EFF, ALC sue Homeland Security over laptop, gadget searches

The EFF sure has set it sights high with its latest lawsuit, with it now teaming up with the Asian Law Caucus (ALC) to sue the Department of Homeland Security over laptop and gadget searches and other alleged infringements of civil liberties at U.S. borders. Specifically, the two groups are asking for the DHS to disclose its policies on questioning travelers on First Amendment-protected activities, including the photocopying of individuals' papers, and the searching of laptops and other electronic devices. According to the EFF, that rather drastic move was prompted by the DHS's failure to meet a 20-day time limit Congress had set for responding to public information requests. Needless to say, the DHS itself doesn't seem to have a whole lot to say on the matter at the moment, and we're guessing that situation won't be changing anytime soon.

[Via The Register, image courtesy of WhiteHouse.gov]

[Bevon Findley @ Feb 8th 2008 3:47PM]

sue away, bout time. i heard stories of them messing up peeps laptops

[Russell @ Feb 8th 2008 4:05PM]

1. Generate long, random key. Don't memorize it.

2. scp (or any other secure transfer method) key to your destination.

3. Encrypt anything you don't want DHS to see.

4. Securely delete every copy of the key on your computer or otherwise on your person when crossing the border.

Still, glad to see the EFF is getting on this. I'm all for border security, but the process needs to be transparent, not to mention constitutional.

[potato @ Feb 8th 2008 5:10PM]

Russell: Haven't you heard? Hiding anything is CLEARLY proof that you're guilty of being a dirty terrorist, at least nowadays.

[Kamokazi @ Feb 8th 2008 4:20PM]

@Russell

5) Get detained by an incompetent DHS officer because they will never believe/comprehend that you can't access files on your own laptop.

[paul34 @ Feb 8th 2008 6:40PM]

Looks like Engadget (or maybe the story they based off) missed a few points.

Such as:
* Border agents COPYING the contents of your hard drive onto their own systems!
* Agents seizing laptops and never returning them, even a year later - after saying it would "only" be 10-15 days
* Agents seizing cell phones and deleting contacts and call logs
* Agents otherwise corrupting and deleting data on electronic devices including laptops to either cover their tracks or to just screw with you

These are all ridiculous. Considering I am a single male with brown skin color, and under 25, it is likely that if I ever carried these devices back from an international trip, I'd be targeted for a "random search" and have my data seized and corrupted.

Hell no. I am American and refuse to allow anyone to destroy my country like this. True, to a large extent, I have no choice - just look at the decisions that have been made over the past decade, especially the past few years - but this is just flat out horrible.

I will be encrypting data, or maybe just keeping a copy of DBAN handy.

"May I see your data?"

"Yup... whoops! DBAN looks like it was running this whole time!"

"Huh? What is that? Is that like AOL?"

"Yup."

[Fall-Apart @ Feb 8th 2008 4:03PM]

In other, unrelated news, EFF, ALC's headquarters stormed by FBI claiming credible terrorist threat tip.

[skulldriveshaft @ Feb 8th 2008 7:19PM]

and of course being sued forever by multiple bar associations and judges across the country.

[MikeM @ Feb 8th 2008 4:06PM]

You've gotta love the Patriot Act and the other unconstitutional laws our government has passed that lets them do this. Or should I say unconstitutional the apathetic majority public LET our government pass. A government for the people my a**.

[trevor @ Feb 8th 2008 4:06PM]

My guess is they won't have much to say at all, at least until January of next year.

Even if McCain lands the presidency, he seems like the kind of conservative who values how his own country's citizens are treated at the borders. I'm sick of the return trip being the most difficult part of international travel.

[Kamokazi @ Feb 8th 2008 4:24PM]

Totally agree with you.

I couldn't even bring bottled water I bought IN THE TERMINAL past the two levels of Hong Kong airport security on the return flight with me.

[SteveMB @ Feb 9th 2008 1:40AM]

I think you have it wrong. McCain isn't a conservative. He's far too liberal.

[trevor @ Feb 9th 2008 3:11AM]

Well hey, if that's the exclusive term for someone "who values how his own country's citizens are treated," then liberals FTW.

The "not a warmonger = not a conservative" argument baffles me. It paints conservatives as religious fanatics (Huckabee's supporters) who justify war as a tool for profit and the proliferation of their own worldview (Romney's supporters--and no, that wasn't a Mormon reference). Isn't that the definition of a terrorist? Can't a conservative be fiscally and morally reserved, and value human life to boot?

Baffling. There's no other word for it.

...the way the DHS searches laptops at airports. (

[Mtirv @ Feb 8th 2008 4:10PM]

This should be an easy victory in court, assuming some people know what the fourth amendment is (because the Executive Branch clearly does not).

[morcheeba @ Feb 8th 2008 4:28PM]

Did you watch Independence Day?! If you've got a laptop, it might carry a virus that will blow up the mothership! For the safety of air travel, we've got to make sure every laptop is virus-free.

[Brassen @ Feb 8th 2008 6:25PM]

Priceless!

