possibly noteworthy wrote:
Bellovin on Decius's HOPE topic

He seems to be searching for reason and order in an area that is patently unreasonable and hypocritical. In the case of U.S. citizens, the information customs agents are digging through their laptops for would be protected by a warrant requirement if it was transmitted Internationally over the Internet instead. The FISA update signed yesterday by George Bush makes this even more the case than it was before, as now warrants are required to monitor the communications of U.S. persons even if they are overseas. These searches are not part of a comprehensive approach to preventing the smuggling of information. No comprehensive approach is possible because warrant requirements and encryption stand in the way. The fact that neither of these things stand in the way of customs officials at the border is an accident of time, space, and technology, and not a willful result of policy.

These facts completely undermine the arguments made in the senate hearing, particularly by the Heritage Foundation's representative, that these searches are necessary for some sort of policy reason and legalistic objections to them miss the point. There is no policy reason. If there were, then you'd have to allow warrantless law enforcement monitoring of all international communications and you'd have to require cryptographic key escrow. We don't. We're not going to. We don't need to. And so we don't need to do these searches either.

RE: FISA and Border Searches of Laptops