Dept. of Homeland Security: Laptops, Phones Can Be Searched Based on Hunches

[Purveyor]

WASHINGTON (CBSDC/AP) — U.S. border agents should continue to be allowed to search a traveler’s laptop, cellphone or other electronic device and keep copies of any data on them based on no more than a hunch, according to an internal Homeland Security Department study. It contends limiting such searches would prevent the U.S. from detecting child pornographers or terrorists and expose the government to lawsuits.

The 23-page report, obtained by The Associated Press and the American Civil Liberties Union under the U.S. Freedom of Information Act, provides a rare glimpse of the Obama administration’s thinking on the long-standing but controversial practice of border agents and immigration officers searching and in some cases holding for weeks or months the digital devices of anyone trying to enter the U.S.

Since his election, President Barack Obama has taken an expansive view of legal authorities in the name of national security, asserting that he can order the deaths of U.S. citizens abroad who are suspected of terrorism without involvement by courts, investigate reporters as criminals and — in this case — read and copy the contents of computers carried by U.S. travelers without a good reason to suspect wrongdoing.

The DHS study, dated December 2011, said the border searches do not violate the First or Fourth amendments, which prohibit restrictions on speech and unreasonable searches and seizures. It specifically objected to a tougher standard in a 1986 government policy that allowed for only cursory review of a traveler’s documents.

MORE...

http://washington.cbslocal.com/2013/06/05/dept-of-homeland-security-laptops-phones-can-be-searched-based-on-hunches/

[woo me with science]

1. Had enough yet? nt

[appal_jack]

3. More than plenty, thanks.

When do we get to go back to a free Constitutional Republic?

-app

[DreamGypsy]

2. You've got to be kidding me...

...this doublespeak tripe comes from someone claiming to "secure the homeland":

“We do not believe that this 1986 approach, or a reasonable suspicion requirement in any other form, would improve current policy,” the report said. “Officers might hesitate to search an individual’s device without the presence of articulable factors capable of being formally defended, despite having an intuition or hunch based on experience that justified a search.” It added: “An on-the-spot perusal of electronic devices following the procedures established in 1986 could well result in a delay of days or weeks.”

We've come a long way, after that bad right turn, since the days of

Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,
I lift my lamp beside the golden door!"

[kath]

4. The hopey-changey thing is SOOOOOO not working for me.

Jeebus H. Christ on a Trailer Hitch.

[Kurovski]

13. Planting evidence is difficult, right?

I wonder how worried the TeaParty folks are now?

[pmorlan1]

6. Some Much Needed Transparency

This is more criminal behavior from our government.

[DallasNE]

7. I Don't Understand Court Rulings

That treat land lines differently than cell phones and printed documents differently than electronic documents. When the Bill of Rights was added to the Constitution there were neither land lines or cell phones so nobody can claim original intent. So why has this conservative Court made distinctions where none exist other than means of transportation. Of course DHS is going to try and push these court sanctioned limits as far as they can. It is the gutting of the Bill of Rights (except for the 2nd Amendment) by the Supreme Court that is the source of this problem.

[dmr]

8. I live in a Constitution Free Zone state

http://www.aclu.org/national-security_technology-and-liberty/are-you-living-constitution-free-zone

Using data provided by the U.S. Census Bureau, the ACLU has determined that nearly 2/3 of the entire US population (197.4 million people) live within 100 miles of the US land and coastal borders.

The government is assuming extraordinary powers to stop and search individuals within this zone. This is not just about the border: This " Constitution-Free Zone" includes most of the nation's largest metropolitan areas.

[Kurovski]

14. Me too, i think I'll move to a fracking zone.

This too shall pass. Right?

Right?

[Fire Walk With Me]

9. Smash the surveillance state!

[OnyxCollie]

10. "... detecting child pornographers or terrorists"

Or copyright violators.

We must take a cheek swab of your DNA now.

[msongs]

11. We should call the white house and tell george to knock it off nt

[Kurovski]

15. LOL

Oh dearie me-oh-my.

[woo me with science]

16. It's in the Constitution, you know.

No unreasonable searches or seizures, "unless there's a hunch."