[spacegravity4me @ Feb 8th 2008 4:10PM]

Hear Hear! Take em down!

[Mike @ Feb 8th 2008 4:17PM]

http://www.truecrypt.org/

[Fred @ Feb 8th 2008 4:26PM]

I agree that it is totally unfair of them to do this, and while you shouldn't have to, maybe you should ship your stuff to your destination? Fedex the laptop, and pick it up at the hotel, or whatever. Cell phones I don't understand though. Why would they care? I guess they need to make sure Osama isn't in your "Five"?

[DogEars @ Feb 8th 2008 4:42PM]

You would trust FedEx with your laptop?

[Fred @ Feb 8th 2008 4:59PM]

More than the DHS

[Anubiz @ Feb 8th 2008 6:35PM]

Use FedEx to send my laptop? I don't think so!! They already lost my Dreamcast. God forbid I give them the opportunity to lose something I actually use.

[Fred @ Feb 8th 2008 6:44PM]

Dude, I'm not f'ing schilling Fedex there's other ways to ship shit around. Way to miss the point guys.

[Flashpoint @ Feb 8th 2008 4:47PM]

Amazing how The Bush Administration has expanded the size, role and power of the government while America slept. I don't see any difference between the DHS and the SS under Hitler. Come to think of it, "Terrorists" has been used in the exact manner "jews" were used to scare citizens into accepting their overwatch lords.

[Fred @ Feb 8th 2008 5:02PM]

I think you might be reaching a little there friend. I'm all for vigilance, but these kind of hysterics are uncalled for. We are not Nazi Germany, and I'm getting a little tired of hearing this drivel from the mouths of people who understand neither current events or the events of WWII. I am not a supporter of "Dubya" but I am not so simple minded as to buy into the liberal talking points either.

[Fred @ Feb 8th 2008 6:33PM]

Dude, I'm not saying that there's nothing at all going on, I'm just saying that comparing our current administration to the Nazis is f'ing ignorant. I realize that there are people in our government who do bad things, but what you're saying is the same as saying that we're the same as the Nazis because we make orange juice the same way. There are certain things that ALL governments do. I''m not saying that the Government isn't stepping on our rights, but I think that we're a ways off from loading up the trains and firing up the ovens.

[skulldriveshaft @ Feb 8th 2008 7:15PM]

I agree, we're pretty damn close to Nazi.

I pray/meditate/sacrifice whichever entity running the big show doesn't shit on us and flush us down the toilet.

[Mark @ Feb 8th 2008 7:40PM]

So, how do you apply Godwin's Law to blog replies?

[Rand @ Feb 8th 2008 5:53PM]

One would think cyber-savvy terrorists would be smart enough to stash the files in some backwater storage place online (encrypted of course) for retrieval at a random Starbucks at a latter time.

[Flashpoint @ Feb 8th 2008 6:12PM]

Well if you understand HISTORY at all, you'd know that the consolidation of power under a ruler is always done by

#1 creating a fear
#2 pledging to protect citzens from the fear
#3 expanding control over the citizens to perpetuate the belief that more control is neccessary.

SAME TACTICS...SAME RESULTS.

Ask those nameless Arabs in guantanamo bay what they are guilty of.

[Sean O @ Feb 8th 2008 5:47PM]

Just to correct the author. Protection of your personal papers is granted in the 4th amendment - not the 1st.

[Craig B. @ Feb 8th 2008 5:58PM]

I don't know Flash - I'm totally against this, but I think an SS DHS comparison is really pushing it a little bit. I know you don't like the administration, but your comments are tad extreme here. Also the Jews vs. terrorists comment is a bit of a reach - fundamentalists *have* detonated bombs at western targets (for whatever motivations you assign); Jews *have not* used the blood of Christian babies to leven their bread.

In any case, my point in posting was actually a question - I'm shocked they looked at the computer files. I wonder how much of this is the agent's departure from protocol vs. being encouraged to do this vs. DHS actually mandating it. I also see the lawsuit seeks answers to practices of photocopying documents, but I didn't see in the article that it was a filed complaint - anyone know if they actually photocopied papers, or was the ACLU just investigating whether DHS has policy on that?

[oddTodd @ Feb 8th 2008 6:02PM]

Except the 4th amendment doesn't count:
http://en.wikipedia.org/wiki/Border_search_exception

[Mtirv @ Feb 8th 2008 10:58PM]

Correct me if I'm wrong, but I thought the Constitution had more power than normal laws?

[oyo @ Aug 21st 2008 4:59AM]

Of course all laws passed by congress or any other state or local government entity can not violate the constitution. What is being referred to here is precedent and not actually laws, however. The cited precedents extend all the way back to the mid 70's ... I am pretty sure that GW was not in office then. Come to think of it there was a crappy example of a Democrat in office. That is not the point though.

The point is actually that there is no _real_ change in what is going on at the national borders other than the material objects involved (electronic devices) and the perceived diligence with which the rules are being applied. That and that there is a group of people commenting here that is probably not old enough to have been around during WWII or any other period of heightened conflict. I feel old saying that.

