Filed under: 1984, 4th amendment, 9/11, Airport Security, Big Brother, Canada, catastrophic event, cell phones, Checkpoints, Control Grid, DHS, Homeland Security, internet, internet police, Mexico, michael chertoff, nanny state, orwell, pedophilia, Police State, Problem Reaction Solution, Ron Paul, TSA, Uncategorized, US Constitution, war on drugs, War On Terror, warrantless search | Tags: data protection act, ipod, laptops
Homeland Security Can Steal Travelers’ Private Property
Laptops, Ipods, cell-phones, flash-drives, and even ’pocket litter’ can be confiscated by Homeland Security agents at the border without probable cause
Lee Rogers
Rogue Government
August 4, 2008
The Department of Homeland Security more popularly known as the Department of Homeland Enslavement has now come out and stated that they have the authority to confiscate people’s personal property including laptops, electronic devices and even paperwork at the border without any probable cause. They also claim that they can hold those items for an unspecified period of time. All of this they claim is justified under the guise of fighting terrorists. It doesn’t matter that thousands of illegal aliens are entering the country from Mexico unchecked. No, instead the Department of Homeland Security thinks its more effective stealing the property of U.S. citizens to keep us safe from terrorists. Any member of the Department of Homeland Security that takes the property of a U.S. citizen without a warrant should immediately be charged with theft. Of course, in this insane world we live in, that will never happen and the people who conduct this activity will probably be given some sort of freedom medal. This is just another case of the government taking a big dump on the Fourth Amendment which at this point is non-existent.
Before getting into the policies themselves, here is the text of the Fourth Amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The government cannot search and seize an individual’s property unless they obtain a court order that can only be issued based upon probable cause. Keep that in mind, as we analyze the Department of Homeland Security’s policies.
The following is taken from a Washington Post piece covering these policies:
Federal agents may take a traveler’s laptop or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed.
Also, officials may share copies of the laptop’s contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement.
This policy is obviously illegal as it is not in accordance with the Fourth Amendment of the Constitution. The Constitution is the supreme law of the land, which makes this policy null and void. What’s really insane, is that they claim they have the authority to share the data on these electronic devices with anyone they want for any specific purpose. It is bad enough that these clowns say that they can take laptops and electronic devices without any probable cause, but they also claim that they can take people’s papers including books, pamphlets and written materials. The insanity of this is unparalleled.
Also from the Washington Post report:
The policies cover “any device capable of storing information in digital or analog form,” including hard drives, flash drives, cell phones, iPods, pagers, beepers, and video and audio tapes. They also cover “all papers and other written documentation,” including books, pamphlets and “written materials commonly referred to as ’pocket trash’ or ’pocket litter.’ “
How can the Department of Homeland Security declare that they have these powers when it is clearly not in accordance with the Constitution? There needs to be an investigation into the criminals that drafted these policies. They should start the investigation at the very top with the Skeletor look-a-like Michael Chertoff who as head of the agency has willingly implemented all sorts of illegal policies and programs under the guise of this phony terror war.
Again from the Washington Post report:
Homeland Security Secretary Michael Chertoff wrote in an opinion piece published last month in USA Today that “the most dangerous contraband is often contained in laptop computers or other electronic devices.” Searches have uncovered “violent jihadist materials” as well as images of child pornography, he wrote.
Even if you believe Chertoff’s claims on contraband and believe the bogus terror war is real, it doesn’t warrant the Department Homeland Security going on fishing expeditions. Assuming the false reality of the terror war is real, one has to question’s Chertoff’s sanity considering that he is focusing more of the government’s resources on seizing people’s laptops and personal property with no probable cause than stopping illegal aliens entering the United States unchecked from Mexico. Wouldn’t it be more likely that a terrorist would try to come into the country undetected instead of going through border checkpoints? This is especially true, considering that there is militarized combat and drug trafficking taking place frequently on the U.S.-Mexico border. Of course, Chertoff doesn’t care about any of that.
