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View Full Version : [all variants] Laptop seizure by customs officials


Neo Adventist
August 4th, 2008, 10:14 PM
I about keeled over when I read this! from Reuters:


U.S. federal agents have been given new powers to seize travelers' laptops and other electronic devices at the border and hold them for unspecified periods the Washington Post reported on Friday.

Under recently disclosed Department of Homeland Security policies, such seizures may be carried out without suspicion of wrongdoing, the newspaper said, quoting policies issued on July 16 by two DHS agencies.

Agents are empowered to share the contents of seized computers with other agencies and private entities for data decryption and other reasons, the newspaper said.

DHS officials said the policies applied to anyone entering the country, including U.S. citizens, and were needed to prevent terrorism.

The measures have long been in place but were only disclosed in July, under pressure from civil liberties and business travel groups acting on reports that increasing numbers of international travelers had had their laptops, mobile phones and other digital devices removed and examined.

The policies cover hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes -- as well as books, pamphlets and other written materials, the report said.

The policies require federal agents to take measures to protect business information and attorney-client privileged material. They stipulate that any copies of the data must be destroyed when a review is completed and no probable cause exists to keep the information.

So far, federal courts have backed up such policies.

In late April, the 9th Circuit Court of Appeals held that a "reasonable suspicion is not needed for customs officials to search a laptop or other personal electronic storage devices at the border."

The finding overturned a lower court ruling that found laptop searches by Customs and Border Protection (CBP) agents violated the Fourth Amendment against unlawful search and seizure.

Copyright 2008 Reuters.


Ummmmmmmmmmmmmm.......... Full disk encryption with ultra-strong password?

sonofusion82
August 4th, 2008, 10:59 PM
if they suspect anything, they will force you to reveal the password anyhow.
also, using high-grade encryption is some countries are illegal because some paranoid law makers thinks that encryption is too dangerous and is categorized the same as firearms!
for me, i most encrypt sensitive info in password protected zip or 7zip archives.

The Tronyx
August 5th, 2008, 11:07 AM
if they suspect anything, they will force you to reveal the password anyhow.


Legally they cannot force you to do that. They can however retain your laptop and thus all of its data until you give them your password to prove that you have nothing more than a pirated movie and some naughty bookmarks.

You can also read more about these matters in depth here (http://www.schneier.com/blog/archives/2008/02/us_customs_seiz.html) and here (http://www.darknet.org.uk/2008/05/us-really-owns-your-data-now/).

hyper_ch
August 5th, 2008, 11:12 AM
yes, they can retain your notebook for eternity...

for this matter it's good to have windows on it :)

Make a 20gb windows install... install some legitimate applications... add a few pictures and stuff... maybe also some legal-to-download music... and put it on there....

and also fully encrypt your linux. before going through customs, just put back the original windows boot loader. I bet they not notice anything unusual. At least not for the moment.

panhandle
August 6th, 2008, 02:10 AM
Instead of bothering with all the encryption and masking of files, why not do the following:

1)save sensitive files or documents on small media i.e. flash memory; or simply remove your laptop's HDD.

2)insert media into suitably sized envelope.

3)address to self

4)+++important+++...place US Postage on envelope


No need to mail. Federal law prohibits customs agents from opening a sealed package with USPS postage!

http://blog.wired.com/27bstroke6/2008/08/border-laptop-s.html

Hope this helps.

arsenic23
August 6th, 2008, 02:17 AM
So, how long until we see lawsuits around this policy?

Vishal Agarwal
August 6th, 2008, 02:39 AM
Just Zip your data and email to your account, u can download it world wide any where.

The latest, they are installing body scanner at air ports, u need not to go to any XXX website, just stand behind a scanner machine on busy airport for as much time as u want.

The $ is an international currency, it works every where.

hyper_ch
August 6th, 2008, 02:47 AM
have a look at those comments:

This policy was posted on the DHS web site last week. But I think you are misreading the following:

"Only articles *in the postal system* are deemed "mail." Letters carried by individuals or private carriers such as DHL, UPS, or Federal Express, for example, are not considered to be mail, even if they are stamped, and thus are subject to a border search as provided in this policy."

So they say they won't (under this policy, anyway) search something in the mail, if you mail it across the border. But they may still search it if you carry it across, even if it stamped and addressed.

Posted by: Edward Hasbrouck | Aug 1, 2008 4:28:44 PM

Actually, you are wrong. The statute refers only to correspondence (written letters). If anything else is in the first class envelope, it can be searched. This was reaffirmed by the Supreme Court in US vs. Ramsey in 1977. http://supreme.justia.com/us/431/606/

Posted by: lelitsch | Aug 1, 2008 5:11:06 PM

pedja_portugalac
August 6th, 2008, 03:34 AM
You guys make fun of it but it's not funny at all! I am OK with that new policies but the question is on witch bases and how someone could turn suspect of such activities? After 11 September, here in European Union we have very strict policies and borders are controlled like before. Searching for f'n terrorists they cough sometimes youngs with some f'n joints they bring for vacation, and list of prohibited thinks go ahead. Ones I've seen, at Geneva airport, Lady with full of expensive cosmetics crying and putting all that brand new staff into garbage. Not even baby milk you can bring with you on a plane. And when I think about the time people were smoking on a plane, cockpit door were wide open. Hm, we all know who's terrorising our planet but sometimes it's just better for yourself to shut your mouth up.