinking:
Tom Berry • a day ago
Its one thing to be searched crossing the border. Its another to claim a 100 mile "Fourth Amendment Exclusion Zone" My answer is to simply refuse to hand over electronics unless they have a warrant and be sure to record the incident if possible. I never imagined when I was 20 years old that in 30 years the United States would be sliding toward a Orwellian quasi- totalitarian state.
S. Mays Tom Berry • a day ago
Sad thing is, 99% of America couldn't care less. The terrorists won, and our government gained everything they could ever wish for, and more.
Even though the video below from Russia Today is from 2011, it has become even more relevant today considering the recent ruling by the DHS watchdog reported in the Wired story linked above. So, my question to you is, what are you going to do when the TSA or DHS comes to inspect your I-phone on your next trip to Starbucks for Java? Have we all just become prisoners in our own country, a country now ruled by 'terrorists'?
#3. To: wudidiz, scrapper2 (#1)
•S. Mays Tom Berry • a day ago
Sad thing is, 99% of America couldn't care less. The terrorists won, and our government gained everything they could ever wish for, and more.
See if this sounds Right???? The Border Patrol can confiscate Personal Property "without cause", but cannot ask if someone is in this country..... wait for it...................... LEGALLY.......???
#4. To: GreyLmist (#3)
#5. To: Lod (#4)
Wired is great stuff - recently, I found an insert for two subscriptions, one year each, for $20 total.
#6. To: GreyLmist (#5)
Replies to Comment # 6. 
#8. To: Lod (#6)
Not wanting to sound like a MacNerd after only a week, but it is way, way better.
End Trace Mode for Comment # 6.