No Warrant Necessary to Seize Your Laptop

[AverageJoe]

Sorry if this is old news here. I don't get to DU as often as I'd like these days. Anyhoo.... I thought this letter from the American Association of University Professors might be of interest here.

Mods: I'm presenting it without snips because most readers won't have any other access to the text.




"In early 2008 it became apparent that the U.S. Department of Homeland Security (DHS) had implemented a new and invasive policy giving U.S. Customs and Border Patrol agents the authority to seize and copy electronic and printed materials at U.S. border crossings without any suspicion of wrongdoing by the traveler. Despite the subsequent change of administration, the department has not reinstated the previous policy, which required agents to have individualized suspicion before seizing or searching the contents of laptops and other electronic devices.

The AAUP joined with other civil liberties organizations in a May 2008 letter to Congress on this issue, and first alerted AAUP members in an October 2008 e-newsletter. We continued to press the issue through a letter from General Secretary Gary Rhoades to newly confirmed DHS Secretary Janet Napolitano in March 2009, and by joining a number of organizations calling on Congress in October 2009 to increase its oversight of the DHS Chief Privacy Officer.

The government’s continued authority to search personal and private data without individualized suspicion could have serious consequences for faculty members who travel in order to teach, speak, conduct research, and collaborate with colleagues around the world. In light of this, the American Civil Liberties Union (ACLU) has requested the AAUP’s assistance once again in gathering information about how this policy is being applied to traveling faculty members.

Please take a moment to review the questions below. If your answer to any of the questions is yes, please briefly describe your experience and e-mail your response to [e-mail]. (You may also copy your response to John Curtis, AAUP Director of Research and Public Policy, at [e-mail].) The ACLU and AAUP promise confidentiality to any faculty member responding to this request.

(1) When entering or leaving the United States, has a U.S. official ever examined or browsed the contents of your laptop, PDA, cell phone, or other electronic device?

(2) When entering or leaving the United States, has a U.S. official ever detained your laptop, PDA, cell phone, or other electronic device?

(3) In light of the U.S. government’s policy of conducting suspicionless searches of laptops and other electronic devices, have you taken extra steps to safeguard your electronic information when traveling internationally, such as using encryption software or shipping a hard drive ahead to your destination?

(4) Has the U.S. government’s policy of conducting suspicionless searches of laptops and other electronic devices affected the frequency with which you travel internationally or your willingness to travel with information stored on electronic devices?

The AAUP Government Relations Committee will continue to inform AAUP members and all faculty and academic professionals of important policy matters and advocate on their behalf. We appreciate your advocacy and your responses.

Brian Turner, Randolph-Macon College (Virginia) and Chair, AAUP Government Relations Committee

For a deeper understanding of the Department of Homeland Security’s policy please see the below links to press coverage about and AAUP actions on this issue.

“Bush's Search Policy For Travelers Is Kept,” Washington Post, 8/29/09

Letter from General Secretary Gary Rhoades to DHS Secretary Janet Napolitano, March 20, 2009

“Expanded Powers to Search Travelers at Border Detailed” Washington Post, 9/23/08

“Search and Replace” , Washington Post, 8/13/08

“US Border Agency Says It Can Seize Laptops” PC World, 8/3/08

“Travelers' Laptops May Be Detained At Border: No Suspicion Required Under DHS Policies” Washington Post, 8/1/08

Letter to House Committee on Homeland Security, May 1, 2008"

[ShortnFiery]

1. Didn't President Obama and the Democrats PROMISE to reinstate our Civil Liberties?

Meet the new boss?

[TornadoTN]

14. A lot of things were promised

Of course, we are supposed to forget about these things and think that everything he does is infallible.

[GreenPartyVoter]

26. Yep. Just keep looking forward.

[MicaelS]

2. Excellent reason to have a spare hard drive

With all your important data on it, and just the barebones on the laptop. Or else ship your drive to yourself via Fedx or UPS.

[lostnfound]

8. How do you handle .pst files / Outlook emails?

Backing them up can be a bitch.

