nat'l security is vital. On Wednesday, January 1, 2014 5:23:37 PM UTC-6, Travis wrote: > > > > > > > > > > http://www.wired.com/threatlevel/2013/12/gadget-border-searches-2/ > Court Upholds Willy-Nilly Gadget Searches Along U.S. Border > > A federal judge today upheld a President Barack Obama administration > policy allowing authorities along the U.S. border to seize and search > laptops, smartphones and other electronic devices for any reason. > > The > decision<https://www.aclu.org/sites/default/files/assets/abidor_decision.pdf> > (.pdf) > by U.S. District Judge Edward Korman in New York comes as laptops, and now > smartphones, have become virtual extensions of ourselves, housing > everything from email to instant-message chats to our papers and effects. > > The American Civil Liberties Union brought the > challenge<http://www.wired.com/threatlevel/2010/09/laptop-border-searches/>nearly > three years ago, claiming U.S. border officials should have > reasonable suspicion to search gadgets along the border because of the data > they store. But Judge Korman said the so-called “border exemption,” in > which people can be searched for no reason at all along the border, > continues to apply in the digital age. > > Alarmingly, the government contends the Fourth-Amendment-Free Zone stretches > 100 miles inland from the nation’s actual > border<http://www.wired.com/threatlevel/2008/10/aclu-assails-10/> > . > > The judge said it “would be foolish, if not irresponsible” to store > sensitive information on electronic devices while traveling internationally. > > Korman ruled: > > Laptops have only come into widespread use in the twenty-first century. > Prior to that time, lawyers, photographers, and scholars managed to travel > overseas and consult with clients, take photographs, and conduct scholarly > research. No one ever suggested the possibility of a border search had a > chilling effect on his or her First Amendment rights. While it is true that > laptops may make overseas work more convenient, the precautions plaintiffs > may choose to take to ‘mitigate’ the alleged harm associated with the > remote possibility of a border search are simply among the many > inconveniences associated with international travel. > > The ACLU said it was mulling an appeal. > > “We’re disappointed in today’s decision, which allows the government to > conduct intrusive searches of Americans’ laptops and other electronics at > the border without any suspicion that those devices contain evidence of > wrongdoing,” said Catherine Crump, the American Civil Liberties Union > attorney who argued the case in July 2011. “Suspicionless searches of > devices containing vast amounts of personal information cannot meet the > standard set by the Fourth Amendment, which prohibits unreasonable searches > and seizures. Unfortunately, these searches are part of a broader pattern > of aggressive government surveillance that collects information on too many > innocent people, under lax standards, and without adequate oversight.” > > The case was brought on behalf of 29-year-old Pascal Abidor, whose laptop > was seized for 11 as he was traveling by rail from Canada to his parents’ > New York residence in 2010. He was an Islamic studies graduate student in > Canada. > > At an Amtrak inspection point, he showed his U.S. passport to an 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 to the agent that he was earning > a doctoral degree in the modern history of Shiites in Lebanon. > > He was handcuffed and then jailed for three hours while the authorities > looked through his computer, according to the suit. Numerous agents > questioned him, the suit says. > > They released him and kept his laptop, until his lawyer complained. > > Plaintiffs in the suit also include the National Association of Criminal > Defense Lawyers and the National Press Photographers Association. The > lawyers’ group maintains search policy exposes privileged communications. > The photographers say the policy interferes “with their ability to do their > work.” > > The decision supports a conclusion 10 months ago from the Department of > Homeland Security’s civil rights watchdog that said that travelers along > the nation’s borders may have their electronics seized and the contents > of those devices examined for any reason > whatsoever<http://www.wired.com/threatlevel/2013/02/electronics-border-seizures/>— > all in the name of national security. > > The President George W. Bush administration first announced the > suspicionless, electronics search rules in 2008. The 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. > > > __._,_.___ > > > > > > __,_._,___ > > >
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