Make no mistake -- Big Brother is watching

Crossing a border into or out of the U.S.? Newly revealed policies cooked up by Homeland Security mean you have no control over what federal agents can do with your laptop or other electronic gadgets, and they can take them away from you without probable cause, according to a story in the Washington Post.

Federal agents may take a traveler's laptop computer 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, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

The law covers not only a laundry list of electronic devices like laptops, cellphones, flash drives, beepers, iPods and cassettes, CDs and DVDs, it also applies to "pocket litter." That's right, the papers and books you're carrying, as well as the phone number that cute guy in the LAX bar scribbled on his business card.

Elected officials are having a fit. That sound you hear is George Orwell spinning in his grave, and the Founding Fathers, too. The full story in the Post is here.

-- Veronique de Turenne

Illustration: Tribune Media Services

Comments

[Rgw]

ok---they seem to be suspious and the items are surchesd...maybe taken if need be....and the difference is...they are mandated to look closer and it is becoming more so.....and your point...
ok--don't do it...don't check..I'll be first to sue the gov. for not doing it in the light of security...

[Chris]

Customs inspections of people and goods crossing a border has long been recognized as the right of all sovereign nations. The only difference here is that it has become impractical to inspect the contents of an electronic device in a timely manner.

For example, if someone sends you a photo album from a foreign country, customs has every right to examine it for contraband, ie, child pornography. There is no difference here. The balance of your rights, and the government's powers has not changed one bit, although the policy does look ham fisted, since they give no time frame of how long they can retain a device without cause.

No one would argue that customs can search your bag at a border crossing, the only difference here is that the 'bag' may be an electronic device with encrypted data. Your argument seems to be suggesting that if someone can put a strong enough lock on the 'bag' it should be exempted form inspection.

[George Torres]

So how many people has this happened to? I have no problem with confiscation of electronic equipment from suspected terrorists or those that might provide assistance to them. If the practice turns to abuse then make an issue out of it.

[Anon]

Who will save us from the terrorists who work for the government?

[hellio]

Border and Customs agents have always had the right to search without probable cause. When you choose to cross the border, you choose to temporarily give up some rights. Besides most borders are a "no-man's land" meaning they are not quite U.S. soil.

[James]

The Constitution of the United States of America: Now in 2-ply!

[Ryan]

I have problem with this as we are a country of laws not Nazis. But, it appears we are on the fast track if not there already of being a country of Nazis at least at the border. The problem with stopping people without cause is that the innonecent can be harrassed and jailed for not having the right attitude or perhaps forgetting to report something like carrying money or not reporting a product bought in another country. It's good to catch the pornographers but I wonder how many innoncent people they harrass for everyone person that breaks the law.

[George Jr.]

Rgw- English a second language huh?

You can't "sue" the government. Which is one reason they get away with what they do.

Just more proof the terrorists won on 9/11. They got exactly what they wanted. A paranoid populace and an out of control government.

Please read the current issue of Consumer Reports to see how the federal government guards the information they take from you. See if that makes you feel more or less secure.

You get what you vote for.

[joe guy]

No one - you're screwed

[Ron]

This is nuts. Any bad guy will now just store his key information on a USB plug-in key chain drive or on a SD memory card that can be easily hinden away. This whole idea has just made things ALL the more dangerous for all of us good people. This just shows how dumb the HLS forks are!

[MadcapMagician]

well I guess the previous poster, RGW, likes the idea of thsi nation becomming a soviet clone, this whole "in the name of national security" frenzy to dismiss the constitution, and violate the privacy of citizens and travelers to our country is alarming and should be so. The intelligence agnecy's in charge of finding terrorists have the ability to do so WITHOUT violating the constitution. The way things are going the DHS, FBI, and other domestic "law enforcement" agencies are being granted secret powers to, "in the name of national security" violate and completely disregard the bill of rights, and the danger lies in the fact that absolute power corrupts absolutely, and by the time people like RGW and other realize that these agencies are operating without any constraints and concern for the constitution and bill of rights it will be too late to do anything about them. When people say ' well if you havent done anything wrong you shouldnt have anything to worry about ' well thats what the nazi's said to the jews in the late 30's early 40's and we all know what it took to end the regin of a "security crazed" government run by men who did exactly the same thing the DHS is doing on our borders.
just because the DHS has "stopped" possible teroorists, or found valuable information , THE ENDS DO NOT JUSITY THE MEANS.
I am for border security, but I am more concerned that the foundation of this nation is being eroded by things suchs as FISA, the whole wire tapping fiasco, and now this siezure of personal propery. Any one who believes that any info will be deleted or destroyed by the "responsible, trustworty" government entities that were looking into your private info, are being dense and gullible. and anyone who believes that the government is only listening to foriegners calls into the country ... you must be really nieve, once they started listening, they are listenin to EVERYTHING.

