We'll take that, even if you do mind.
It become more and more evident every day that our rights to privacy don't extend quite as far as they once seemed to.
Recently, there was some debate about whether it was legal for customs officials or TSA to demand you show them what's on your laptop, PDA or cell phone. The general consensus of the discussions I saw was "It shouldn't be."
Well, that question has been answered definitively by new DHS procedures.
US Border Agency Says It Can Seize Laptops
Travelers beware: U.S. agents now have the authority to seize and retain laptops indefinitely, according to a new policy detailed in documents issued by the U.S. Department of Homeland Security.
As part of border search policy, government agents are now authorized to seize electronic devices and inspect documents in them, the document states. The electronic devices might include laptops, cell phones, portable music players or storage devices such as portable hard drives.
Agents with U.S. Customs and Border Protection will also be allowed to translate and share documents with other government agencies.
So there it is, in black and white. Your electronic devices can be taken away from you for not reason whatsoever when you travel.
I don't have as much a problem with the ability for TSA to confiscate and investigate electronic devices as I do with the blatant lack of need for probable cause. The fact that they can hold on to them for over two weeks (because they have to wait for an expert to explain to them what they're looking at) is just an extra kick in the groin.
That, of course almost pales in comparison to what recently happened in Frederick, Maryland...
FBI seizes library computers
The FBI removed computer records from the C. Burr Artz Library this week, a library official confirmed Saturday.
Darrell Batson, director of Frederick County Public Libraries, said two FBI employees came to the downtown Frederick library either Wednesday or Thursday. The agents removed two public computers from the library's second floor. They told him they were taking the units back to their office in Washington, D.C., Batson said.
The kicker here is that the FBI Agents didn't have any sort of warrant. They had a National Security Letter and some nice words for Mr. Batson.
Apparently that's all it takes for the government to get their hands on library records these days.
I have to seriously question either the veracity of Baston's description of the discussion he had with the Agents or his judgment. Based on my understanding of NSLs, they don't quite cover what was done in this case. In fact, they don't quite cover anything. You are not required to obey them as they are not documents with any actual authority. They're more like pleasant requests.
Pleasant requests to trample on your rights.
And any time you're going to try to trample on my rights--or the rights of anyone (or anything) under my watch, you sure as hell better be packing something with more bang than an NSL. Show me a valid warrant and I'll (grudgingly) turn over what you're asking for, nine times out of ten. Anything less than that? Don't count on it.
Christopher Dawson, over at ZDNet's Education blog, seems to have a bit of discussion going on regarding this topic. Why not pop over there and see what tech pros are saying when asked "Would you give the Feds your computers?"
Again I say, we are in deep trouble, my friends. Our rights have been trampled so badly, so often and we've been filled with so much fear that we don't even know when the line gets crossed anymore. Even worse, it seems we don't even know what to do about it when we think it has.
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