[sailor65]

16. Here you go

it's a free tool and takes almost no effort to use.....peace

http://office.microsoft.com/en-us/outlook/HA010875321033.aspx

[guruoo]

18. Another option

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=7404422&mesg_id=7405903

[MicaelS]

21. Very interesting, thanks! n/t

[KharmaTrain]

3. Use A "Travel Laptop"

Yes this is old news for many here. It's an urealistic program as if the TSA or DHS tried to copy every hard drive that went through customs the travel system would come to a halt. But it also demonstrates how regressive the government has been in playing security whack a mole. I have several friends who travel abroad and they travel light...including a "travel laptop" with little installed other than a browser and word processor. These days one can leave their HD at home...backing up on servers and being able to access other computers so the need to have a loaded HD to travel is not needed (not to mention problems of having an HD wiped out by a malfunctioning X-ray machine).

[guruoo]

20. This may help....

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7404422#7405903

[hobbit709]

4. They would not like me then.

The would be nothing on the drive except the OS, a browser and a couple of text files. The Declaration of Independence, the Constitution, and a 4Gb txt file endlessly repeating "FUCK THE GESTAPO" in large bold print.

Anything else would have been wiped by a file shredder program.

[tavalon]

6. That's a lot of "FUCK THE GESTAPO"

[hobbit709]

7. I want to make sure they get the point.

[tavalon]

9. I think they will

I left Austin a few years ago. I trust you are keeping it happy and healthy?

[hobbit709]

11. Helping to keep South Austin weird since 1974.

[tavalon]

12. That's the part where I hailed from

Unfortunately, Austin is suffering from urban sprawl and only South Austin has really kept it's wonderful character.

[hobbit709]

13. We consider anything north of the river as South Dallas.

[Occulus]

29. They will when they try to open it and their computers slow to a crawl

Well played.

[Ian David]

5. Hackers Brew Self-Destruct Code to Counter Police Forensics

Hackers Brew Self-Destruct Code to Counter Police Forensics
http://www.wired.com/threatlevel/2009/12/decaf-cofee/

[hobbit709]

10. Good thing I have V1 and not 2

And sent copies to everyone I know.

[Odin2005]

15. UGH!

:puke:

[guruoo]

17. How about using mojopac & a 32G micro sd card....

MojoPac is an application virtualization product from RingCube Technologies. MojoPac turns any USB 2.0 storage device, such as iPods, USB flash drives, portable hard drives, USB-enabled cell phones, and USB-enabled digital cameras, into a portable computing environment. The term "MojoPac" is used by the company to refer to the software application, the virtualized environment running inside this software, and the USB storage device that contains the software and relevant applications. MojoPac supports popular applications such as Firefox and Microsoft Office, and it is also high performance enough to run popular PC Games such as World of Warcraft and Half-Life 2.

http://en.wikipedia.org/wiki/MojoPac

mojopac free download:
http://www.mojopac.com/download.html

[HiFructosePronSyrup]

19. I've had this happen while flying within the U.S.

Portland to Denver.

[Matariki]

22. what happened?

was your laptop confiscated? opened and examined in front of you? more info...

[HiFructosePronSyrup]

23. When I got into the hotel...

I opened my luggage and found a note saying that my bag had been opened and the hard drive of my laptop had been imaged then promptly returned to my bag. I had been randomly selected and they gave some legalese.

I wasn't sure how I felt about it at the time, and am still unsure. It was a new computer and I had literally no private data on it yet. I may have been upset if I had. On the other hand, I knew going onto the plane that they can open checked baggage and rifle through your stuff, so why would looking at a computer be intrinisically different than going through your underwear?

[undeterred]

25. But what if it was a business computer

and in the process of imaging it they destroyed data?

[Ignis]

28. Until they can prove chain of custody for collected evidence...

I'd be worried.

[undeterred]

24. I feel badly for business travellers going through this.

When I did travel for business I flew 2 or 3 weeks out of the month, always with 1 or 2 laptops. We were instructed to keep them with us at all times, since a laptop in its case coming out with regular baggage is easy to steal. It was before 2001 so although it was awkward at times, there was not much scrutiny or paranoia. It must be a real pain in the butt now.

[nadinbrzezinski]

27. Why I travel with a cheap laptop these days

instead of the more expensive home laptop...

Oh and why I copy all my files before travel, or just plain out take a second thumb drive with the files I work with at that moment.

And yes, this is part and parcel of a police state.