News

US Border Agents Copying Contents of Travelers' Laptops

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by: Federica Narancio, McClatchy Newspapers

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Federal agents have begun seizing laptops and other electronics at the US border and copying their contents. (Photo: Law Times News)

    Washington - US border agents are copying and seizing the contents of laptops, cell phones and digital cameras from US and foreign travelers entering the United States, witnesses told a Senate subcommittee Wednesday.

    The extent of this practice is unknown despite requests to the Department of Homeland Security from the Senate Subcommittee on the Constitution and several nonprofit agencies.

    The department also declined to send a representative to the hearing. Subcommittee Chairman Russ Feingold, D-Wis., said Homeland Security had told him that its "preferred" witness was unavailable Wednesday.

    Feingold added that he'd submitted written questions about the seizures of electronic data - and of some devices - to Homeland Security Secretary Michael Chertoff in April. To date, Feingold said, he's gotten no reply.

    Chertoff's department provided a written statement that said it wasn't its intention to infringe on Americans' privacy but to protect the country from terrorists and criminals, whose electronic devices can reveal incriminating materials.

    During border searches of laptops, according to the statement, the department's Customs and Border Protection officers have found "jihadist material, information about cyanide and nuclear material, video clips of improvised explosive devices being exploded, pictures of various high-level al Qaida officials and other material associated with people seeking to do harm to U.S. and its citizens."

    Jayson Ahern, the deputy commissioner of Customs and Border Protection, signed the statement.

    Some witnesses noted that the 9th U.S. Circuit Court of Appeals in San Francisco had ruled in a recent child-pornography case that federal agents could seize a laptop computer at the border without reasonable suspicion that its owner was engaged in unlawful activities.

    However, several witnesses said that the ruling, by the most liberal of U.S. appeals courts, didn't end their concerns about Homeland Security's refusal to explain the standards for its searches, how it protects privacy, how the seized material is used and who can see or use it.

    Three nonprofits - the Electronic Frontier Foundation, the Asian Law Caucus and the Association of Corporate Travel Executives - filed a Freedom of Information Act request last year seeking Homeland Security's answers to those questions. They've gotten none thus far.

    They and other groups consider seizures made without probable cause to be an invasion of privacy that leaves the door open to ethnic and racial profiling.

    Farhana Khera, the president of Muslim Advocates, a San Francisco nonprofit, said they'd received complaints from Muslim, Arab and South Asian Americans. She said they also had been questioned about their political, religious and personal views.

    Retaining confidential computer files also worries business travelers and companies, said Susan Gurley, the executive director of the Association of Corporate Travel Executives, an international group based in Alexandria, Va..

    Her organization surveyed its 2,500 members in February, Gurley said. Of 100 respondents, seven said border agents had seized their laptops or their files. Four out of five, she said, were unaware that border agents could seize their electronic data and devices.

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As W. said, freedom's on the

As W. said, freedom's on the match. He just didn't clarify that it is marching out the door.

I highly recommend TrueCrypt

I highly recommend TrueCrypt (www.truecrypt.org). It is free & open source, and offers entire hard disk encryption with pre-boot authentication. That should at least throw a monkey wrench into this violation of our privacy!

This is the type of

This is the type of Orwellian nightmare one would expect from the Democratic Republic of (North) Korea, the Peoples Republic of China, the Socialist Republic of Cuba and other totalitarian states which seek to throttle the free flow of information! Sixty-seven years ago, our fathers and grandfathers who served in World War II and those of who served during the "Cold War," fought to prevent the type of abusive regime which exists in this country at present! There is no showing of "probable cause" as required under the Fourth Amendment of the Constitution, nor is there even a requirement of "reasonable suspicion!" Homeland Security (sounds like a Ministry of the Third Reich analogous to the Gestapo!) refuses to disclose what standards it applies as to whom to search or what it does with the data seized from individuals' laptops, cell phones or cameras! These abuses would make the framers of our Constitution spin in their graves and Americans seek to emigrate elsewhere in search of civil liberties and privacy!