What these people spout instead of experience is anger and nonsense that have been passed on by someone else that is spewing nothing but anger and nonsense.

I would challenge anyone that has actually actually been stopped at the border and had something seized to speak. I have in case you were wondering. But this is only after having traveled across the US border a couple of hundred times. And it was before GW was in office. I can tell you that it is far, far more likely that you will be detained, searched and have "anything _they_ want" be confiscated at just about every other national border in the world.

Commenting on a forum like this is useless and not something I would normally even read but today after a long day and bad news crossing my desk I could not resist.

[Barry @ Feb 8th 2008 6:08PM]

I've been working at the DHS for a while, and I've been using the searches to steal all kind of intellectual property from business travelers. I just bring an 8GB thumb drive to work, borrow the suckers' laptops for a 'search' and then rifle through and copy any code or other sensitive documents to my thumb drive. If they have a security key, I tell them to give it up or else they don't get their laptop back. They always cough it up right away. I've made over ten grand selling their IP to their competitors! Makes up for the lousy government pay.

Ok, I made everything up, I don't work for DHS and I've never stolen IP. But I bet someone else does, and I bet they do this. Giving underpaid government employees access to sensitive data like this without any oversight is asking for trouble.

[poulan @ Feb 9th 2008 1:20PM]

The problem is that civil liberties is never on the election agenda here in the UK and I doubt in the US either. The election agenda is all about education, health, immigration, housing and transport. Yes these things are important but the problem is that we are for the most part apathetic sheep and allow our liberties to be removed in the 'interest' of 'saftey' or 'security' as flashpoint has commented on above. Unfortunately we have a culture or grin and bear it - maybe you Americans inherited it from us because people are either sheeps or if you actually care about an issue you are an anarchist here and there is no middle ground.

[PGP-Protector @ Feb 8th 2008 6:30PM]

Note to self
Copy all documents I want to keep hidden on a 32G SD Card with Truecrypt full drive encryption.

[Randomness @ Feb 8th 2008 7:44PM]

Make sure you use the hidden encrypted partition so you can give up the password to the 'empty' drive lollll.

[Jeff Lewis @ Feb 8th 2008 8:57PM]

The people suggesting the use of encryption are missing a couple of really, really important points.

First, you shouldn't HAVE to do that. The EFF's point is that the DHS's actions are a violation of your constitutional rights. Encrypting your files to protect yourself against your government is the digital equivalent of hiding in the basement with enough ammo to take out the neighbourhood. It's stupid and it doesn't solve the actual problem.

In case you missed it - YOU elect the government. Anyone can run for government. Stop electing stupid, evil people to office and this problem takes care of itself. It really is that simple.

Second, as someone has noted, the presence of encrypted files on your laptop is essentially an admission of guilt. It says 'I have something to hide' - which will simply prompt them to confiscate your laptop (illegally, I might add) and then subpoena you to give them the key. When you fail to do so, you'll be in jail on, at the very least, for not respecting the wishes of the court.

Again, this is a violation of your 5th amendment rights... but hey.

[Cal @ Feb 8th 2008 10:23PM]

what exactly are they searching for anyway? do they just type "bomb" into the windows search and see if anything comes up?

[paul34 @ Feb 8th 2008 11:04PM]

Yes, but the first search string is for "super secret plan to overthrow western governments, the US in particular for this plan which contains all details and names of all terrorist cell members.doc"

[Mo @ Feb 9th 2008 6:42AM]

2 of my friend had their laptop HD's copied my TSA and than they wiped their drive.

i dunno i would have went physical if it was my laptop

[Precision @ Feb 9th 2008 4:21PM]

Excuse me, question here, haven't been in the US for years now. but whats the likelihood they'd "steal" my laptop on arrival if i go on holiday there ? do they search through EVERY laptop and phone ? or is it, as mentioned somewhere above, a random selection "READ: people with a different skin color" ?

[Greg @ Feb 10th 2008 2:56AM]

Precision, I fly in and out of the U.S. a few times a year, as do many of my colleagues, and I haven't heard about anyone's computer being searched. On the other hand, the large multinational company I work for took the unusual step of warning all employees about the potential for having laptops searched or confiscated at the border, so apparently it happens.

[tanooki2003 @ Feb 11th 2008 12:05PM]

You know what's really sad is that i see each day that this country is becomming more and more communist, but it's all in the supposed good name of "war on terrorism"

This is total BS. THere is no way in hell DHS will have any access to my laptop data or copying of any of my documents AT ALL without a fight. The more I hear about things like this happening, the more I want to either move to Canada, Europe, or Asia.

[tanooki2003 @ Feb 11th 2008 12:06PM]

You know what's really sad is that i see each day that this country is becomming more and more communist, but it's all in the supposed good name of "war on terrorism"

This is total BS. THere is no way in hell DHS will have any access to my laptop data or copying of any of my documents AT ALL without a fight. The more I hear about things like this happening, the more I want to either move to Canada, Europe, or Asia.

[tanooki2003 @ Feb 11th 2008 12:07PM]

Sorry about the double posting. Gotta love it when your browser gets stuck refreshing a page.