Tell The Bush Administration: Hands Off My Laptop
Tell The Bush Administration: Hands Off My Laptop
Our guest blogger, Peter Swire, is a senior fellow at the Center for American Progress Action Fund and served as the Clinton administration’s Chief Counselor for Privacy, working on encryption policy and other issues.
Today the Washington Post ran a front-page story on a topic previously reported by ThinkProgress. Homeland Security is telling customs agents they can search, and take, travelers’ laptops and other electronic devices without needing any reasonable suspicion or probable cause.
The Post story highlights a new Customs and Border Patrol policy document that states:
In the course of a border search, and absent individualized suspicion, officers can review and analyze the information transported by any individual attempting to enter, reenter, depart, pass through, or reside in the United States.
The new policy says CPB can take away the laptop or analyze copies of its contents:
Officers may detain documents and electronic devices, or copies thereof, for a reasonable period of time to perform a thorough border search. The search may take place on-site or at an off-site location.
CBP says that the officers are supposed to return the laptop and destroy copies of the contents if nothing illegal is found (but be sure not to have any downloaded songs that you haven’t paid for).
That is far from comforting, even once you get your laptop back days or weeks later, because “nothing in this policy limits the authority of an officer to make written notes” about what was in the laptop.
In my Senate testimony in June, I highlighted many reasons for concern about suspicionless searches of laptops. The basic response from Homeland Security has been: “We can search everything in your suitcase at the border, so we can search everything in your laptop.” The new policy, though, highlights one intriguing protection at the border — the policy follows existing law and says “sealed letter class mail” can only be opened with probable cause.
In short, Congress has long recognized that searches of intellectual content at the border are intrusive. The government is forbidden from sniffing through your mail at the border without probable cause, and similar protections are due for laptops.
What to do next? The Post reports that Senator Russ Feingold, who called the recent hearing, intends to introduce legislation to require reasonable suspicion and bar racial profiling for laptop searches. In addition, join the “Hands Off My Laptop” online campaign, which has already sent over 20,000 messages to CBP about the need for privacy protections for laptops.
Topic Cloud
ArchivesBlog Roll
Damn “Patriot Act”.
Time to start firing the incumbents again…
August 1st, 2008 at 10:57 amFederal agents can take my laptop without a warrant when they pry it from my cold dead fingers.
August 1st, 2008 at 10:58 amso much for being secure in your “person, papers and effects.”
August 1st, 2008 at 10:59 amThis is starting to get out of hand. It’s one thing to search for contraband. It’s another thing to seach intellectual content. What’s next — giving an entrant to the country sodium pentothal and picking through their brain?
August 1st, 2008 at 10:59 amThe great myth is that there is a nation called America. There isn’t. It died. Time to rename where we live. The “great experiment” is O V E R.
August 1st, 2008 at 10:59 amEven if my laptop was brand new with virtually nothing on it I would not want this administration to have the opportunity to load some sort of spyware on it that could comprimise the computer at some point and/or send reports of activity when online.
Bottom line, I don’t trust this administrationb.
August 1st, 2008 at 10:59 amWayne,
don’t tempt them.
Time to re-watch/read “Fahrenheit 451.”
August 1st, 2008 at 11:00 amtrhe most distrubing, most dangerous aspect of this is that is equates information–the digitized bits and bytes in the machine language code–with material ‘contraband.’
They’re looking for THOUGHT crimes.
If any knuckle-dragging, mouth breathing futhermocker TSA dweeb demanded access to my machine, I’d DEMAND they produce a warrant, then and there.
August 1st, 2008 at 11:01 amAsk Saint Barry, protector of the Constitution and light of the coming Light, if he’s willing to throw out the PATRIOT Act.
If he weasels (”IF”?????), he’s disqualified. Fork’im….
August 1st, 2008 at 11:02 amThe solution is not in telling George WTF and the bushco to keep their hands off our laptops but to put George WTF and the bushco where they can’t get their hands on anything but themselves and the food trays shoved under their cell doors.
August 1st, 2008 at 11:04 amSt. Augustine,
I doubt there’s an anti-spyware program out there that the Government can’t already get past.
For that matter, it is entirely possible that the Government has issued a secret order to software manufacturers to include a spying program built into new computers.
August 1st, 2008 at 11:04 am
I’m sure that terrorists are crossing our borders with laptops that have incriminating evidence on them. That sounds reasonable to me.
(snark off!)
August 1st, 2008 at 11:05 amAnd to think that I was considering buying a lap top.
How is this legal? Doesn’t this have to have the approval of Congress?
August 1st, 2008 at 11:09 amAt least we live in a ‘free country’.
