Feds now arrest your laptops at border

Not content with taking your shoes and confiscating your water, now the Department of Homeland Security is gunning for your laptops.

As the Washington Post reported yesterday, Border Patrol and Customs agents can now "detain" laptops "for a reasonable period of time" to "review and analyze information."

They don't need probable cause under the new policy. Doesn't matter if you're a U.S. citizen or foreign visitor. Officials can hold the laptops indefinitely. Or hard drives, flash drives, cellphones, iPods, pagers, beepers, video and audio tapes. Ditto papers, documents, books, pamphlets, even litter.

"It's not our intent to subject legitimate travelers to undue scrutiny, but to ensure the safety of the American public," wrote Jayson Ahern, U.S. Customs deputy commissioner, in a recent policy paper.

Arguing that border searches of laptops have already uncovered intellectual property rights violations, extremist Jihadist literature, video clips of IEDs and child pornography, he pledged the government would never disclose confidential information "without lawful authority."

The policy has been on the books for awhile, but just confirmed under pressure from civil rights and business groups worried about increasing reports of laptop confiscation.

"Truly alarming," said Sen. Russell D. Feingold (D-Wis.). Added sci-fi blogger Annalee Newit, "Who will defend the rights of the detained laptops?"

-- Johanna Neuman

Photo: Gina Ferazzi/Los Angeles Times.

Comments

[Yikes!]

It's good for business and promotes tourism! Remember the last incarnation of TSA, the Nazi SS. Can anybody confirm: TSA using brain scans to 'read' emotional activity of individuals while in line...to lose their laptop... Apparently at the airport or border citizen rights are also being confiscated for an undetermined period of time. Do you feel safe?

[josh]

great. now some TSA crook is going to say my iphone can be used as a bomb and take it away. that is some major Bull.
"Random Security Checks" and now this.

[Stephen]

Welcome to Russia

[Marko]

Those who would give up Essential Liberty to purchase a little Temporary Safety deserve neither Liberty nor Safety. -- Benjamin Franklin

[floobydust]

You got what you deserved. Laptops seized? It's only the tip of the iceberg and all you do is whine and complain on posts like this. What substantive action has been taken to avert this? None, zero, zip. And yet you continue to roll over and let your representatives roll over as well. All talk no action. Duh.

You were asleep when the Senate voted to railroad in the FISA bill on July 9, granting the US Government and its designates unfettered and unabated access to intercept and/or monitor every communication without impediment and without consequence, essentially abrogating the 4th Amendment of the Constitution, which once guaranteed US citizens rights against unwarranted search. Or did you catch that one? How many Russ Feingolds are there out there aware of these encroachments?

And do you think this avalanche of the loss of your "Constitutional rights" will ever be reversed? Not a chance. Get used to it. That is, until someone has the courage to step up to it.

[George S.]

Aside from Constitutional concerns, another problem with this Department of Homeland Security (DHS) directive is that it gives other foreign governments the tit-for-tat justification they need to arbitrarily seize data storage devices (including cell phones) that an American engineer or businessman might be carrying for data sensitive business negotiations in those countries.

Since the US government has now clearly come out with the policy of disregarding the privacy concerns of its citizens, no other government need worry about privacy concerns of American citizens in its own country. Indeed, this DHS policy will be a boon to the Chinese and Russian governments to “arbitrarily” (selectively, that is) seize American travelers’ digital documents for industrial espionage purpose right at their own home turfs without the fear of US retaliation. After all, they will merely be imitating the American example.

All in all, it is another brilliant national security solution by the US government to make Americans less safe throughout the world and allow our foreign rivals to steal American know-how easier at the same time.

[chris s]

if it seems like the US is 'turning into' the soviets or nazis it's because it is. 'to ensure the safety of the american public' is a BS excuse to pull someone's personal computer out of their hands and do as they please with it. the US government does not have the right to know what resides on person's computers, PERIOD. they also do not have the right to eavesdrop on people's telephone/sms/email communication, but they do it anyway.

where are the people protesting these human rights violations ? powers that come into being usually never disappear, that is why this country is becoming a bigger pile of trash every day.

[tt]

what makes american so afriad of ?
since 911 monitored has never been stop..
it not the first time our goverment do such thing to all out citizen or none citizen..
what we really afriad of, i would say they are going spend more of our tax money to moniter our self. what a Waste.

[M Taylor]

After 7 years, we are now a nation that has violated so many laws, from human rights, international treaties, ....and now our own Constitution.

Everyone in the world hates us.

Don't think it will be over soon (in 6 months). I bet the worst has yet to come,.....Bush will never disappointed you on what damages he could done to this nation.

And, on his last week, he might even grant amnesty to himself and all his buddies. Nothing anyone could do about them.

In the big picture, this is just the beginning of "THE END" as a Superpower. The World has changed.

[Mr. Sacs]

I wonder what the American people have to say to other nations about human right and freedom! Is this the free world we have always been preaching? Not only they have the right to tap our phone conversation, they can now search our pants for whatever they want.

And they are doing all these for us!!! Very funny. It is like giving a man a big slap on the face to kill a bug.

