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Privacy Government Portables The Courts United States Technology

Judge: Warrantless Airport Seizure of Laptop 'Cannot Be Justified' 200

SonicSpike writes with news of a ruling in U.S. District Court that the seizure and search of a man's laptop without a warrant while he was in an airport during an international border crossing was not justified. According to Judge Amy Jackson's ruling (PDF), the defendant was already the subject of an investigation when officials used his international flight as a pretext for rifling through his laptop. The government argued that a laptop was simply a "container," and thus subject to warrantless searches to protect the homeland. But the judge said the search "was supported by so little suspicion of ongoing or imminent criminal activity, and was so invasive of Kim's privacy and so disconnected from not only the considerations underlying the breadth of the government's authority to search at the border, but also the border itself, that it was unreasonable."

She also noted that laptop searches may require more stringent legal support, since they are capable of holding much more private information than a box or duffel bag. And while a routine search involves a quick look through a container, this search was quite different: "[T]he agents created an identical image of Kim's entire computer hard drive and gave themselves unlimited time to search the tens of thousands of documents, images, and emails it contained, using an extensive list of search terms, and with the assistance of two forensic software programs that organized, expedited, and facilitated the task."
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Judge: Warrantless Airport Seizure of Laptop 'Cannot Be Justified'

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  • Eh (Score:5, Insightful)

    by fustakrakich ( 1673220 ) on Tuesday May 12, 2015 @01:36PM (#49675719) Journal

    I've never seen where lack of justification ever stopped the government.

  • by Anonymous Coward on Tuesday May 12, 2015 @01:40PM (#49675741)
    The moral of this story is:
    1) The TSA and assorted related three letter agencies don't give a crap about due process or warrants anyways
    2) If you're travelling through the USA (into, out of, or stoppover in), either don't bring any electronics at all, or only bring freshly wiped stuff with absolutely no personal data on them. Blob up your personal files into a passworded file somewhere on the 'net that you can download when you get where you're going, and don't carry the URL for it on your person.
    • by Austerity Empowers ( 669817 ) on Tuesday May 12, 2015 @01:44PM (#49675777)

      The moral of this story is:
      1) The TSA and assorted related three letter agencies don't give a crap about due process or warrants anyways
      2) If you're travelling through the USA (into, out of, or stoppover in), either don't bring any electronics at all, or only bring freshly wiped stuff with absolutely no personal data on them. Blob up your personal files into a passworded file somewhere on the 'net that you can download when you get where you're going, and don't carry the URL for it on your person.

      3) Encrypt your hard drive, make sure to shut down before walking through security, and remember "I do not recollect" was good enough for Reagan.

      • by TheGratefulNet ( 143330 ) on Tuesday May 12, 2015 @01:49PM (#49675833)

        no, you miss the point. travel 'empty'. a plain fresh install with no URL history or anything on it. ie, you do a fresh build, you create a backup (that's your new image for any new travel) and you travel with a fresh install of linux (ideally not windows) and you remember, in your head, your passwords and key URLs.

        its very sad that its gotton to this. but this is probably the best way to protect yourself and arrive in one piece, unmolested.

        sadly, very few can even do this much. or are willing to do this before they travel.

        I don't believe encrypting a full disk is going to help you and may cause you to be detained (unfairly, but you are not in control, here, realize that). encryption keeps so-called bad guys out, but the real ones to worry about are 'your own people' (so to speak). they won't take no for an answer.

        better to travel with a blank install and keep all your login and history info in your head.

        • by TWX ( 665546 ) on Tuesday May 12, 2015 @01:53PM (#49675887)
          It might not be a bad idea to take the computer to a few coffee shops to use their wifi to surf CNN and the BBC and other news websites first, or to at least do this in the originating airport on their wireless to demonstrate that the computer sees casual use. Make it too blank and there's new grounds for suspicion and again, they'll duplicate the disk and attempt to find any deleted files.
          • Or a lot of shock porn like the goatse guy, etc

            • by TWX ( 665546 )
              I wouldn't do that either. Border entry guards have the power to deny entry to those considered to be undesirable, and given that the only way to get recourse is to have representation within the country that one has been denied access to, being branded as undesirable could get very expensive very quickly, even if such a label were overturned on challenge.
              • by Falos ( 2905315 ) on Tuesday May 12, 2015 @05:57PM (#49677445)
                "You'll be harassed for it." is a bad symptom.