/sarc
August 1st, 2008 at 11:10 ammary Says
August 1st, 2008 at 11:05 am
I’m sure that terrorists are crossing our borders with laptops that have incriminating evidence on them. That sounds reasonable to me. (snark off!)
___________________________________________________________
I’m sure the real terrorists pay very close attention to what they can do and what they can’t. And they find a way around all walls that are erected.
So the government listens in on telephone calls? No problem. Use pre-paid throwaway phones. They’re untraceable.
So the government seizes laptops and searches them? No problem. Don’t bring a laptop across the border. Or a flash drive. If you have to get digital information into the country, zip it and send it to somebody in an e-mail (preferably somebody not being profiled and spied on), or burn a CD and mail it.
So the government profiles all scary brown people? No problem. Recruit terrorists who don’t fit the profile.
August 1st, 2008 at 11:12 amBriseadh na Faire Says:
Wayne,
don’t tempt them.
Time to re-watch/read “Fahrenheit 451.”
August 1st, 2008 at 11:00 am
“It was a pleasure to burn.”
One of my favorite opening lines. Great story and a great warning, too. Which book do you intend to memorize? I plan on memorizing the Constitution of the United States, so we can re-build our country.
August 1st, 2008 at 11:12 amCan one truly know the contents of one’s own computer? With Spyware, viruses, spam, open wireless networks, etc. Can a laptop owner be 100% certain that someone else hasn’t left an incriminating file on his or her hard drive? I think not.
Also, No 13, I believe that any legal encryption software can be broken by the US government. And if it is illegal – then you and your company will be in a different kind of trouble…
August 1st, 2008 at 11:13 amPhuck U shrub and the rest of your fearmongering re-pukes, this has gone on long enough, where are our Constitutional rights going? This is an egregiuos act by the REICH and we musn`t stand for this………….
Congress had better wake up and not go on break.This is a typical move by the REICH, just before summer break they go and pull this kind of $hit, what abunch of Chicke Hawks,people e-mail congress now……..
August 1st, 2008 at 11:16 amPure madness abound’s…And we all thought getting more dem’s in office would stop this sort of thing…Silly us…..If it keep’s on like this guess I will have to leave the 357 on the table next to the lap top…Ooops can’t do that then they would take them both…At my house the upside is not many would want to tackle with a 152 pound black lab or a crazy old witch..
My reich winged neighbor let me know yesterday that the gov has to keep an eye on everyone and alway’s has…He reminded me that my tv doesn’t just recieve but it send’s infor back as well…My response was “oh good, hope they liked the old western movies and comedy show’s as much as I did”.
Happy Lammas, New moon and Solar Eclipse all…..Blessings
August 1st, 2008 at 11:17 amAlong the same line, this from Australia:
When will these people get a clue? News.com.au is reporting that the next time you travel with your iPod, those friendly customs officials could pull you aside, slap on the latex and give your iPod a full-body cavity search for pirated music.
The push – which originates from the RIAA in the US – is global in scale, and the Australian government has openly admitted it is partaking in the discussions (although they haven’t agreed to any aspect of the arrangement).
There’s also a lot of confusion over exactly what will be considered as commercial levels of piracy.
http://www.gizmodo.com.au/2008/07/customs_could_search_your_ipods_for_pirated_music.html
This won’t take long before it catches on here. We have no privacy!
August 1st, 2008 at 11:18 aminteresting juxtaposition with this story…
maybe now the FBI knows where to look for their own laptops…
Outrageous! Government Carelessness
The government keeps losing laptop computers containing its citizens’ most personal information.
By Michael Crowley
(via C&L)
August 1st, 2008 at 11:21 amMan.
August 1st, 2008 at 11:22 amImagine all the embarrassed Republicans when the CBP agent finds the various “barely legal boys” addresses on their “lap tops”.
There’s no way for them to prove if you paid for MP3s or not. How will they know if I ripped from my own CDs? Many pay-for sites don’t even use DRM anymore.
I’d be really upset if I was held over time for them to look at the shitload of music I have because they couldn’t figure anything out with it. There’s no real way to enforce it because there’s no real way to prove it.
Of course the RIAA is trying to make ripping your own CDs illegal anyway… but who is to say I didn’t buy them DRM-free off the Zune marketplace? etc.
The only way they can reasonable catch you is if they find you downloading/uploading or trading/selling. I guess it could be another story if you have leaked music, but I wonder if the average person even does.
August 1st, 2008 at 11:23 am1) Good luck catching your flight if a CBP agent has to ever “fire up” your laptop. Mine takes friggin’ forever!
2) My laptop holds pertinent, private information for my patients. I do believe it would be in violation of HIPPA if they ever opened up those files.
