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Electronic searches at (US) border prompt protests

Seizure of laptops, cameras and cellphones raising legal questions

         

walkman

3:46 pm on Feb 7, 2008 (gmt 0)



She said the federal agent copied her log-on and password, and asked her to show him a recent document and how she gains access to Microsoft Word. She was asked to pull up her e-mail but could not because of lack of Internet access.

Eventually, he agreed to log on and stood by as the officer copied the Web sites he had visited

"I was basically given the option of handing over my laptop or not getting on that flight,"

an officer "went through every number and text message on my cellphone and took out my SIM card in the back," said Habib, a permanent U.S. resident. "So now, every time I travel, I basically clean out my phone. It's better for me to keep my colleagues and friends safe than to get them on the list as well."

[msnbc.msn.com...]

weeks

3:59 pm on Feb 7, 2008 (gmt 0)

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This is absurd.

If the government's database on an individual has any kind of information that would cause this type of security concern to get this kind of search, then they should get a court order.

This is the type of thing the US Constitution addresses--it's not reasonable.

walkman

4:05 pm on Feb 7, 2008 (gmt 0)



This is the type of thing the US Constitution addresses--it's not reasonable.

That airport area is not technically US soil I believe. Plus, by entering the airport you have kissed your rights goodbye anyway.

Rugles

5:00 pm on Feb 7, 2008 (gmt 0)

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then they should get a court order.

Now that ... is funny.

As somebody who comes in contact with US Customs frequently and has to deal with cross border shipments daily .... I can tell you that you have no rights. You are at their mercy. The border and the airports are a cross between "no-mans land" and the "wild west".

If Americans only knew the impact this was having on their economy in the form of less tourism and business travel this would end sooner rather than later. I realize they have to keep the country secure but things have gone overboard.

[edited by: Rugles at 5:00 pm (utc) on Feb. 7, 2008]

LifeinAsia

5:02 pm on Feb 7, 2008 (gmt 0)

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That airport area is not technically US soil I believe.

Huh? Where did you get that? If it were true, then Customs agents and law enforcement officials would have no jurisdiction.

walkman

5:51 pm on Feb 7, 2008 (gmt 0)



let's assume that:
You need a Visa to get into Austria.
You don't have one, or is not valid.
(or, you are a legal US resident but you have been out for XX months and the green card is void)

Once you land there, until checked by customs you are not yet in Austria. If you do not pass (or until you are returned back,) you are in that no-man's-land, which I believe is governed by international law. I cannt find a link to back it up though, thus the "I think."

>> If it were true, then Customs agents and law enforcement officials would have no jurisdiction.

They are in US soil and you walk towards them because you want to get in US.

LifeinAsia

6:25 pm on Feb 7, 2008 (gmt 0)

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Exactly- so you are on U.S. soil when you deal with them, and therefore subject to U.S. laws. So coming into the U.S., Immigration would be the "gate" between no-man's land and U.S. soil. Once past the Immigration gatekeeper, you're basically on U.S. soil (thus being welcomed to the U.S. by them when they hand your passport back to you). Then you get your bags an proceed to Customs. By the time you get to Customs, you're in the country. Customs does not determine whether or not you can enter the country, only what you can bring in.

As far as leaving the U.S., that's a little more fuzzy. In terms of air travel, I have taken international flights from LAX, San Francisco, and JFK. In each case (for me anyway), there was no such clear line, although I would assume it would be past the security check (past which you need a bording pass).

weeks

6:37 pm on Feb 7, 2008 (gmt 0)

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It doesn't matter what piece of dirt you stand on, if you are a US citizen, then the laws of the US extend to you as they are applied by the US government.

This will get cleared up by the courts, but more to the point: What they are doing is major stupid. Illegal and stupid, both. This does not make the United States more secure.

Indeed, this kind of unreasonable (unnecessary) search of personal property is the type of authoritarianism we're suppose to be fighting against.

lammert

9:50 pm on Feb 7, 2008 (gmt 0)

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I have had this type of searches twice, when travelling from the Netherlands to Israel for my work a few years ago. From those searches, I have the impression that the (very polite) security officers were mainly checking if the laptop and mobile telephone belonged to me, and if I had working experience with it. They checked the existence of programs and data installed on the laptop and the mobile phone mainly to see if it was a device that has been used for normal activity in the past, or instead was never used and could have been prepared as a bomb. They even discovered that one screw was missing from my laptop, but I was allowed to take it with me on the plane without problems. The security officers also developed a film in our photo camera to see if our story matched the pictures we had taken. They were even so kind to give us a new undeveloped film to compensate for the frames that hadn't been exposed yet.

I don't know about the way US security officials look at the laptops and mobile phones, but they could as well just be looking for a "normal usage history" instead of a list of contact addresses that might be interesting for them.

I have crossed some of the hardest to cross borders in the world in the last years. Two-dozen cases of people at the US border in a multi-month period seems very reasonable to me compared with how other countries guard their borders. It may be new for North America, it isn't in many other parts of the world.

ronin

3:39 am on Feb 8, 2008 (gmt 0)

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I'm curious. Does anyone else occasionally feel it would just be preferable to get blown up by a bomb? (I'm serious).

phranque

3:52 am on Feb 8, 2008 (gmt 0)

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the last terrorist bombing in the u.s. that i can recall was supposedly perpetrated by a decorated army veteran named timothy mcveigh.

are we treating all "target" demographics equally?

weeks

2:09 pm on Feb 8, 2008 (gmt 0)

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I'm curious. Does anyone else occasionally feel it would just be preferable to get blown up by a bomb? (I'm serious).

ronin, I don't believe turning on the computer and looking at the software before you board an airplane is necessary in determining if the computer is a potential security threat.