                "If we can't use justice, we'll just use bullshit. We don't need to be 'right'." kind of demands to be contested on sheer principle. No, not everyone can afford to do so, but we can be aware.
                • by TWX ( 665546 )
                  It may be a bad symptom, but if you're not an American trying to return to America, then America has no obligation to take you if you're not in some state of duress and seeking asylum. Antagonizing the border guards is not exactly the best way to approach a foreign country.
          • by cdrudge ( 68377 ) on Tuesday May 12, 2015 @02:13PM (#49676053) Homepage

            Erase your hard drive with a multi-pass secure wiping program before restoring the fresh image on it. Yeah yeah yeah it may not be perfect and theoretically some magical device might be able to pick up variations in temporal magnetic quantum flux in adjacent bits and recover data blah blah blah. But if they go to that level to recover your data, you were fucked anyways.

            If they ask why it's such a fresh install, you just simply state that you access everything via VPN and you only travel with a fresh laptop in case it's lost, stolen, detained, confiscated, etc and you don't lose anything and everything on it while you're traveling.

            • Just swap in a different hard drive. Since it doesn't have much, a modest SSD should do the trick.
            • LOL...the TSA doesn't employ people who could even comprehend the idea of a "fresh install". Most of them are on the same educational level as Walmart greeters. In fact, about a month ago the DHS didn't even bother to tell ANY airlines they where doing some "maintenance" on their no-fly list database...it just suddenly went down and our alarms lit up. This almost resulted in a complete grounding of all US flights! "oh yeah, we forgot" was basically the answer FROM THEIR OWN IT PEOPLE. Even though all t
        • Re: (Score:3, Informative)

          Comment removed based on user account deletion
          • by pla ( 258480 ) on Tuesday May 12, 2015 @02:18PM (#49676091) Journal
            If you want to arrive unmolested you might try not taking part in an ongoing criminal conspiracy.

            Unfortunately, I pay taxes in the US, thereby providing material support to a terrorist organization.

            Easy to say "just don't do it", not so easy to spend a few years in Club Fed for resisting the IRS' annual shake-down.
            • Hoenstly, I feel the same way about it. But if its any consolation, I don't feel I pay taxes so much as they just take them. Hell, their "share" of my money gets allocated before I even get it....I have to ask for a portion of it back every year.

              Yet all they ever want to ask me is which face I like, they never once asked me if stomping on liberty was ok, they never once asked me if I wanted to pay for their oil wars or their torture program. I would gladly pay taxes to put every fucking torturer in prison and keep them their till they die of natural causes, but, nobody wants to give me that opportunity.

              • Hoenstly, I feel the same way about it. But if its any consolation, I don't feel I pay taxes so much as they just take them. Hell, their "share" of my money gets allocated before I even get it....I have to ask for a portion of it back every year.

                Yet all they ever want to ask me is which face I like, they never once asked me if stomping on liberty was ok, they never once asked me if I wanted to pay for their oil wars or their torture program. I would gladly pay taxes to put every fucking torturer in prison and keep them their till they die of natural causes, but, nobody wants to give me that opportunity.

                In a democracy, your option is to change the government and the law, not to decide what you personally want to spend money on, or else a load of childless people would withhold money for education, pacifists for the military, libertarians for social welfare, etc.

              • by Dog-Cow ( 21281 )

                You can adjust your W-2 (is that the right form?) so that you don't have any (Federal) income tax withheld. I don't think you can do that for other deductions, though.

                • You can adjust your W-2 (is that the right form?) so that you don't have any (Federal) income tax withheld. I don't think you can do that for other deductions, though.

                  You could, but you have to have within 10% of your final tax bill withheld to avoid penalties.

                  I suppose you intended to tell him he could adjust his employer's withholding to better match his deductions so that his net tax bill would be close to zero. This is sound advice. Nobody should let the government hold their money for free if they can help it.

            • Unfortunately, I pay taxes in the US, thereby providing material support to a terrorist organization.

              Easy to say "just don't do it", not so easy to spend a few years in Club Fed for resisting the IRS' annual shake-down.

              I believe the correct response to extremist right wing guff like this is "fuck off to Somalia then you retard".

              Instead, being slashdot, you get modded "insightful".

          • Re: (Score:3, Insightful)

            by Pi1grim ( 1956208 )

            >> If the Special Agents involved had done their due diligence they could have easily obtained a warrant to seize the laptop rather than relying on the border search exception.

