The reasonable-suspicion standard should be written into law...

These reasonable compromises should in no way impede the government's ability to search laptops for such things as child pornography or terrorist plans. But they would go a long way toward giving the average, innocent traveler some protection against frivolous or mischievous intrusions.

Search and Replace - washingtonpost.com

War Nerd:

There are three basic facts to keep in mind about the smokin’ little war in Ossetia:

1. The Georgians started it.
2. They lost.
3. What a beautiful little war!

For me, the most important is #3, the sheer beauty of the video clips that have already come out of this war. I’m in heaven right now.

South Ossetia, The War of My Dreams

Unprotected speech generally can only be restricted after a finding on the merits that the speech is indeed unprotected. It generally can't be restricted via a temporary restraining order or a preliminary injunction that's just based on a preliminary, quick-and-dirty estimate of whether a crime was violated and whether the speech is therefore constitutionally unprotected.

A discussion of the legal issues involved in the MBTA suit, which are familiar.

The Volokh Conspiracy - Temporary Restraining Order Against Crime-Facilitating Speech About Security Vulnerabilities:

Many of Georgia's internet servers were under external control from late Thursday,' before the actual war began.

Slashdot | Evidence of Russian Cyberwarfare Against Georgia

On August 1st, I pointed out that Chertoff lied in an editorial published in mid-July in the USA-Today. Apparently he told the same lie to Wired in an interview on the 7th, and on the 8th Sen Russ Feingold echoed my comments exactly:

Secretary Chertoff's description of the newly published DHS policy on laptop searches was not just misleading – it was flat-out wrong. In an interview with Wired.com, the Secretary stated that "[w]e only do [laptop searches] when we put you into secondary [screening] and we only put you into secondary [screening] ... when there is a reason to suspect something."

But the actual policy that DHS published says the exact opposite.

Also note:

DHS spokesman Russ Knocke dismissed Feingold's statement, calling it "sour grapes and paranoia from someone who can't accept that even the 9th Circuit ruled that what we're doing is constitutional."

Hey Russ, have you read that 9th circuit decision? Can you explain what the hell the warrant exception for vehicle searches has to do with the standard of suspicion required to search laptops given that probable cause is required to search a home regardless of whether or not it is "readily mobile."

Chertoff Misleads on Laptop Searches, Feingold Charges | Threat Level from Wired.com

Threat Level is one of four finalists in the 2008 Knight-Batten Awards for Innovations in Journalism for our readers' work digging up over 100 self-serving anonymous edits performed by corporations and governments on Wikipedia.

Readers used WikiScanner to uncover the shenanigans.

I hope they are also thanking Virgil. He did most of the work here, really.

Thanks, Wikipedia Sleuths! Threat Level Places in Innovative Journalism Awards | Threat Level from Wired.com

A federal judge on Saturday gagged three Massachusetts Institute of Technology undergraduates from publicly presenting research at Defcon demonstrating gaping holes in the electronic payment systems of one of the nation's biggest transit agencies.

The US Court system continues to demonstrate that they have no respect for the right to freedom of speech when the interests of powerful organizations are concerned. Ultimately, this injunction won't be upheld, but it won't matter, because the conference will be over. It is therefore possible for any wealthy interest to suppress any arbitrary conference proceeding in the United States without any justification.

Federal judge halts Defcon talk on subway card hacking | The Register

The Massachusetts Bay Transportation Authority filed a suit in federal court on Friday seeking a temporary restraining order to prevent three undergraduate students from the Massachusetts Institute of Technology from presenting a talk at the DefCon hacker conference this weekend about security vulnerabilities in payment systems used in the Massachusetts mass transit system.

Someone just joined "the club."

DefCon: Boston Subway Officials Sue to Stop Talk on Fare Card Hacks | Threat Level from Wired.com

The Coders Rights Project builds on EFF's longstanding work protecting researchers through education, legal defense, amicus briefs and involvement in the community with the goal of promoting innovation and safeguarding the rights of curious tinkerers and hackers on the digital frontier.

I hate to look a gift horse in the mouth but its about god damn time they did something like this.

Coders' Rights Project | Electronic Frontier Foundation

From: Peter Swire [peter@peterswire.net]
Sent: Wednesday, August 06, 2008 11:57 AM
To: David Farber
Subject: DHS responds on laptop searches; direct action campaigns

Dave:

Public concern about laptop searches seems to be getting the attention of senior officials at DHS.

Yesterday, they posted “Answering Questions about Laptop Searches” by Jayson Ahern, Deputy Commissioner, U.S. Customs and Border Protection: http://www.dhs.gov/journal/leadership/

It links to his June 30 post on “CBP Laptop Searches”: http://www.dhs.gov/journal/leadership/2008/06/cbp-laptop-searches.html. Readers may wish to add their comments to the blog post.

Their basic point remains the same – customs has checked people’s items at the border for 200 years, so they can check your laptop.

Meanwhile, this issue has hit the front page of DailyKos, http://www.dailykos.com/storyonly/2008/8/4/141837/1015, and Dave Farber’s list gets mentioned in the Salon article, http://machinist.salon.com/blog/2008/08/04/encryption/index.html.

Two direct action campaigns are underway:

(1) “Hands Off My Laptop,” from Center for American Progress Action Fund: http://www2.americanprogress.org/t/288/campaign.jsp?campaign_KEY=6239

(2) Electronic Frontier Foundation action site: https://secure.eff.org/site/Advocacy?alertId=373&pg=makeACall.

Peter

Prof. Peter P. Swire
C. William O'Neil Professor of Law
Moritz College of Law
The Ohio State University
Senior Fellow, Center for American Progress
(240) 994-4142, www.peterswire.net