August 1st, 2008 at 11:25 amGotta love that phrase: “Supposed to”
Nancy Pelosi is SUPPOSED TO begin impeachment proceedings because the President and Vice President are CRIMINALS.
The Gov’t is SUPPOSED TO obtain warrants before spying on American citizens.
The Military, the CIA, et al are SUPPOSED TO treat all detainees in US Custody with dignity. They are not SUPPOSED TO torture them.
The Democrats are SUPPOSED TO begin ending this war, which is why they gained power in ‘06.
The United States Govt is SUPPOSED TO be by, of, and for the PEOPLE.
Military Force is SUPPOSED TO be a last resort.
Our elected officials are SUPPOSED TO be accountable to us, their BOSSES.
This is SUPPOSED TO be America.
In respective order to all listed above:
They WON’T (delete copies of info taken)
She WON’T (Pelosi)
They DON’T and WON’T (obtain warrants)
They AREN’T (treating prisoners properly) and they DO (torture)
They AREN’T (ending the war)
It ISN’T (by of or for)
It ISN’T (a last resort)
They AREN’T (Accountable)
and last but not least:
THIS IS NOT AMERICA.
August 1st, 2008 at 11:28 am“Well now missy, I see you get email from Move-On – aren’t they an anti-war commie group? You wouldn’t be one of those war demonstrators would you? Why don’t you come with me.”
August 1st, 2008 at 11:33 amDRxJ Says: “…it would be in violation of HIPPA if they ever opened up those files.”
I agree completely but what else is new? The crooked bastards have violated every other law, act, trust, or virgin they can find. Why should they be concerned with HIPPA?
August 1st, 2008 at 11:33 amAddendum: Comment 28–after “virgin” add “(male and female).”
August 1st, 2008 at 11:34 amMary:
It’s only a matter of time…
In that situation I would look them straight in the eye and say:
August 1st, 2008 at 11:36 am“Sure, I’ll come with you. Just as soon as you either tell me why or read me my rights and arrest me. Beyond that, take your maglight off your belt and shove it up your a$$.”
@20, Witch1…
the dims no less than the pukes want to install the 24/7 national security state. putting more Dims/dinos ain’t gonna help. They’ll try to tell ya there’s a difference, but the two “parties” are after exactly the same things: Corporatized national security state at home (sayonarra, constitution) and more military adventurism abroad…
August 1st, 2008 at 11:36 amAnybody saz different, they’re lying to ya…
If allowed to stand til then, I fuukin PROMISE you Obama’s new Homeland Security bureaucracy will NOT relinquish the power seized by the bushies in the name of National Security, and wont scruple to use them either…
GAY-RON-fuukun-TEED, cher…
August 1st, 2008 at 11:39 amThat’s it. Next time I visit you guys in the USA, the laptop and the iPod stay home. I’ll just bring a book or two to entertain myself.
They’re not burning unapproved books yet, right?
August 1st, 2008 at 11:40 amI’m sure they’d conclude that HIPPAs we’re untrustworthy foreign animals who didn’t deserve having any attention paid to them.
/snark off.
August 1st, 2008 at 11:41 amThey’re not burning unapproved books yet, right?
August 1st, 2008 at 11:40 am
They keep the list of burnable books secret.
A couple of years ago, a friend of mine had a book by Kevin Philips confiscated at the Denver airport…
Denver?
What’s familiar about Denver?
Big meeting there soon, innit?
About freedom and shit…
August 1st, 2008 at 11:42 amliberal traitor – you are a braver soul than I. Cheers!
August 1st, 2008 at 11:46 amThen there’s the issue of international lawyers carrying a lot of attorney-client privileged information with them. It doesn’t take a great stretch of imagination to see how access to such information could and would be misused. (Especially when one considers the influence of Corporate Lobbyists. Imagine being able to use Government agents to access competitor’s trade secrets.)
Speaking of “government agents” we must remember that much, if not all, of this screening is performed by private contractors. And we’ve all seen how private contractors, be they Blackwater or Telecoms, are insulated from any liability, civil or criminal, for violating our Constitutional Rights.
August 1st, 2008 at 11:47 amTokin Librul #31…Yep! .Guess you haven’t read some of my rant’s of late…And it make’s me ill, after 45+ year’s of working for civil right’s,the constitution, anti war, wildlife and enviroment all but a couple in office are distroying the constitution and the world..After all this I now have become the bad person for refusing to vote for a candidate that voted for FISA….Kinda funny really..Guess witch burning will return next…You all have a good day, if you can..I’m off to feed bird’s, walk the Bear and hug some tree’s….Blessings
August 1st, 2008 at 11:51 amStatistics show that the laptops with the largest porn collections don’t get returned anytime soon.
