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Lawsuit Targets US Searches of Global Travelers’ Devices
Thousands have been checked at border since ’08
NEW YORK - Civil rights lawyers sued the government yesterday to stop authorities from snooping in the laptops, cellphones, and cameras of international travelers without probable cause.
The lawsuit was filed in US District Court in Brooklyn against the Department of Homeland Security and US customs and immigration authorities. The government did not immediately return a message seeking comment.
The lawsuit says more than 6,500 people have had their electronic devices searched as they crossed US borders since October 2008. Nearly half of those searched were US citizens.
In May, a graduate student in Islamic studies at McGill University in Montreal was detained for several hours as his electronic devices were searched, the suit says. The encounter frightened the student, according to the suit.
The American Civil Liberties Union, the New York Civil Liberties Union, and the National Association of Criminal Defense Lawyers filed the lawsuit on behalf of the National Press Photographers Association, criminal defense lawyers, and the student: Pascal Abidor, a 26-year-old French-American citizen whose laptop was confiscated at the Canadian border.
The civil rights groups said photographers regularly travel abroad with cameras, laptops, and media storage devices to cover global news stories and rely on their ability to communicate confidentially with sources. They said many of the defense lawyers have similar confidentiality concerns as they travel abroad with laptops, BlackBerrys, and cellphones.
The lawsuit says policies adopted by US government agencies permit the search of all electronic devices that "contain information,'' including laptops, cameras, mobile phones, ‘smart' phones, and data storage devices.''
The policies are particularly invasive since electronic devices carry "vast amounts of personal and sensitive information that reveals a vivid picture of travelers' personal and professional lives, including their intimate thoughts, private communications, expressive choices, and privileged or confidential work product,'' the lawsuit says.
ACLU staff attorney Melissa Goodman said the searches do not make people safer.
The lawsuit highlights what Abidor went through at the US-Canadian border as he traveled May 1 on an Amtrak train between Montreal and New York City to visit family after completing his academic year.
The lawsuit says a US Customs and Border Protection officer asked him a series of questions before he was asked to go with his belongings to the cafe car, where five or six other officers joined the questioning as he was ordered to provide access to his laptop.
The officer questioned him about some personal pictures and images of Hamas and Hezbollah rallies that he had downloaded as part of his research for his doctorate in the modern history of Shi'ites in Lebanon before he was searched, handcuffed, and taken to a detention cell, the lawsuit says.
He was released after about three hours, leaving him "frightened, disturbed, and severely upset'' as he continued to New York on a bus, the lawsuit says.
The civil rights groups said that when Abidor's laptop was returned 11 days later, there was evidence that many of his personal files, including research, photos, and chats with his girlfriend, had been searched.
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19 Comments so far
Show All18 months after Obama took office, we still haven't seen the Patriot Act dismantled...so much for hope and change.
Well...we have had a lot of change in our hope!
I wasn't hoping nearly as much as a lot of people. Obama's rapid rise in national politics didn't just happen, it was orchestrated by the DLC. He's as much a corporatist as the Clintons.
Sieg Heil !!
What do people expect? when you travel to Nazi Germany Mark II, you have to show your papers....
As repugnant as the searching is, this is not a fourth amendment issue. The first congress, which also passed the bill of rights, allowed for searches when entering the country. There is no question about the intent of the framers in regard to whether the fourth amendment applies to anyone attempting to cross our borders. It doesn't.
But it would be interesting to know what the basis of the suit is. Profiling, perhaps? In any event, I would be surprised if the gang of five on the current court would provide any help when it gets to them on appeal.
The basis is the Constitution of the United States. Last time I read it, it said "people" not citizens.
Yes, they have every right to look inside your luggage, they do NOT have any right to look in your wallet, your papers or your thoughts. Or anything that constitutes your thoughts or private records.
The ACLU is doing the job it was intended for here. They are protecting Americans, America and anyone in our control or on our soil from unwarranted intrusion.
Unless they have very justifiable and clear probable cause, they can keep their noses out of peoples private business.
I never said citizens. I find the singling out of individuals as objectionable as you do, but the point of my comment was that the 4th amendment does not apply to anyone (even citizens) when they cross the border to enter the US. Most folks believe that there is some sort of protection under the 4th amendment, probable cause or warrant requirement at the border, but that has never been the case.
Also, data on a computer or a cellphone is no different than anything written on paper, for example, the papers in your wallet. They can look through your wallet and other papers, and likewise they would have the right to examine the writings in electronic form. My question was directed to the ACLU's basis for the lawsuit. Probable cause, 4th amendment, and warrantless search arguments at border searches will be rejected by the courts because the border is an area outside of the scope of protection provided by the 4th amendment. It would be interesting to know what their claims state.
The ACLU would be better off using their limited resources to address the privacy invasions under the so-called Patriot Act that are perpetrated against everyone inside this country.
I like your follow up (#5).
In the olden days, we advised our friends of a 'quick comeback' that covers nearly every situation.
(Refer to #5.)
When Terry the Tramp (one of the original Hell’s Angels) split with his wife, he left a note to explain it all. It simply said, "Fuck It."
THE GIRL WITH THE DRAGON TATTOO
If you haven't seen the movie, or read the book, please do so. You will find a page out of your post in the script.
By the way, I'm in love with Lisbeth Salander - and love conquers all.
So, keep that in mind; I have dibs on Lisbeth.
A great little security utility is truecrypt (http://www.truecrypt.org/). You can encrypt your drive or a partition, a separate folder, a thumb drive, camera data cards and about anything that holds and stores data. It's free and damned impossible to hack.
And if you aren't hip to the tor-project (www.tor-project.org), stop your web surfing right now and install the tor shell. It scrambles your IP address from inquiring minds/fascists/snoops/governments/hackers.
I've run across several articles on this subject over the past few years. Apparently, if they can go through your data and look at what they want, then you may get your storage device back.
If they hit an encrypted file or drive, your device is confiscated unless you give the decryption key. You might be "disappeared" until you do.
By the way, that description, "policies adopted by US government agencies permit the search of all electronic devices that "contain information,'' including laptops, cameras, mobile phones, ‘smart' phones, and data storage devices." apparently pertains to handwritten notes or printed material you may have in your pockets or purses.
We are being conditioned to accept all of this. For the past decade, we have been subjected to ever growing scrutiny by Big Brother. We get used to one level, then they up it to another level.
We now must show our "papers" to any official that demands it. We must strip and turn everything over to BB in order to board a plane. If you have criticized the government, that may be sufficient to put you on a "no fly" list, a border watch list.
Our papers, driver's license, passports, have chips in them with all of your personal data and biometrics on it, to be read by anybody with the right equipment. Even clothes and other goods are now manufactured with chips that allow them to be tracked.
Many seem to be falling for the idea to "chip" their kids, lest the rapist or kidnapper takes them. Propaganda tells us that rapists, torturers, kidnappers are everywhere. If you look under your bed you may find one or two, and We the People believe it.
Those chips give the government an absolute lock on that child. If he becomes a dissenter, they know exactly where he is, to be picked up. Some new printers put a microdot on every page they print, which will give the origin of the document. We scurrilous writers beware!
Actually, Ronald Reagan was right ... the government _is_ our enemy.
It _wasn't_ when he said it, but because of policies _started_ by him, it has become our enemy.
If you've got nothing to hide, I don't see why anyone would object to a cavity search.
So you'd have no problem with a similar search of your personal computer?
Americans need to stop being so f^*!ng paranoid.