How much safer have we become compare to how much freedom are we losing?
It is all about outsiders. It is all about protect us from the wolf. If you are not tied of these scare tactics, you don't deserve freedom.
The next time they tell you they are making law to protect you, just be ready for another raping of your freedom.

[catcla]

I'll bet they are looking for biologic weapons, nuclear bombs, or pictures of ossama. These folks have a proven track record but intelligence is not a part of it.

[george]

What is happening is a gross violation of the Constitution. Sadly, until the proper case gets in front of the supreme court little can be done about it. Since this has been going on for several years there should be several challenges working their way to the Supremes.

Can anyone list them?

[Ronald McFirbank]

Intellectual property rights violations?

Remind me how MP3s were used on 9/11?

[OldFred]

Joe, please switch your TV from the Fox opinion channel, your brainwashing is showing. Osama is not the president...yet. It was your "guys" that did this.

Thomas Jefferson said that democracy only works with an educated populace. THAT is our real problem!

[simon]

This isn't a "Bush Administration" thing, and it won't change when Bush leaves office no matter who wins in November. This is a Fourth Amendment thing. Fourth Amendment law is judge made, and courts have recognized that you have a diminished expectation of privacy at the border. Strip searches, forced abdominal X-rays, detention without probable cause, etc., have all long been found to be constitutional. Sorry if you are shocked to belatedly find this out.

Take a look here: http://caselaw.lp.findlaw.com/data/constitution/amendment04/04.html#f88

[SDN]

Of course, if any of your hysterics approached reality, you would all be arrested, jailed, and killed for criticizing the Dear Leader. I suggest you go live in North Korea or Cuba for a year.

[mike]

The terrorists must be rolling on the floor laughing, they hijacked 4 little planes and we turn into USSR, how amazing is that!

But people don't care, they have more important business to conduct, such as watching american idol and deal or no deal. We're so dumb, I think we deserve this kind of abusive government.

[Edward Oleski]

It is becoming harder and harder to say I am a proud American. I proudly served this country in the armed forces so we could retain our freedoms and it seems all for nought. Can I really be coming ashamed to say am an American. I am afraid so. I only hope the trend ends soon before it is too late and our government officially declares martial law. Wait has it already happened and I am not aware of it?

[Dean]

This is just the beginning . A police state is inevitable. Bush signed a law in to effect in 2003 that gives him the ability to literally throw the country into a police state at his first whim.

our civil rights have been removed. Watch zeitgeist and see the truth...we are all headed for the new world order and if we don't do something about it soon...well you all remember nazi germany right?

our constitution allows us to rise up and overthrow our government....I think its about time the citizens of the United States get off their fat lazy asses and do something for themselves for a change..the time to fight back is NOW

[Gone Fishin']

Well, I suppose it will be for the best when I head back to Australia. At least there I'm certain to be informed of this when it happens, not when some obese retard with blue gloves and a little TSA badge tells me my laptop full of things I'll need at my destination is now his property.

Because the piracy of films and music definitely contributed to terrorism. Terrorists run the pirate bay......yep.....ok Dubya.....whatever you say mate.

To all Americans who cannot shut the hell up about loving their "freedom" and "rights".....still happy?

[jackie]

If you have a MacBook you can make a script having it automatically take photographs and upload them online. :P

[Dean]

Have you counted lately all the individual RIGHTS that are being violated in the name of "terrorism?" (ie: BUSH!).

One by one, we are losing them, and once lost unlikely to be granted ever again!

RIGHTS, like honor, once lost are never ever the same again. How many more of our CONSTITUTIONAL RIGHTS are we willing to freely give away, and how few are left to go? This government does NOT represent it's people!

Where are the lawyers now? Where are the citizens who are losing their rights' protesting? We once threw simple tea into the ocean to protest a King; why are we now hesitant to send a more powerful message to THIS KING and his henchmen?

[William Wheeler]

Amendment IV to the Constitution of United States of America.

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.

In other words this is another piece of the Bill of rights that the people have seen our government violate for the "good of the people". I say where does this pattern end. Cause the only end I can see is the total destruction of our nation and the principles for which it stands. We have been slowly becoming a police state. Equal to, if not more terrifying then the German Reich. How long will it be before the people demand segregation of races, and elderly, and sickly? How long before words become crime? We are dangerously close to that now.

All tyranny needs to gain a foothold is for people of good conscience to remain silent. A Bill of Rights is what the people are entitled to against every government, and what no just government should refuse, or rest on inference. Those words were a warning from Thomas Jefferson that we should not become complacent to trust any government to just do whats right. That the people MUST stand up for whats right for themselves.

Liberty is to the collective body, what health is to every individual body. Without health no pleasure can be tasted by man; without liberty, no happiness can be enjoyed by society. Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.

These words written so long ago, speak to our generation as much now as it did to them. The difference is they died to protect their liberty. Are we willing to in order to restore it?

[A non ymous]

Scare mongering is common in the policing and government community, why, to provide them job security!

The TSA needs to be minimized to reasonably keeping flyers safe and nothing more!!!

This policy is a big pile of cr*p, especially if it is used on U.S. citizens. The government is abusing their power and this must be stopped!!!

[JBBW]

This is rediculous. What about a right to privacy?