            Well, if they could've, they would've. But it seems they didn't have substantial evidence to support a search warrant and they decided to get a sneak peek using border as an excuse. And yes, if it's not legal inside the US, then it's definitely without probable cause, at least legally speaking. Being involved in an investigation

          • by garry_g ( 106621 )

            > If you want to arrive unmolested you might try not taking part in an ongoing criminal conspiracy.

            And how exactly do you ensure that you aren't part of some investigation? Being innocent doesn't protect you from being under false suspicion ... given the level of snooping NSA, GCHQ, BND and the likes are doing, falling under some sort of false suspicion could be caused by a mis-dial or an errant email ... or possibly by some government-critical comment you do on some public forum or similar ... just take

          • by gstoddart ( 321705 ) on Tuesday May 12, 2015 @02:39PM (#49676279) Homepage

            If you want to arrive unmolested you might try not taking part in an ongoing criminal conspiracy

            Bullshit.

            TSA et al have done the exact same thing with the laptops of people who aren't suspected of any criminal activity. And even if they are suspected of criminal activity, they're still entitled to due process.

            What you're saying is "you have nothing to fear if you have nothing to hide".

            Have we actually reached the point where people are willing to accept fascists bypassing the law to make their lives easier? Or bullshit searches defended by the notion that innocent people have nothing to fear?

            Because what yo're saying is "a little fascism is OK if we think they're bad guys". Fuck that.

            This was not a random search without basis or probable cause.

            Then get a fucking warrant . Bypassing legal obligations because you think you can game the system and get the TSA to do it for you means you should lose your fucking job.

            It's bloody well time law enforcement was actually penalized when they do crap like this. And parallel construction should be grounds for criminal perjury charges.

            None of this "oh we had to lie to get a conviction and keep our sources secret". Because that's a crock of shit.

            • by meta-monkey ( 321000 ) on Tuesday May 12, 2015 @02:52PM (#49676371) Journal

              Just a point of order, warrants are not required for searches and never have been. The vast majority of searches are conducted without warrants. For instance, the cops don't need a warrant to search somebody they're going to arrest. What's needed is that the search be "reasonable." So, either probable cause ("I smell weed!" rofl rofl rofl) or permission ("Hur, dur, of course you can look in my car occiffer!"). And a warrant is just a way of crossing the i's and dotting to the t's to demonstrate that you have established probable cause. So, don't think that just because a cop doesn't have a warrant he can't search you.

              However, in this case, there is zero probable cause to search this guy's laptop. There is no way one can reasonably believe criminal activity is underway on his laptop, RIGHT NOW such that obtaining a warrant would be unnecessary.

              There seems to have finally been some realization by judges that searches of electronic equipment are BIG FREAKING DEALS. Now that everybody has their life on their phone and computer, a look on your phone or in your laptop is a look inside your brain. I would rather have the cops look in my closet than on my phone. Now that computers have permeated society, I think judges and legislators are becoming less clueless, and we might finally see some progress on civil rights when it comes to electronics. The stuff we've been screaming about on /. for 15+ years is starting to come out of the mouths of judges.

              Just sayin' it's a positive sign.

          • by TheCarp ( 96830 )

            When a crime has no victim, the criminal is the government, no exceptions.

            If it was a theft investigation it would be one matter but, export tyranny? Its sad we live in a country where law makers can make and have laws like that enforced without being in jeopardy of never feeling the sun on their face again.

          • by Anonymous Coward on Tuesday May 12, 2015 @03:13PM (#49676529)

            If you want to arrive unmolested you might try not taking part in an ongoing criminal conspiracy

            Also, you'll need to avoid:
            + having a name remotely similar to someone who is part of an ongoing criminal conspiracy,
            + driving a vehicle the same model and color as someone who is part of an ongoing criminal conspiracy,
            + being mentioned in a communication by someone who is part of an ongoing criminal conspiracy, even via typo,
            + looking vaguely like someone who is part of an ongoing criminal conspiracy in the eyes of the half-blind TSA agent,
            + looking like a brown person
            + having a nice looking new computer that a TSA agent just plain feels like stealing.

            All of those things are reasons that either we've seen articles posted here about illegal seizures being justified by, or that people I know myself got "grabbed off the street" for. (That would be the same model/color vehicle one. The 60 year old woman they grabbed was not allowed to contact anyone until she was released with an "oops, license plate was wrong, and we were looking for a 20 year old guy anyways" 12 hours of interrogation later.)

            As long as you manage all of that, AND have nothing to hide, I suppose you're totally safe as can be! (At least until you're not.)

