Computers Feds: We will search through your laptop files at the border

**jAZ** · 04-29-2008, 08:17 PM

http://tech.yahoo.com/blogs/null/90325

Feds: We will search through your laptop files at the border

Wed Apr 23, 2008 11:58AM EDT

See Comments (40)
Buzz up!on Yahoo!

Following in the wake of February's news that customs agents were seizing electronics and making copies of all the files on cell phones and laptop hard drives, a federal appeals court has ruled on the legality of such searches. The result: Yeah, customs can do whatever it wants to your computer when you come across the border, without a warrant, and without cause.

The ruling extends to all electronics: In addition to laptops, feds can seize phone records and even digital pictures on your camera as they hunt for evidence. The ruling was unanimous among the three appellate judges.

Be assured that the ruling has little to do with thwarting terrorism. The appeal was actually part of an ongoing trial of a man named Michael Arnold, who returned from the Philippines and had his laptop scoured by the feds. They found purported images of child pornography on the laptop and later arrested him. In his trial, the evidence was suppressed for probable cause issues, as the court said that customs had no reasonable suspicion to search his laptop in the first place. That ruling has now been overturned.

As Wired notes, the court did not rule on whether you have to help agents access your hard drive. If you use a password or encryption, the court was mum on whether you can be compelled to provide information on bypassing that security in order to access materials on the drive. If you find yourself in such a situation and have anything on your computer that might be considered at all suspicious, you are probably wise to keep mum on providing login information.

This is an issue that will undoubtedly keep developing (and will probably be submitted, in the end, to the Supreme Court), but anyone traveling overseas with sensitive information (even confidential, legal stuff) should for now consider storing it elsewhere (online, perhaps) or simply leaving it at home.

**jAZ** · 04-30-2008, 02:08 PM

This dropped off the front page in a matter of 5 minutes. So I'm bumping.

StcChief · 04-30-2008, 02:09 PM

stay in the USA?

**Dartgod** · 04-30-2008, 02:21 PM

This is bad. Very bad.

beavis · 04-30-2008, 02:21 PM

Quote:

Originally Posted by StcChief

stay in the USA?

That's my advice.

kepp · 04-30-2008, 02:52 PM

Quote:

Originally Posted by Dartgod

This is bad. Very bad.

Seriously...being able to search/seize without cause...that's crazy. I can see it if the ruling was for non-citizens, but if you're a U.S. citizen coming back into the country, that shouldn't be the case.

Hydrae · 04-30-2008, 03:14 PM

Quote:

As Wired notes, the court did not rule on whether you have to help agents access your hard drive. If you use a password or encryption, the court was mum on whether you can be compelled to provide information on bypassing that security in order to access materials on the drive. If you find yourself in such a situation and have anything on your computer that might be considered at all suspicious, you are probably wise to keep mum on providing login information.

It seems like it would be self-incrimination if you were required to provide a password and they then find something with which they can charge you.

This will change dramatically the first time some corporate bigwig gets his confidential laptop raided and someone sells the industrial secrets they find.

88TG88 · 04-30-2008, 03:26 PM

Should I lock up all my homemade porn ?

bowener · 04-30-2008, 03:27 PM

I only have one thing to say about that...

**The Franchise** · 04-30-2008, 03:47 PM

I'm password protecting everything I have on my laptop now.

teedubya · 04-30-2008, 03:57 PM

Welcome to Amerikkka.

JBucc · 04-30-2008, 04:00 PM

Just put all your dirty pics on a thumb drive and hide it in your rectum.

bowener · 04-30-2008, 04:05 PM

Quote:

Originally Posted by Ari Chi3fs

Welcome to Amerikkka.

Well if you dont like it..... you can GGIIIT OUT!

(FTR--stupidest thing that could possibly ever be said)

Hammock Parties · 04-30-2008, 04:16 PM

Just fill your PC with the nastiest, most vile, most disgusting porn known to man. They won't be rooting through your hard drive very long.

Skyy God · 04-30-2008, 04:17 PM

Had mine searched at customs in Detroit. I guess I made the mistake of flying from Amsterdam. Per the customs agent, technically it's a crime to bring porn into the country on your laptop. They were assholes, too. Wouldn't let me help this nice woman repack her bag so she could make her flight.

Welcome to W's America.

