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post #1 of 16 (permalink) Old 04-20-2010, 06:09 PM Thread Starter
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Constitution free zones?

By THE WASHINGTON TIMES
Federal security workers are now free to snoop through more than just your undergarments and luggage at the airport. Thanks to a recent series of federal court decisions, the digital belongings of international fliers are now open for inspection. This includes reading the saved e-mails on your laptop, scanning the address book on your iPhone or BlackBerry and closely scrutinizing your digital vacation snapshots.
Unlike the more common confiscations of dangerous Evian bottles and fingernail clippers, these searches are not being done in the name of safety. The digital seizures instead are part of a disturbing trend of federal agencies using legal gimmicks to sidestep Fourth Amendment constitutional protections. This became clear in an April 8 court ruling that found admissible the evidence obtained by officials who had peeped at a passenger's laptop files at George Bush Intercontinental Airport in Houston.
According to court documents, FBI agents had identified an individual suspected of downloading child pornography on an Internet chat room. The G-men, however, did not want to take their evidence before a judge to obtain a search warrant, as the Constitution requires. Instead, they flagged the suspect's passport and asked officials at the Department of Homeland Security to seize and search his computer at the airport - without a warrant. Three incriminating images were found during the examination, but this case is not about whether a particular person is a scumbag. It's about abusing a principle that applies to all Americans.
U.S. District Judge Gray H. Miller found in this case that neither probable cause, justification nor warrant were required to seize and examine the suspect's laptop. Judge Miller, in accord with a 9th Circuit appellate ruling handed down two years ago, explained that "the court finds that reviewing the files of a computer does not rise to the level of invasion of the privacy and dignity of the individual to make the search non-routine."
In other words, simply because a U.S. citizen is returning from a foreign country by airplane, the government thinks it is a "routine" matter to download sensitive business documents, personal correspondence and any other information that might be saved on a laptop or cell phone, regardless of whether there is any reason to suspect the traveler of a crime.
The danger of this chain of reasoning is magnified by the courts' expansive definition of "border," which now includes checkpoints operating up to 100 miles from Canada or Mexico. Those traveling on the highway between Los Angeles and Phoenix, for example, may find themselves stopped by Department of Homeland Security officers who, literally, ask travelers to show their papers. Drug dogs also can be brought in to search vehicles without probable cause.
The Fourth Amendment guarantees the right of Americans to be "secure in their persons, houses, papers and effects" from unreasonable and unwarranted government intrusion. It is obvious that this right is meant to apply equally to papers that happen to be stored in digital form on a personal hard drive. Such protections do not disappear merely because one happens to be at a real - or imaginary - border.
Because the courts have been derelict in their duty to uphold this fundamental right, it is up to Congress to prohibit the thinly veiled attempts to create Constitution-free zones where Americans find their privacy invaded.

http://www.washingtontimes.com/news/...d-your-itunes/

And yes, I checked snopes and factcheck before I posted, I found nothing on this

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post #2 of 16 (permalink) Old 04-20-2010, 07:11 PM
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Re: Constitution free zones?

Say hello to big brother.....

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post #3 of 16 (permalink) Old 04-20-2010, 07:25 PM
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Re: Constitution free zones?

Thank you W!

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post #4 of 16 (permalink) Old 04-20-2010, 08:22 PM Thread Starter
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Re: Constitution free zones?

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Originally Posted by PsRumors View Post
Thank you W!
I'm sure that this goes back to the Patriot act, I remember something about the sunset clause and that has been removed just recently, I haven't had time to look into if it is true or not. If the sunset clause has been removed, good luck ever getting rid of the patriot act.

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post #5 of 16 (permalink) Old 04-21-2010, 04:31 PM
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Re: Constitution free zones?

Funny... I didn't see anything in the judge's decision that said the government can "download sensitive business documents, personal correspondence and any other information that might be saved on a laptop or cell phone, regardless of whether there is any reason to suspect the traveler of a crime." Only that they can review electronics for suspected wrong doing. Which I don't think is right, but is a longways from what was "simplified."

If you don't want to worry about the man seeing your kiddy porn, you should just encrypt your harddrive or password protect your computer. When I have to travel the work computer is always encrypted and I set my personal computer up on a password. Nothing says you have to provide assistance to the search

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post #6 of 16 (permalink) Old 04-21-2010, 04:44 PM Thread Starter
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Re: Constitution free zones?

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Funny... I didn't see anything in the judge's decision that said the government can "download sensitive business documents, personal correspondence and any other information that might be saved on a laptop or cell phone, regardless of whether there is any reason to suspect the traveler of a crime." Only that they can review electronics for suspected wrong doing. Which I don't think is right, but is a longways from what was "simplified."

If you don't want to worry about the man seeing your kiddy porn, you should just encrypt your harddrive or password protect your computer. When I have to travel the work computer is always encrypted and I set my personal computer up on a password. Nothing says you have to provide assistance to the search

Sam
Glad to know I'm into kiddy porn, talk about people trying to label others, or is that why you have yours password protected and encrypted? It will take some computer guru about as much time to get past your password and encryption as it does for your computer to load when you sign in.

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post #7 of 16 (permalink) Old 04-21-2010, 05:17 PM
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Re: Constitution free zones?

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Glad to know I'm into kiddy porn, talk about people trying to label others, or is that why you have yours password protected and encrypted? It will take some computer guru about as much time to get past your password and encryption as it does for your computer to load when you sign in.
I cannot edit my post - but that comment was not directed at you. It was meant for the idiot who got caught with the kiddy porn.

And it would take quite a bit of time to crack the encryption, yes it can be done. But not by your average hacker. As far as my password, that is to protect my personal banking information should I ever walk off and leave my laptop in a bar or if stolen from my house. Just me taking precautions - same reason I am investing in fire arms...

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post #8 of 16 (permalink) Old 04-21-2010, 05:25 PM Thread Starter
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Re: Constitution free zones?

They want to search to make sure a laptop isn't a bomb by x-raying it, fine. What is the purpose of looking at files on a computer, emails, who your contacts are in your cell phone. Maybe you forgot the innocent until proven guilty part of our laws in this country?

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post #9 of 16 (permalink) Old 04-21-2010, 09:17 PM
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Re: Constitution free zones?

The point is they are violating your constitutional rights by not getting a warrant. Encryption and passwords are irrelevant.

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post #10 of 16 (permalink) Old 04-21-2010, 09:22 PM Thread Starter
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Re: Constitution free zones?

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The point is they are violating your constitutional rights by not getting a warrant. Encryption and passwords are irrelevant.
Exactly

Entrepreneurs and their small enterprises are responsible for almost all the economic growth in the United States.
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