WASHINGTON - May 6 - During a Senate Judiciary Committee hearing today on Department of Homeland Security (DHS) oversight, U.S. Senator Russ Feingold questioned DHS Secretary Janet Napolitano about the new administration's policy on customs officials searching travelers' laptops. Last year, Feingold introduced the Travelers Privacy Protection Act in response to a Department of Homeland Security policy allowing customs agents to seize laptops for an unspecified period of time to "review and analyze" their contents "absent individualized suspicion." Feingold has held off on reintroduction of the legislation in order to give the new administration a chance to address the privacy issues raised by the policy.

Feingold Presses DHS Secretary About Laptop Seizure Policy | CommonDreams.org

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

Lots about laptop searches

Customs and Border Patrol at the Department of Homeland Security was just given the green light to search and seize laptops at the border, without probable cause, by the Ninth Circuit Court of Appeals. They can deny entry to anyone who refuses to give up their laptops and password. This is an affront to our progressive values of privacy and protection from unwarranted search and seizure.

This is the CAP Action Campaign Decius mentioned during his talk at the Last HOPE. You can use this form to request that Customs perform a privacy impact assessment on the practice.

I Am Progress - Hands Off My Laptop

Last week, federal, state, and local police in Tennessee, Mississippi, and Arkansas conducted a massive sweep dubbed "Operation Sudden Impact."

The operation included raids of businesses, homes, and boats; traffic roadblocks; and personal searches. They say they were looking for "terrorists." If they found any, they haven't announced it yet. They did arrest 332 people, 142 of whom they describe as "fugitives." They also issued about 1,300 traffic tickets, and according to one media account, seized "hundreds" of dollars.

...

The FBI along with hundreds of officers said they are looking for anything out of the ordinary. Agents take computers and paperwork from businesses.

"What we have found traditionally is that terrorists are involved in a number of lesser known type crimes," said Mark Luttrell, Shelby County sheriff.

There you have it. All law enforcement is anti-terrorism. The police cannot legally establish "anti-terrorism" roadblocks that essentially serve as forums for random search and seizure.

Tennessee Terrorism Sweep nets traffic violators

The Ninth Circuit has (finally) handed down United States v. Arnold; the court ruled that there is no Fourth Amendment requirement of "reasonable suspicion" to search a laptop computer at the border.

This is extremely bad.

The Volokh Conspiracy - Ninth Circuit Allows Suspicionless Computer Searches at the Border:

In honor of MLK day and to take the edge of the last post, here is a video of the "I have a dream speech."

YouTube - Martin Luther King Jr - I have a dream speech - Aug 28 1963

"Its definition of freedom -- one utterly divorced from civic responsibility -- is superficial and is itself a grave threat to the liberty and security of the American people."

Apparently asking the executive to comply with acts of Congress is "utterly divorced from civic responsibility."

Gonzales attacks ruling against domestic spying - CNN.com

If the Ninth Circuit does agree with Judge Pregerson that computer searches are "non routine," there's a decent chance that this case would be the first computer search and seizure case to get to the Supreme Court.

Sweet! I find the prospect of random laptop searches at borders to be offensive to the idea of a free society on many levels. Finally, someone has argued, and a court has accepted the arguement, that this isn't Constitutional. Now, we'll get to find out if the higher courts agree. Its on!

The Volokh Conspiracy - District Court Holds That Border Searches of Computers Require Reasonable Suspicion:

Yesterday I explained that the definition of "unlawful enemy combatant" (UEC) in the latest draft of the detainee bill was so ridiculously broad and open-ended that it could not possibly be intended to establish the authority of the Executive to militarily detain all persons so defined. But it appears I underestimated the gall and recklessness of the Administration and Congress, because there seems to be a fairly widespread understanding that the definition would do just that.

There is a healthy debate in the thread here about just exactly what these words mean, and lots of good links to more information.

Balkinization: Imagine Giving Donald Rumsfeld Unbounded Discretion to Detain You Indefinitely

BURIED IN THE complex Senate compromise on detainee treatment is a real shocker, reaching far beyond the legal struggles about foreign terrorist suspects in the Guantanamo Bay fortress. The compromise legislation, which is racing toward the White House, authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights.

Oh Fuck...

Hard To Do Any Worse