DHS Watchdog OKs ‘Suspicionless’ Seizure of Electronic Devices Along Border

[ghostdncr]

Talk about your slippery slopes:

DHS Watchdog OKs 'Suspicionless' Seizure of Electronic Devices Along Border | Threat Level | Wired.com

 

[T.Lex]

When crossing international borders, there is no need for suspicion to search personal items. Like it or not, that has been the law of the land for at least a century.

About 10 years or so ago, there was an attorney that (IIRC) was held in detention for some stupid crazy long time because she wouldn't let the border agents snoop through her laptop hard drive. Lots of other examples.

Again, not saying its right or wrong, just saying this is nothing new.

 

[tyrajam]

T.Lex, this isn't crossing the border, it's anyone travelling near the border. I learned something new from that article, I didn't know that legal precedent had already established that the 4th amendment doesn't apply within 100 miles of any border. W.O.W.

 

[T.Lex]

I think the article - and the DHS for that matter - are taking some liberties with what is meant by "along the border" in order to be alarmist. I don't think there's judicial support for the 100 mi. "rule" and the ACLU will hopefully settle this. I don't often agree with the cases they take, but they sure know how to litigate the heck out of 'em.

(I just wish the ACLU did as much for the 2d as the 4th.)

 

[JettaKnight]

What's this got to do with the 2nd Amendment?

 

[ghostdncr]

What's this got to do with the 2nd Amendment?

Mission creep, as it will EVENTUALLY apply to the 2nd Amendment. Hasn't warrantless search and seizure has played a key role in most every incident of a tyrannical government disarming a population? If this is ignored, it will soon grow to be perceived as "okay" and the hundred mile limit will expand.

 

[rambone]

Besides the usual harassment people receive in this country, being near (100 miles) the border places you in the Constitution-Free Zone and subject to unapologetic infringement of your rights.


Does a Constitution-free zone really exist in America? - Yahoo! News

Know Your Rights: Constitution Free Zone

 

[ghostdncr]

Interesting how nearly 2/3 of the country's population lives within this 100 mile zone. Thanks for posting that, rambone.

 

[GunnerDan]

Refuse to hand over any electronics and also protect them with passwords and 1024BIT encryption. Oh and when they threaten you with arrest for not giving up your password to unlock your device, give them the password that unlocks the "public" portion of your device while your private data is still nice and secure and the idiots who want to snoop have no idea they are only looking at your public data.

Gunner

 

[yepthatsme]

Not to question the ACLU map, but the border with Canada is in the center of lake Huron and is to the North of lake Michigan. So, the 100 mile border should be further North of Indiana. I realize that Lake Michigan is used for international transports, but it is considered to be United States territory.

I could be wrong though. Just my

It's good to know though. Good thread.

 

[canav844]

Not to question the ACLU map, but the border with Canada is in the center of lake Huron and is to the North of lake Michigan. So, the 100 mile border should be further North of Indiana. I realize that Lake Michigan is used for international transports, but it is considered to be United States territory.

I could be wrong though. Just my

It's good to know though. Good thread.

8 CFR 287.1 - Definitions. - Code of Federal Regulations - Title 8: Aliens and Nationality - PART 287: FIELD OFFICERS; POWERS AND DUTIES - Id 19608292 - vLex

(a)(1) External boundary. The term external boundary, as used in section 287(a)(3) of the Act, means the land boundaries and the territorial sea of the United States extending 12 nautical miles from the baselines of the United States determined in accordance with international law.

(2) Reasonable distance. The term reasonable distance, as used in section 287(a) (3) of the Act, means within 100 air miles from any external boundary of the United States or any shorter distance which may be fixed by the chief patrol agent for CBP, or the special agent in charge for ICE, or, so far as the power to board and search aircraft is concerned any distance fixed pursuant to paragraph (b) of this section.

(b) Reasonable distance; fixing by chief patrol agents and special agents in charge. In fixing distances not exceeding 100 air miles pursuant to paragraph (a) of this section, chief patrol agents and special agents in charge shall take into consideration topography, confluence of arteries of transportation leading from external boundaries, density of population, possible inconvenience to the traveling public, types of conveyances used, and reliable information as to movements of persons effecting illegal entry into the United States: Provided, That whenever in the opinion of a chief patrol agent or special agent in charge a distance in his or her sector or district of more than 100 air miles from any external boundary of the United States would because of unusual circumstances be reasonable, such chief patrol agent or special agent in charge shall forward a complete report with respect to the matter to the Commissioner of CBP, or the Assistant Secretary for ICE, as appropriate, who may, if he determines that such action is justified, declare such distance to be reasonable.

"land boundaries and the territorial sea"; I think the word and would be what makes a world of difference here.

 

[Valvestate]

Refuse to hand over any electronics and also protect them with passwords and 1024BIT encryption. Oh and when they threaten you with arrest for not giving up your password to unlock your device, give them the password that unlocks the "public" portion of your device while your private data is still nice and secure and the idiots who want to snoop have no idea they are only looking at your public data.

Gunner

I doubt they'd be dumb enough to overlook a private area of a disk.

 

[CathyInBlue]

With certain whole disk encryption systems, you can burn the candle from both ends, so to speak. One password opens the encrypted volume from one end without betraying the existence of the hidden volume overlaying the same space from the opposite end.

 

[GunnerDan]

I doubt they'd be dumb enough to overlook a private area of a disk.

Really now, well believe you me, I can set up my computer/device so that they would never even have a clue there was a private part of my device.

Oh and for the record I am a network engineer with a degree in computer science.

Gunner

 

[T.Lex]

I've been through security lines. I've known people that work security lines. Unless you hit the 1 in a thousand that has computer tech as a hobby, there's no way they'd find any private part of a disk.

No offense intended, just sayin....

 

[CathyInBlue]

@ GunnerDan:
You too? Where's you get your degree? I got my MS in CS from IUB. Maybe we could chat sometime and talk shop.

 

[GunnerDan]

@ GunnerDan:
You too? Where's you get your degree? I got my MS in CS from IUB. Maybe we could chat sometime and talk shop.

University of North Florida and college courses on the USS Coral Sea while deployed.