Author Topic: Probable cause not required for border laptop search  (Read 905 times)

Marnoot

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Probable cause not required for border laptop search
« on: January 25, 2014, 11:57:19 AM »
Judge rules that federal government can search a citizen's laptop when entering the country, no probable cause necessary. Apparently this ruling came down New Years Eve afternoon, but I didn't read about it until today.

The judge also upheld the 100-mile border 4th-amendment exclusion zone where you can be searched without probable cause.

All the more reason to travel with a wiped laptop using a Truecrypt hidden volume if you need particular data with you. Also one of those uncommon cases where I'm on the same side as the ACLU.

Some links:

http://www.foxnews.com/tech/2014/01/25/judge-laptop-ruling-challenges-constitution-and-your-privacy

http://www.washingtonpost.com/world/national-security/judge-upholds-search-of-passengers-laptops/2013/12/31/f5b39022-726a-11e3-8b3f-b1666705ca3b_story.html

http://rt.com/usa/court-upholds-laptop-border-searches-041/



Firethorn

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Re: Probable cause not required for border laptop search
« Reply #1 on: January 25, 2014, 12:22:21 PM »
Kick it up to the supreme court.  If they don't toss it down, move to the next box in the series.   [ar15]

Hawkmoon

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Re: Probable cause not required for border laptop search
« Reply #2 on: January 25, 2014, 12:44:33 PM »
Thank goodness we don't live in a police state!
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100% Politically Incorrect by Design

Marnoot

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Re: Probable cause not required for border laptop search
« Reply #3 on: January 27, 2014, 01:33:25 PM »
Kick it up to the supreme court.  If they don't toss it down, move to the next box in the series.   [ar15]

That's if the ACLU actually decides to appeal, last update I read they were "considering" it. Hopefully they keep pushing it.

RevDisk

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Re: Probable cause not required for border laptop search
« Reply #4 on: January 27, 2014, 01:45:03 PM »

Always travel with a sterile laptop. Keep your data OFF the laptop, even if it's TrueCrypt. WIPE SAID LAPTOP WHEN YOU RETURN.
"Rev, your picture is in my King James Bible, where Paul talks about "inventors of evil."  Yes, I know you'll take that as a compliment."  - Fistful, possibly highest compliment I've ever received.

Marnoot

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Re: Probable cause not required for border laptop search
« Reply #5 on: January 27, 2014, 02:14:13 PM »
Always travel with a sterile laptop. Keep your data OFF the laptop, even if it's TrueCrypt. WIPE SAID LAPTOP WHEN YOU RETURN.

Yeah, I guess the ideal would be to leave the data at home, travel with the wiped laptop, access said data through a secure VPN/etc. while away, then wipe again when returning.

On a related note, a quick search reveals that nobody has created has created a KillDisk type drive eraser named WetWipe, I am disappoint.

RevDisk

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Re: Probable cause not required for border laptop search
« Reply #6 on: January 27, 2014, 02:35:57 PM »
Yeah, I guess the ideal would be to leave the data at home, travel with the wiped laptop, access said data through a secure VPN/etc. while away, then wipe again when returning.

On a related note, a quick search reveals that nobody has created has created a KillDisk type drive eraser named WetWipe, I am disappoint.

Exactly what I do. I use ssh for personal stuff, VPN for corporate. I've made the above policy at every company I had policy level influence. Now, I'm not stating that the US or foreign governments can, do or will install malware on your mobile electronics. However, wiping them and reloading from scratch is very easy and not very time consuming if done in an organized manner. It's a generally good idea to do this every so often anyways, just as a good practice.

This is a hint, by the way. If need be, insert a wink wink nudge nudge here. Or a bloody giant flashy neon sign that'd make Las Vegas weep at its massive glory of gaudiness and attention seeking. Yes, even if you are one of those silly "But I have nothing to hide!" wankers. Often, you don't have to worry about the bullet with your name on it, but rather the ones signed "To Whom It May Concern".
"Rev, your picture is in my King James Bible, where Paul talks about "inventors of evil."  Yes, I know you'll take that as a compliment."  - Fistful, possibly highest compliment I've ever received.