TO THE PEOPLE OF THIS COUNTRY, YOUR BILL OF RIGHTS AND CONSTITUTION ARE BEING SLOWLY EATEN AWAY BY THE ' NATIONAL SECURITY ' MANTRA.... WAKE UP AND SMELL THE COFFEE ... let your elected officials know that the violation of the constitution, especially the fourth amendment... as in these cases of the dhs taking laptops, cameras, books, and personal papers, will not be tolerated. ACT NOW BEFORE IT"S TOO LATE

[Assymetrican]

Our socio-political learning curve in America seems steeper than the hill Sisyphus climbs.

How obvious, how urgent and how frequent a reminder do I need as a citizen to recognize and fight against the serious damage our democracy and nation has been incurring for years?

While paranoids and progressives jeremiad on about these things since even before 9/11, to most of us (including half the Democrats) it's ultimately "meh"...a storm in a teacup.. a bad dream that'll end with Obama...America shall prevail...it's a supergovernment of cards that will fall under its own weight...our elected officials wouldn't dare allow this...or maybe this is another reasonable way to protect us from terrorism? etc.

Maybe we need to take back our nation and its fundamentals of freedom, equality, and humanity. But we're busy right now with $5 gas and stuff. Look officer, here's the receipt.

[Ryan]

Anyone ever read animal farm by George Orwell. The border guards are like the dogs who work for the pigs. I think the end of the book says that the constitution the animals created for fair and equal rights ultimatly was changed before everyones eyes.... too All animals are equal but some are more equal than others. One day when the RGW and Chris of the world wake up they will see a different constitution then what we have now and they will be kicking themselves for being so blinded but it will be too late.

[Ernie]

The problem is not that the government has the right to inspect things coming into the country. The problem is that these rules are so broad, so vague, and so sweeping that they give the government the power to do things which it has no right to do under the constitution. Where are the limits spelled out? Where is the process for appeal? Quod vide videtes?

[Stella H. Brinkley]

This is a totally silly waste of time and taxpayer dollars.

Why? Because terrorists can (and probably already have) set up web sites with hidden encrypted messages that can "cross" our border in seconds or less. And if that's not bad enough, dangerous electronic data can (and is) e-mailed from foreign countries to places right inside the United States. Have you ever seen a "virus" program attack your computer? I have.

Our government should spend more time and money stopping bombs and drugs AND TERRORISTS IN PERSON from coming into our country and allowing them to freely use and MISUSE our facilities and laws.

9/11 would have been prevented if non-U.S. citizens were not allowed to fly without a heavy duty prescreening well in advance of their travel, and a follow up when they do. Otherwise, let them take a bus!!!

[Tom]

What happens when the agents run into encrypted drives and other hardware (which have started to come standard on some business laptops)? Are they allowed to Water Board the owners to gain the keys to access the encrypted materials? Do the owners of such equipment get sent to Gitmo for the five-star treatment? These are the questions that need to be asked. It has become standard fair for drive encryption to be included with newer laptops. External drives often have very strong encryption (which also probably includes backdoors so that the US government can access the info if needed). During WWII, German Scientists simply used their memories to get their research into atomic bombs out of Germany - this is because Nazi Germany had similar laws allowing them to search and seize anything and anyone that they wanted to (without cause, justification or repercussion). The US is quickly heading in that same direction.

[Kevin]

Fascism is here. Your privacy is being flushed down the toilet for "security reasons". Go ahead DHS, continue to patronize the public with pat answers and trite rhetorical jingoism all the while telling us we're not smart or patriotic enough to understand YOUR violation of law by suspending OUR rights. The American citizens, the world, and history will regard you as traitors.