04-29-2008, 08:17 PM
jAZ Supporter Join Date: Apr 2001 Location: Tucson, AZ Casino cash: $9847493	Feds: We will search through your laptop files at the border http://tech.yahoo.com/blogs/null/90325 Feds: We will search through your laptop files at the border Wed Apr 23, 2008 11:58AM EDT See Comments (40) Buzz up!on Yahoo! Following in the wake of February's news that customs agents were seizing electronics and making copies of all the files on cell phones and laptop hard drives, a federal appeals court has ruled on the legality of such searches. The result: Yeah, customs can do whatever it wants to your computer when you come across the border, without a warrant, and without cause. The ruling extends to all electronics: In addition to laptops, feds can seize phone records and even digital pictures on your camera as they hunt for evidence. The ruling was unanimous among the three appellate judges. Be assured that the ruling has little to do with thwarting terrorism. The appeal was actually part of an ongoing trial of a man named Michael Arnold, who returned from the Philippines and had his laptop scoured by the feds. They found purported images of child pornography on the laptop and later arrested him. In his trial, the evidence was suppressed for probable cause issues, as the court said that customs had no reasonable suspicion to search his laptop in the first place. That ruling has now been overturned. As Wired notes, the court did not rule on whether you have to help agents access your hard drive. If you use a password or encryption, the court was mum on whether you can be compelled to provide information on bypassing that security in order to access materials on the drive. If you find yourself in such a situation and have anything on your computer that might be considered at all suspicious, you are probably wise to keep mum on providing login information. This is an issue that will undoubtedly keep developing (and will probably be submitted, in the end, to the Supreme Court), but anyone traveling overseas with sensitive information (even confidential, legal stuff) should for now consider storing it elsewhere (online, perhaps) or simply leaving it at home.
Posts: 24,799

04-30-2008, 02:08 PM	#2
jAZ Supporter Join Date: Apr 2001 Location: Tucson, AZ Casino cash: $9847493	This dropped off the front page in a matter of 5 minutes. So I'm bumping.
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04-30-2008, 02:09 PM	#3
StcChief Playing for #1 Draft Pick Join Date: Oct 2003 Location: Just West of Lambs land Casino cash: $10004900	stay in the USA? __________________ sig test for this screwy schema
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04-30-2008, 02:21 PM	#4
Dartgod Wasted away again... Join Date: Aug 2000 Location: in Margaritaville Casino cash: $7310000	This is bad. Very bad. __________________ If you shed a tear for me, please make it a tear of joy. -Joe Tracy (Nzoner) . .
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04-30-2008, 03:26 PM	#8
88TG88 don't tell me about collage Join Date: Sep 2006 Location: Los Angeles Casino cash: $10009184	Should I lock up all my homemade porn ?
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04-30-2008, 03:27 PM	#9
bowener BAMF! Join Date: Nov 2007 Casino cash: $9549897	I only have one thing to say about that... __________________ Main Entry: bowe·ner Pronunciation: \ˈbō-nər\ Function: noun Date: circa 2007
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04-30-2008, 03:47 PM	#10
The Franchise Most Valuable Villain Join Date: Dec 2006 Casino cash: $3005047	I'm password protecting everything I have on my laptop now.
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04-30-2008, 03:57 PM	#11
teedubya Most Valuable Poster Join Date: Oct 2003 Casino cash: $9480002	Welcome to Amerikkka.
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04-30-2008, 04:00 PM	#12
JBucc MVP Join Date: Oct 2005 Casino cash: $10004952	Just put all your dirty pics on a thumb drive and hide it in your rectum.
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04-30-2008, 04:16 PM	#14
Hammock Parties I'll be back. Join Date: Nov 2002 Casino cash: $4610478	Just fill your PC with the nastiest, most vile, most disgusting porn known to man. They won't be rooting through your hard drive very long. __________________ Chiefs game films
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04-30-2008, 04:17 PM	#15
Skyy God 11-5, baby Join Date: Sep 2005 Location: Livin the dream Casino cash: $2191557	Had mine searched at customs in Detroit. I guess I made the mistake of flying from Amsterdam. Per the customs agent, technically it's a crime to bring porn into the country on your laptop. They were assholes, too. Wouldn't let me help this nice woman repack her bag so she could make her flight. Welcome to W's America.
Posts: 22,416