          • by Livius ( 318358 )

            you might try not taking part in an ongoing criminal conspiracy

            It's *not* "an ongoing criminal conspiracy" until a jury says it is.

            It does mean the government was being horribly lazy because they should have had more than enough for a suitable search warrant, but there's certainly nothing the victim should have done differently.

          • by sjames ( 1099 )

            ...without basis or probable cause.

            Not random, but according to the judge it was without probable cause. Surely if they had probable cause, they could get a warrant.

            So what we have here is that he is suspected of involvement with criminal activity, but not with cause sufficient to get a warrant and search him properly. What should one do to not arouse the vague unfounded suspicion of a LEA?

        • You could also write a script to make a ton of garbage files filled with random characters. That should make a paranoid 3-letter creep get a hard on when they see it, and lose all their hair over the next several weeks as they try to decrypt these obviously encrypted files.
        • by TheCarp ( 96830 )

          empty? No fuck that.

          Step 1: Install linux with its own /boot partition on /dev/hda1 (adjust as needed) and encrypted root disk
          Step 2: reboot from live CD
          Step 3: change encryption key to a random string you don't know
          Step 4: Go to airport, say "sure you can look at my laptop, the encryption key WAS something like..." now say what it WAS before you wiped it, but sound unsure; insist thats what it was last you knew it. (which is true, that was the last passphase for it you know
          Step 5: Smile, knowing you just t

    • Comment removed (Score:5, Informative)

      by account_deleted ( 4530225 ) on Tuesday May 12, 2015 @01:58PM (#49675939)
      Comment removed based on user account deletion
      • by thaylin ( 555395 )

        Last I checked the TSA fell under DHS. DHS is a very broad category. this person may not have been a TSA agent, but it would not be hard to believe he was.

      • People do not realize the US has always exerted strong export controls. These accelerometers are most likely ECCN 7A001 (maybe 7A101) and software for their control 7D001 and drawings/specs 7E002 . All highly controlled.

        I see no legal reason the border search exemption should be symmetric (incoming/outgoing) since the consequences are different -- inbound contraband can always be later seized; what is lost to outside is gone. DHS should have searched laptop and seized it if controlled material found (as

        • by TheCarp ( 96830 )

          Yes its true, people are too busy going around pretending to live in a free country when the truth is, anything some luddite in the government can make a flimsy justification is something you have no freedom to do anymore. free.....to do whats approved by our masters.

    • If you're travelling through the USA (into, out of, or stoppover in)

      Or if you're traveling in any vehicle with a more-than-infinitessimal chance of being diverted to the USA in the event of a problem.

  • Violators. (Score:5, Interesting)

    by AnotherBlackHat ( 265897 ) on Tuesday May 12, 2015 @01:41PM (#49675753) Homepage

    ... agents created an identical image of Kim's entire computer hard drive ...

    So in addition to conducting an illegal search, they also violated several copyrights.

    • Re:Violators. (Score:5, Informative)

      by Fire_Wraith ( 1460385 ) on Tuesday May 12, 2015 @02:14PM (#49676061)
      Funny how that works.

      Ironically though, this is pretty standard forensic practice. If you look at the active original, there's all kinds of possibility of tampering that could go on, even unwittingly. It's akin to trampling through a potential crime scene with no gloves, hair nets, etc, possibly while bleeding profusely over everything in sight.

      Instead, computer forensic investigators are supposed to create an image of the disk, and then they can look through that image. This is also for the defendent's protection too, since this way if the prosecution does something shady, the defense can use its own copy to point that out.
      • Re:Violators. (Score:4, Informative)

        by Fire_Wraith ( 1460385 ) on Tuesday May 12, 2015 @02:16PM (#49676079)
        And to clarify, that doesn't mean that the seizure of the laptop or the resulting search of the hard drive was or should have been legal, just that the copying was standard forensic practice for doing so. Just because the cop wears gloves and avoids getting fingerprints on your car doesn't mean that he wasn't illegally searching it in the first place.
  • The government argued that a laptop was simply a "container,"

    They x-rayed it and it obviously wasn't full of explosives and it's not a liquid container of 3 ounces (or less) in a "one quart sized, clear plastic bag".

    If they can prove that the files on the computer can somehow explode and be an imminent threat to the flight he was on, I might agree with the TSA. Otherwise I hope this judges decision is upheld. It would be a nice baby step toward having our constitutional rights restored.

  • by Anonymous Coward on Tuesday May 12, 2015 @02:00PM (#49675961)

    What troubles me most is the mindset that allows this kind of bullshit to occur regularly- - and I can only assume it's because there is a now a concrete pattern of never prosecuting government officials for crimes like this.