[Jerry W]

So where is the line and how do we control it? Do you want freedom from terrorist? illegal aliens? drugs? porn? Or do you want to give the terrorist and the illegals freedom to come and go as they please and to bring in and take out anything they please. You cannot have both! I am willing to be searched, take my laptop, look in my bags, I have nothing to hide, why should you? The old adage Freedom does not come free, has never rang more true than here and now in this great Country. How dare you say we are turning into Nazis. Your problem is you have had it too easy, your too comfortable and now when our country is threatened you can't take these inconveniences? We have people fighting for our freedom, dying for our freedom, and you can't take a border guard looking at you personal electronics!! How sad, I guess if we are not willing to give up these small things wait until you have to give up a family member, a father, son or daughter for your country. Then you will understand what it means that freedom does not come free.

[Liam]

@George Torres:

This isn't just about suspected terrorists. The article clearly states that no probable cause is necessary. And, in general, that's okay. I don't have a problem with the government inspecting items or data crossing its border, withing reason.

I'm troubled, however, by the government's apparent notion that it can seize practically ANYTHING from ANYONE, remove it to a remote location, make it available to private parties, and hold it for ANY PERIOD OF TIME -- without having to demonstrate ANY REASON WHATSOEVER for doing so.

No offense, but I think you have an appalling attitude about it. A program with so much potential for abuse should have reasonable constraints placed upon it to PREVENT abuse, not simply to address it after it occurs -- which it assuredly would, and, according to some reports, already has.

[Sweetlife]

I agree --The "Republican/Neocon" Regime 's zeal for the oso "Elusive Terrorist" is starting to getting out of hand. If they are so very concerned; "Why has it taken "7 years" and counting to CAPTURE Osa Bin Laden??

When the Government & the Military unite forces - step (#3)- is a political grab & consolidation of POWER. We watch it everyday on the evening news; Pakistan, Zimbawbe, China, Cuba, it's starting to happen in Venezula w/Chavez. This is the new "Exclusive Club" in the World. Men & Militaries
united in pilferring from the land and telling you what to do, think, wear, etc....

America, the UK, France, Germany, and a few others, are now the last bastions of Democracies that are left.

I leave you with a bit of Scripture:
If you see the oppression of the poor; and the violent perversion of justice and righteousness in a province, do not marvel at the matter; for high official watches over high official, and higher officials over them.
Moreover the profit of the land is for all; even the king is served from the field.
(ecclesiates 5:8-9)

[George]

What’s funny about the whole issue is that you never hear from anyone that has been victimized. Who are all these people that have had their rights taken from them? People still have the right to be stupid and forget to claim 10,000.00 USD, or a handgun, or some illegal drugs, now there is a better chance of being caught. I have no sympathy for those people. If you are innocent of any wrong doing then you go on your merry way, no one has taken any of your liberties. And for those of you out there that think our government acts as Nazis, it’s obvious you never lived under the Nazi regime.
Also if history has taught us anything is that as soon as something (god forbid) devastating happens due to terrorism you are all the first to say "Where was the government? Why did they let this happen? Why are we spending all the money for?
You all need to wake up and realize that we live in a different time, post 9-11. The government has to balance our security with our liberties and sometime it tilts the other way to security.
I challenge anyone to post their experience of having their individual rights taken from them in the context of this discussion. Who had their electronic device taken from them never to see it again for no reason at all?

[bRIAN]

got to get through my security first , and then you would half to know about the
virtual computer setup to even see my files , but then again you will need a
25 digit pass to get it .\

oh and they need to know how to use a command line Linux interface

[M. Patton]

I know the government has to regulate certain things, and child porn should be stopped no matter what. I have other concerns, the high courts seem to favor the media. The things they get away with an ordinary citizen, would be arrested. It would seem, there are people who work, for broadcast media or a subsidary who think they are imune to being arrested. It is know that some enter private citizens homes, illegally, under false pretense, wirtap their phones, hack their computers, and aren't arrested.
I as a private citizen, and non-lawyer asked the US District court, of California, in so many words, if the media was immune. It was decided in 2002 in Patton vs The FCC, that it wasw wasn't. However, Magistrate Judge Dale Drozd, "dismissed", it four months after it had been upheld. If were going to hold citizens to the letter of the law, it has to be all of them, unless you have massive conflict of interest.