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Travelers' Privacy Protection Act of 2008


zanemay

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Restoring your Civil Rights at your border...

 

Now there is a reason to write to your legislator, Congressman, Senator, MP, etc. There is a real move in the US Congress to protect us from the search and seizure of electronic data. Movement in one country can lead to movement in others.

 

I assume that the USA is the most vicious at disregarding our civil rights as we come through Customs. Under the Bush administration, our rights were tossed and if we had been to Thailand or Cambodia, it was "game on" for Customs. They broke open your luggage and looked at every bit of your electronics, and would help themselves to your hard drive if they were in the mood. No Probable Cause whatsoever was needed for doing things like taking and keeping your laptop indefinitely, copying your data, hard drive, photos, and every personal and business file you carried. I got the impression that because my PP was stamped from several visa runs to Cambodia, that they wanted to put me in jail. If they couldn't do that, they would settle for making degrading implications.

 

Under the guise of Homeland Security they were shaking us down for child pornography. The prevailing attitude seemed to be that "we're going after pedophiles and we don't care who we abuse in the process." I know that uniformed agents will turn into goons and bullies and worse when given a little self-righteous boost, so I was fully cooperative. Anyway I have never made or possessed a file that could be called criminal as I avoid drugs and girls under twenty. I carried nothing but the most innocuous photos and files and I wiped my Palm Pilot to protect info about my friends and business associates.

 

As far as I know the program is still going on. When I came through Customs a month ago at SFO they didn't pull me aside, but only because they were occupied with a bearded fellow I had met coming from BKK. I am hoping that under the Obama administration these arbitrary searches will be eliminated. It really feels weird to be stripped of the Civil Rights you have always lived with. It is all well and good to commend the "troops fighting for our freedom," but without legal protections at home we won't have it anyway.

 

On Sept 26, 2008 a legislative Bill was introduced to limit this. "Sen. Russ Feingold (D-WI) has introduced in Congress the Travelers' Privacy Protection Act of 2008 to ensure that American citizens and legal residents returning to the US from overseas are not subject to invasive searches of their laptops or other electronic devices without any suspicion of wrongdoing." Probable Cause would be required to allow seizure of equipment. It is cited in many places online, but the following comes from ACLU Northern California:

 

"Travelersâ?? Privacy Protection Act

 

Introduced

 

We have blogged about the invasive new border search policies that allow copying of books, documents and data, as well as intrusive questioning, all without probable cause and in conflict with decades of legal precedents.

 

The Travelersâ?? Privacy Protection Act restores privacy protections, while still enabling federal border agents to retain foreign intelligence information by obtaining a warrant.

 

Senator Russ Feingold (D-WI) introduced S. 3612, with Senators Daniel Akaka (D-HI), Maria Cantwell (D-WA) and Ron Wyden (D-OR) signing on as original cosponsors, while Representative Adam Smith (D-WA) introduced H.R. 7118.

 

â??The Bush administration has sought to undo over twenty years of legal protections by searching personal electronics without probable cause,â? said Caroline Fredrickson, director of the ACLU Washington Legislative Office. â??We applaud the introduction of this legislation and call on Congress to act quickly on this crucial issue for travelers. In todayâ??s world, laptops, cell phones and digital cameras are the storehouses for our most personal information. We cannot allow our privacy to be breached under the guise of border security.â?Â

 

â??Congress cannot allow DHS and CBP to turn our borders into Constitution-free zones,â? added Timothy Sparapani, ACLU Senior Legislative Counsel. â??Americans have the constitutional right to privacy, and that includes the sensitive and personal information we keep on electronic devices."

 

Other Links:

 

http://www.govtrack.us/congress/bill.xpd?bill=s110-3612

http://blslibraryblog.blogspot.com/2008/09/travelers-privacy-protection-act.html

 

 

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As far as I am concened Big Brother is watching me every moment. Listing to all my calls. Reading every email.

 

Yes, I may approach paranoia. But just look at all the cameras everywhere. Whether it is Homeland Security or MI5 or Interpole. Someone is watching.

 

I have never taken a laptop to LOS - so I may be in for some new hassle upon return if ever I take one.

 

 

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I wonder if it will apply to just U.S. citizens or to anyone entering the U.S. I've only been searched for DVD's and agracultural products coming from Thailand. I hardly ever travel with my laptop.

 

The US border agents have the right to confiscate any electronic device which might store data for an unspecified length of time. Also they have the right to copy a hard disk and to encrypt its content. This has already happened several times to higher ranking business travelers from all over the world. These consfications don't have anything to do with the prevention of terrorist acts are search for pornographic images e.g..

 

Last year international media reported these confiscations. What was not really mentioned is the fact that the US is very strong in industrial espionage even against its closest allies and that CIA is working closely together with US companies. IMHO it is apparent and that the notebooks have been copied for this reason...

 

Anyway, travelers are neither being told how long their notebooks are being held nor what happens with the data copied and it seems that some non US companies know have the policy to travel to the US only with empty notebooks.

 

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