Saturday, February 9th 2008

Civil Liberties Groups Sue Over Electronics Searches

Two civil liberties groups have filed a lawsuit in a federal court in California in response to complaints from travelers of excessive screenings at border-entry points, including inspections of the data on laptops, cell phones and other electronic devices. The lawsuit was filed in U.S. District Court in San Francisco by the Asian Law Caucus (ALC) and the Electronic Frontier Foundation (EFF). In the legal filing, the two groups ask the court to order the U.S. Department of Homeland Security's Customs and Border Protection (CBP) division to release records relating to its policies and procedures on the "questioning, search and inspection" of travelers entering or returning to the U.S. at various ports of entry. The ALC and the EFF, which are both based in San Francisco, said in a joint statement that they filed the suit under the Freedom of Information Act after the DHS didn't respond to a FOIA request the two groups submitted last October. They added that they had requested the information from the DHS in response to increasing allegations of "excessive or repeated" screenings by CBP agents.

For instance, the ALC received more than 20 complaints over the past year from individuals who said they had been "grilled about their families, religious practices, volunteer activities, political beliefs, or associations" when returning to the U.S. from trips overseas, according to the statement.

Some of the people also claimed that CBP staffers inspected and sometimes copied the contents of their laptop files and cell phone directories without providing any reason for doing so, the ALC and the EFF said. The groups are seeking the information about the screening policies so they can assess whether they should take any legal or legislative actions to try to force the CBP to change its procedures.

DHS officials referred an inquiry seeking comment about the lawsuit and the earlier FOIA request to the CBP's press office, which didn't immediately return a phone call placed late in the afternoon Eastern time.

In an interview, Shirin Sinnar, a staff attorney at the ALC, said that in all the cases of electronic devices being inspected that the group knows of, the searches appear to have been done with little obvious cause and very little explanation from the CBP.

"In one case, an individual told us his computer was taken for about 45 minutes," Sinnar said. "They told him that was how long it took to download the files from his computer." Some people complained about CBP agents looking at their browser caches to see which Web sites they had visited recently, she added. Others said they weren't told what information, if any, was being copied and for what purpose.

One of the people who complained to the ALC was Kamran Habib, a software engineer who lives in San Jose and works for a technology vendor that he asked not be identified. Habib said he had been subject to such searches on three occasions last year. Two of the searches took place in the space of two weeks, when Habib was re-entering the U.S. from Canada after separate business trips.

On all three occasions, Habib said, CBP officials took his laptop and didn't return it until the screening was completed -- a process that typically took about two hours. "They haven't informed me what they did [with the laptop], so I really don't know," he said.

He added that when he asked why his computer was being inspected, CBP officials told him it was because they wanted to make sure the laptop didn't have any pirated content on it. Now, Habib said, he clears all of the personal information from his laptop before traveling outside of the U.S.
Source: PC World
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6 Comments on Civil Liberties Groups Sue Over Electronics Searches

#1
ChillyMyst
u know if its found they have copyed work product from systems such as a software or design firm that is illegal, they have to have a warrent to beable to do that, and its hard to get that warrent when your against a large company with good lawers.

personaly if i was in the situation of being treated like that every time i travil i would get a lawer and sue for descrimination, you know full well that white people arent being treated like this very offten if at all......
Posted on Reply
#2
tdamocles
ChillyMystu know if its found they have copyed work product from systems such as a software or design firm that is illegal, they have to have a warrent to beable to do that, and its hard to get that warrent when your against a large company with good lawers.

personaly if i was in the situation of being treated like that every time i travil i would get a lawer and sue for descrimination, you know full well that white people arent being treated like this very offten if at all......
What does pirated software have to do with 'Department of Homeland Security's Customs and Border Protection' anyway?..... Lame excuse.....
Posted on Reply
#3
Unregistered
Must be lucrative been a lawyer in the us,someones always suing someone else.
#4
Kreij
Senior Monkey Moderator
The legal system in the US is a good one. The ability for anyone to sue is there to protect everyone from being hosed. The problem is that the system is abused by people who see the ability to make a quick buck from companies with deep pockets. There are far to many frivilous law suits, and they clog up the court system for the people who have an honest case against someone.

In this case, the inspection of laptops and the data they contain IS a concern of the DHS. They really do not want someone with plans on how to enact terrorism bringing the information into the US. The problem is that even if they copy the data and return the laptop, the time it would take them to break into highly encrypted information would be so long as to be useless.

The whole idea of copying laptop data is kind of worthless, as even if a person had something that was suspect they could have sent it into the country over the internet already.

Are they downloading information from PDAs? You can keep quite a bit of information on PDAs and cell phones these days. Not to mention memory sticks and the like.

I want to see everyone, in every country, safe from terrorism, but these seems a bit over the top.

Oh yeah, and cigarette lighters are ok on planes again in the US. DUH. That was one of the dumbest rules yet.
All because of the "ShoeBomber".
Posted on Reply
#5
Unregistered
That shoebomber was an english idiot,i'm glad he got caught in the us.i hope he's gone to guantanimo the fucking moron.

I understand what your saying about the suing thing,but i thnk they should stop people been able to sue people for dumb things,i understand suing buisnesses but,some of the ones i seen were its a person suing another person are just dumb.

I think maybe in 10 or 20yrs when the legal system in the us has matured a bit more,it will be a lot better.The uk legal system has been in place for hundreds of years nearly.
Posted on Edit | Reply
#6
Kreij
Senior Monkey Moderator
There are laws in the US that require the person who is sueing to have sufficient grounds in order for the suit to proceed. The problem is that this too eats up court time.

There are some other problems that have no clear solution also. For instance ..

I was on jury duty (a requirement of US citizens) and a woman who got a traffic ticket for failing to use her turn signal took the case to a jury court (that is her right).

In order for her to bring her case before a jury of six people, it cost her $36.
For the county to prosecute the case it cost them about $1000 (judge, jury, baliffs, etc.)

She lost the case and had to pay the $130 ticket. So her total cost was about $170.
The taxpayers had to foot the $1000.

One could say that if you lose a case, that you should have to reimburse the courts for their costs. This, however, is problematic in that it would prevent someone who had a real issue from sueing because in the event of loss it could bankrupt them.

Not easy to figure out. But I got a free lunch while on Jury duty ;)
Posted on Reply
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