Groups seek to challenge U.S. gov't on seized laptops

[Newsjock]

Source: Computerworld

The policy of random laptop searches and seizures by U.S. government agents at border crossings is under attack again, with a pair of civil rights groups seeking potential plaintiffs for a lawsuit that challenges the practice.

The American Civil Liberties Union is working with the National Association of Criminal Defense Lawyers to find lawyers whose laptops or other electronic devices were searched at U.S. points of entry and exit. The groups argue that the practice of suspicionless laptop searches violates fundamental rights of freedom of speech and protection against unreasonable seizures and searches.

... "This lawsuit will not seek monetary damages for individuals who have been searched; instead, it will focus exclusively on fixing the unconstitutional policy," wrote Jennifer Granick, civil liberties director and lawyer with the Electronic Frontier Foundation, in a blog entry on Wednesday.

... Last year, a document surfaced on the U.S. Department of Homeland Security's Web site that authorized U.S. agents to seize and retain laptops indefinitely. Government agents belonging to the U.S. Customs and Border Protection, which is a part of DHS, were also authorized to seize electronic devices including portable media players and cell phones and inspect documents in them.

The DHS has defended the policy of searching electronic devices, stating that its ability to "inspect what is coming into the United States is central to keeping dangerous people and things from entering the country and harming the American people," according to the agency's Web site.

Read more: http://www.computerworld.com/s/article/9144579/Groups_seek_to_challenge_U.S._gov_t_on_seized_laptops

[hobbit709]

1. One of the reasons I keep important data in the most secure location

Inside my skull. If I traveled, my laptop would have the OS and the rest of the drive would be one huge text file saying "FUCK YOU GESTAPO" over and over.

[sui generis]

2. I don't care about the searching part

it's the keeping the equipment part that would have me going after the DHS with blood in my eye.

Just the same, under what specific circumstances do they elect to actually "retain" equipment? I'm curious - it doesn't seem like a sound social or security policy to just randomly and permanently acquire expensive computer equipment from passengers, justifiable or not.

[Downwinder]

3. Do they do searches and seizures of iPhones and blackberries?

[bongbong]

4. TSA theft

I've had several (albeit minor) items stolen by TSA menschen that could not possibly pose any kind of threat from checked luggage. So far no computer theft, but I advise friends and DU-ers to only pack clothes, that you wouldn't mind losing, in checked luggage.

[Heywood J]

5. Businesss travellers have been using blank laptops for some time.

Something that contains only a copy of Windows and few/no other programs, that can be VPN'ed back into the corporate network (and remoted into your desk PC) or used to work on documents in secure online areas. If one disappears, it's a cheap $500-1000 laptop gone and not several weeks worth of business documents or corporate secrets.

It's always made me wonder how many computers used by various federal government employees have engravings or tags designating them as property of particular corporations. Right now, there's no way of knowing what happens to them after they're taken at the border.

[Raston]

6. two-factor encryption

(not a plug - why don't people use tools like these?) - this is why I wrote lukstool for Linux, which enables two-factor (what you know and what you have) encryption for LUKS. Found at www dot death-zone dot org, Projects - Military Grade Cryptofile.

In situations like this, you send your key (a copy of which is at home / with a friend, of course) FedEx insured to your destination the day before you travel. If your laptop is confiscated you can absolutely comply - give them all passwords and genuinely do your best to help, because without that key they get NOTHING, no matter what you tell them. They can even keep it - whatever. Curse, have the company buy you a new laptop when you get home and restore from backups.

Two factor authentication is getting increasingly important, especially with 'rubber-hose cryptography' (beating you up to comply, whether physically or psychologically).

If you're not angry, you're not paying attention.

- Raston

[Mithreal]

7. Thank you