August 1st, 2008 at 12:02 pmTo echo some posts above:
George Bu$h and his neocon handlers have consistently been outsmarted by the cave dwelling terrorists. After all, Osama has been given on a silver platter everything he wanted from us: Bogged down in a war of attrition in the middle east surrounded by enemies, our reputation in the world shattered, treasury bankrupt, and a free society changed forever.
And you think they’d be stupid enough to enter the country with a power point presentation on a laptop, detailing their plot to blow some shit up?
Please.
This has nothing to do with fighting Islamic terrorism. It’s all about domestic terrorism being waged by the USA on it’s own citizens.
We’re screwed.
August 1st, 2008 at 12:11 pmTo echo some posts above:
George Bu$h and his neocon handlers have consistently been outsmarted by the cave dwelling terrorists. After all, Osama has been given on a silver platter everything he wanted from us: Bogged down in a war of attrition in the middle east surrounded by enemies, our reputation in the world shattered, treasury bankrupt, and a free society changed forever.
And you think they’d be stupid enough to enter the country with a power point presentation on a laptop, detailing their plot to blow some shit up?
Please.
This has nothing to do with fighting Islamic terrorism. It’s all about domestic terrorism being waged by the USA on it’s own citizens.
We’re screwed.
August 1st, 2008 at 12:11 pmYou will have to pry my cold, dead hands from my laptop, PDA, cell phone, iPod, Blackberry, voice recorder, whatever, before I relinquish it to the New Gestapo.
August 1st, 2008 at 12:18 pmand you can bet your sweet ass that anyone signing that petition to border security will have their name tagged and flagged for future action.
August 1st, 2008 at 12:22 pmI don’t know about anyone else, but I would rather risk death in a terrorist attack than live in my own country as a suspected criminal.
This paranoia and fear of our own citizens must stop.
August 1st, 2008 at 12:55 pmIsn’t it amazing the level of investigation, search and loss of privacy to American citizens, and yet 9/11, the genesis of all this had a joke of an investigation?
August 1st, 2008 at 1:29 pm#46 Daryll
Well then maybe you will be an Obama supporter… a true Godly truthful man?
August 1st, 2008 at 2:06 pmJust after saying that copies of data “must be destroyed” if no incriminating evidence is found, the Post article says, “Copies sent to non-federal entities must be returned to DHS.”
I want to know what 3rd party, “non-federal” businesses or agencies get to peek at my personal info & passwords! And they merely have to “return” the original copy?! Seems that the reporting has some ways to go on this story.
August 1st, 2008 at 2:17 pmMy employer provides me with a laptop which is exclusively for work purposes. Even though the contents are encrypted at the hard drive level, I have sworn to keep that laptop protected and out of the hands of anyone not authorized to open it. If I fail, I could be fired or even prosecuted.
So if I am traveling for business purposes and TSA wants to keep my laptop for a week, just what in the hell am I supposed to do?
At this point, I think I’d have to leave the line in security and not take the trip. Anyone else have any better suggestions?
August 1st, 2008 at 3:31 pmParodyll Says:
This rule is completely contradictive to TSA’s current actions. Last week at Reagan National Airport, my computer was checked and I was only traveling from Washington, DC to South Bend, IN, not outside of the country.
So, how embarrassed where you when they found the web addresses of “Guys Gone Wild” and a receipt for the prototype Penile Pump Enlarger 3000?
August 1st, 2008 at 4:29 pm#50 DRXj, ROFLAO. There you go again calling little d on his habit’s..Look forward to some handy dandy scripture’s on this one….Blessings
August 1st, 2008 at 4:37 pmOSX has TrueCrypt. Partition the drive, hide the partition you want secret, and they can only see the partition that is visible.
Windows can be set up the same way, as can Linux. As far as TSA and Fatherland Security Cro-Magnons can see, you only have one drive.
August 1st, 2008 at 6:20 pmThis is having a real effect. I’m going to a conference later this year in Chicago and over the last couple weeks I’m already hearing from people coming from Europe that they’re concerned about their laptops being seized. Many small business owners have all their business files on the laptop not to mention personal files. These kinds of fascist policies make the Europeans nervous about visiting our country. In the future, we will probably need to hold our conferences overseas to encourage more foreign participation.
August 1st, 2008 at 9:06 pmAnother aspect is planting evidence, such child porn or bomb plans, on someone they don’t like, and say they found a criminal. Try and talk your way out of that.
August 1st, 2008 at 9:41 pmI have a GPS system on my car bought from http://www.lweshop.com/ and it really has helped enormously in finding new locations. I found this blog most interesting as I didn’t realize all of the wide range of applications out there today for GPS technology
November 27th, 2008 at 10:16 pm