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Privacy Government United States Your Rights Online

Homeland Security Changes Laptop Search Policy 273

IronicToo writes "The US Government has updated its policy on the search and seizure of laptops at border crossing. 'The long-criticized practice of searching travelers' electronic devices will continue, but a supervisor now would need to approve holding a device for more than five days. Any copies of information taken from travelers' machines would be destroyed within days if there were no legal reason to hold the information.'"
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Homeland Security Changes Laptop Search Policy

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  • Copying files (Score:5, Informative)

    by Wowsers ( 1151731 ) on Friday August 28, 2009 @12:25PM (#29232277) Journal

    There's no "legal" reason to keep files stolen by the uneducated border minions unless:

    1. You are not an American.
    3. You have "trade secrets" that can give American companies a competitive advantage.

    And that's one reason why business travel across the Atlantic / Pacific to the US has declined.

  • by Anonymous Coward on Friday August 28, 2009 @12:27PM (#29232301)

    Sarcasm [wiktionary.org]

    A form of humor that is marked by mocking with irony, sometimes conveyed in speech with vocal over-emphasis. Saying something that is opposite of what is intended to be meant.

    You're welcome.

  • by characterZer0 ( 138196 ) on Friday August 28, 2009 @12:30PM (#29232353)

    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.

  • by oahazmatt ( 868057 ) on Friday August 28, 2009 @12:43PM (#29232537) Journal

    I wonder if the other 954 laptops required passwords for login...

    I'm inclined to believe it's the other way around. While I haven't done any international travel, from what I understand as told to me by co-workers who do travel abroad, laptops (and in some cases, Blackberries) have to be decrypted and ready to inspect. Passwords do not stop these Security Agents from investigating a laptop, and we have had several employees who have missed their flights because they were not allowed to continue with encrypted devices.

  • Re:Five Days? (Score:3, Informative)

    by Colonel Korn ( 1258968 ) on Friday August 28, 2009 @01:17PM (#29233013)

    Unless there are nuclear bomb plans on the desktop, why would we be holding these devices for any days? Why are searching people's data anyways, when any serious criminal could simply upload their data to a server, drop it in a Dropbox account, or just encrypt it before crossing the border?

    We need to be encouraging tourism and business travelers, not pulling this crap.

    DHS isn't about criminals, it's about gaining more control over normal people.

  • by sumdumass ( 711423 ) on Friday August 28, 2009 @01:19PM (#29233037) Journal

    I think you need to consult out founding fathers. They thought it was so reasonable to search things comming through the borders that they instituted the very first warrant-less search at the border law in the very first session of congress. This law was later held up by the US supreme court as being necessary for our sovereignty that the very right of sovereignty would be jeopardized without it.

    There is a history of this going back to many of the people who drafted the people and who even signed it.

  • by kidgenius ( 704962 ) on Friday August 28, 2009 @02:25PM (#29233997)
    Slight bit of correction....it depends on the country. I just travelled abroad and when we left Greece, we had to go through customs when we left as well as when we arrived. Same thing happened when we went through the cruise terminal in some spots. There were officials waiting for us as we got getting back on the ship and "leaving" their country.
  • by cdrguru ( 88047 ) on Friday August 28, 2009 @02:43PM (#29234279) Homepage

    Try claiming your "natural rights" in Chile. Or China. Or just about anywhere outside of a very small number of places on the planet and you will find these rights aren't considered to be very natural at all. They are a figment of your imagination.

  • Re:5 Days? (Score:5, Informative)

    by shacky003 ( 1595307 ) on Friday August 28, 2009 @06:13PM (#29236981)
    Speaking as a former (thank god) district geek manager, there is a hell of a lot more copied regularly from customer pc's than just porn..
    I've fired services techs (now called "geeks") for making copies of personal data including bank/money/quicken databases, address books, etc..
  • Re:5 Days? (Score:3, Informative)

    by AHuxley ( 892839 ) on Friday August 28, 2009 @07:45PM (#29237913) Journal
    Well have a look at "ACLU: 2/3 of US population lives in "Constitution-free" zone'"
    http://arstechnica.com/security/news/2008/10/aclu-23-of-us-population-lives-in-constitution-free-zone.ars [arstechnica.com]
    "the Constitution-free zone that exists a US borders and airports actually extends 100 air miles inland and encompasses two-thirds of the country's population. The US Border Patrol can set up checkpoints anywhere in this region and question citizens." So in theory, you next stop and search could be like this
    http://www.youtube.com/watch?v=yHqpuVetLeo [youtube.com]

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