Terrorism and Your Laptop

Whether you are addicted to Worlds of Warcraft, or are writing a book - the new statement by DHS that laptops may be confiscated while entering the United States is truly terrifying.

They have been confiscating laptops and cell phones of U.S. citizens, even though they admit there is not necessarily any room for suspicion. DHS was taken to court, but a judge in San Francisco ruled that it was ok to take into custody electronic devices without a reason for suspicion.

This announcement, along with the increasing numbers of immigrants being detained and deported, tells us that our government no longer believes in a civil society. While Michael Chertoff is saying that electronic devices are dangerous because they might contain terrorist material -- he does not realize that it is not the populace that is dangerous, but Chertoff himself and his army of minions.


Five months and twenty days until the new administration. Let's hope that our incoming president will cut our country loose from this fascist stranglehold.

In the meantime, if you are traveling out of the country, you might consider not taking your laptop, or if you do, back up everything before you leave home.
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Travelers' Laptops May be Detained At Border
No Suspicion Required Under DHS Policies
by Ellen Nakashima
Washington Post Staff Writer
Friday, August 1, 2008; Page A01

Federal agents may take a traveler's laptop or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed.

Also, officials may share copies of the laptop's contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.

"The policies . . . are truly alarming," said Sen. Russell Feingold (D-Wis.), who is probing the government's border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin.

DHS officials said that the newly disclosed policies -- which apply to anyone entering the country, including U.S. citizens -- are reasonable and necessary to prevent terrorism. Officials said such procedures have long been in place but were disclosed last month because of public interest in the matter.

Civil liberties and business travel groups have pressed the government to disclose its procedures as an increasing number of international travelers have reported that their laptops, cellphones and other digital devices have been taken -- for months, in at least one case -- and their contents examined.

The policies state that officers may "detain" laptops "for a reasonable period of time" to "review and analyze information." This may take place "absent individualized suspicion."

The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "

Reasonable measures must be taken to protect business information and attorney-client privileged material, the policies say, but there is no specific mention of the handling of personal data such as medical and financial records.

When a review is completed and no probable cause exists to keep the information, any copies of the data must be destroyed. Copies sent to non-federal entities must be returned to DHS. But the documents specify that there is no limitation on authorities keeping written notes or reports about the materials.

"They're saying they can rifle through all the information in a traveler's laptop without having a smidgen of evidence that the traveler is breaking the law," said Greg Nojeim, senior counsel at the Center for Democracy and Technology. Notably, he said, the policies "don't establish any criteria for whose computer can be searched."

Customs Deputy Commissioner Jayson P. Ahern said the efforts "do not infringe on Americans' privacy." In a statement submitted to Feingold for a June hearing on the issue, he noted that the executive branch has long had "plenary authority to conduct routine searches and seizures at the border without probable cause or a warrant" to prevent drugs and other contraband from entering the country.

Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that "the most dangerous contraband is often contained in laptop computers or other electronic devices." Searches have uncovered "violent jihadist materials" as well as images of child pornography, he wrote.

With about 400 million travelers entering the country each year, "as a practical matter, travelers only go to secondary [for a more thorough examination] when there is some level of suspicion," Chertoff wrote. "Yet legislation locking in a particular standard for searches would have a dangerous, chilling effect as officers' often split-second assessments are second-guessed."

In April, the Ninth Circuit U.S. Court of Appeals in San Francisco upheld the government's power to conduct searches of an international traveler's laptop without suspicion of wrongdoing...

For link to U.S. Customs policy regarding laptops and other electronic equipment click here

for a link to this WP article, click here

link to photo