    The long-term message that comes from NOT prosecuting government torturers, mass surveillance-ers and directors who lie to congress is there will be no consequences, so there is no reason to stop. Is it Snowden who should be prosecuted, or every person who works at the NSA, knew what was happening and that it coudln't possibly be legal, and did NOT speak up?

    PS- hi, nsa

  • Burners (Score:5, Interesting)

    by Lilith's Heart-shape ( 1224784 ) on Tuesday May 12, 2015 @02:04PM (#49675999) Homepage
    This is why I never fly with my primary computer, but with a burner laptop - usually a Chromebook that has just been reset to factory defaults and hasn't even been reconnected to Google yet.
    • by snsh ( 968808 )

      Do you physically snap the burner laptop in half after each use, like on Breaking Bad?

      • Do you physically snap the burner laptop in half after each use, like on Breaking Bad?

        You have to eat the laptop to be sure.

  • Comment removed (Score:4, Interesting)

    by account_deleted ( 4530225 ) on Tuesday May 12, 2015 @02:23PM (#49676123)
    Comment removed based on user account deletion
    • Perhaps I'm just becoming more cynical in my older age, but I just don't think the majority of people care anymore about how the police act. I think there's two human aspects working against us, in the police and general public:

      1. A large majority of the population (at least <50%) when placed in a position of power, will feel superior and disrespectful towards those they have power over. Thus they become corrupt. Pretty much most of human social history is an attempt to prevent and eventually overt
  • And leave the battery at 1%?

    I'm not sure how intricate they get with laptops, Are you just required to show that it turns on? They can't rifle through it if it's out of juice. Or do they keep an emergency set of generic power adapters?

    • by thaylin ( 555395 )

      then they still just start keeping a few power cables laying around.

    • Some airports don't allow you to carry on a device that can't be powered on. It's harder to hide something in a functional device than one that doesn't function I guess is the theory.

  • "with the assistance of two forensic software programs that organized, expedited, and facilitated the task."

    Oh, a "software program"... As opposed to a hardware program? an exercise program? What's wrong with just calling it "software",

    • Because "two forensic softwares" is ungrammatical.

      It's like asking why somebody said they had two works of art when "works of art" could be replaced with just "art" without confusion. You can't just say you have "two arts". You could say you have "some art" but now you've lost information from the sentence.

      Program is countable, but software is linguistically uncountable.

  • Been through it (Score:5, Interesting)

    by mnmn ( 145599 ) on Tuesday May 12, 2015 @03:06PM (#49676471) Homepage
    I was asked to login into my phone emails and facebook on the laptop flying back to Miami from Bahamas in my private plane.

    4 officers took over an hour going over all pictures in my camera, emails going way way back, friends posts on facebook and facebook messages some over a year old.

    I gave them all access immediately, but then asked about this process and they gave me a CBSA leaflet that explained if I denied them access they will confiscate the device, copy the contents and ship it back to me.

    I got to keep my electronics because I gave them immediate access even though it cost me long distance data plans there.

    Being a Canadian citizen, I dont think I have any teeth to complain to anyone but our own politicians here. And all they can do is make life miserable for US citizens entering Canada in retaliation.

    I'm just so glad I havent cracked any stupid jokes regarding violence, drugs or terrorism in the last 1-2 years in any facebook messages or comments.
    • by snsh ( 968808 )

      I'm just so glad I havent cracked any stupid jokes regarding violence, drugs or terrorism in the last 1-2 years in any facebook messages or comments.

      Next time you enter Miami they're going to make you log into your Slashdot account, read that post, and send you to Guantanamo.

  • We just need to realize this.... EVERY illegal search is depravation of rights under color of law. EVERY time evidence is tossed by a court, there should be felony charges filed against someone for having collected it in the first place....no matter what that evidence is, or why they thought it was ok. No Exceptions.

    I don't get to claim I thought my actions were legal, why should they? If my ignorance is no excuse, why is the ignorance of a professional an excuse?

    Start locking a few of these rogue agents up

  • The TSA are idiots with no common sense. While I worked for a national security related police agency I was sent to Mexico to train their federal police officers. I had a plane change in New Jersey. Well the TSA decided that the 40 USBs in my bag, all brand new and still sealed in their packages, were "suspicious". So my plane left the US without any of my computer equipment - and of course no one told me. Everything was clearly labeled, I was travelling on a special government passport, and my police

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