The bottom line is that the terror war is not real and everything Chertoff is implementing is designed to enslave the American people. People are more likely to die in a car accident or in a swimming pool than from an act of terrorism. The Department of Homeland Security should be abolished and at the very least, Chertoff and his minions should find their way to unemployment lines. This policy of seizing people’s personal property is a clear violation of the Fourth Amendment, and the people who are responsible for drafting and implementing this policy need to be put in prison.
Be sure to check out these other articles analyzing this illegal search and seizure policy by the Department of Homeland Security.
Detroit Free Press: Leave My Laptop Alone
Information Week: All Your Laptops Belong To Us
LA Times: Feds Now Arrest Your Laptops At Border
Ron Paul sponsors ’Data Protection Act’: Border agents require “reasonable suspicion” to search or confiscate laptops
Fort Bend Now
August 7, 2008
Ron Paul has sponsored legislation designed to require border agents to have “reasonable suspicion” to search the digital equipment of a traveler entering the United States.
Paul said his legislation would force Department of Homeland Security agents to have at least reasonable suspicion that a person has engaged, or is about to engage, in criminal activity before they can search a traveler’s digital equipment. Currently, he pointed out, federal officers can search or seize a traveler’s laptop computer, Blackberry or other electronic device without cause.
That, Paul said, is unconstitutional.
http://www.news.com.au/travel/story/0,26058,24089084-5014090,00.html
Travelers Laptops May Be Stolen At Border
http://www.washingtonpost.com/wp-srv/content/article/2008/08/01/laptops.html
U.S. Agents Can Seize Laptops
http://www.eweek.com/c/a/Government/US-Agents-Can-Seize-Laptops/?kc=rss
TSA Proud Of Confisicating Non-Dangerous Item
http://www.schneier.com/blog/archives/2008/07/tsa_proud_of_co.html
http://features.csmonitor.com/innov..efends-laptop-searches-at-the-border/
Airport scans for illegal downloads on iPods, mobile phones and laptops
http://www.telegraph.co.uk/connected/ma..ed/2008/07/10/nairport110.xml
India: NSA to tap data traffic passing through Blackberry devices
http://www.thehindubusinessline.com/2008/07/13/stories/2008071350580500.htm
The right to peer inside your iPod
http://www.guardian.co.uk/technology/2008/jul/10/intellectualproperty.law
Filed under: 1984, Airport Security, apple, Australia, Big Brother, Control Grid, internet, internet police, nanny state, orwell, Police State, prison industrial complex, Surveillance, TSA, War On Terror | Tags: ipod, laptops
AU: Pirated music on Ipods could mean jail
MUSIC fans might soon have their iPods and laptops searched by Customs officers at airport checks and face jail if a large amount of pirated music is found on them.
News.com.au
July 28, 2008
The push for the unprecedented searches of travellers’ laptops and MP3 players has been revealed in a leaked discussion paper relating to a treaty being negotiated by the Federal Government.
It suggests criminal sanctions for infringements on a commercial scale.
That meant innocent pop and rock fans with huge song libraries could unwittingly be hit with jail for commercial piracy, according to Internet Industry Association chief executive Peter Coroneos.
“It talks about (sanctions for) commercial infringements does that mean one, 10, 20 or 1000 songs?
“It could be that people get sent to jail for being in possession of commercial-scale quantities of copied music.”
Travelers Laptops May Be Stolen At Border
http://www.washingtonpost.com/wp-srv/content/article/2008/08/01/laptops.html
U.S. Agents Can Seize Laptops
http://www.eweek.com/c/a/Government/US-Agents-Can-Seize-Laptops/?kc=rss
TSA Proud Of Confisicating Non-Dangerous Item
http://www.schneier.com/blog/archives/2008/07/tsa_proud_of_co.html
http://noworldsystem.com/20..crackdown-on-illegal-downloads/
Filed under: 1984, 1st amendment, 4th amendment, Airport Security, apple, army, Big Brother, Bloggers, Britain, Canada, cell phone, Control Grid, Europe, european union, free speech, google, hackers, India, internet, Internet 2, internet police, ISPs, Mi5, New York, NSA, Police State, Posse Comitatus, Surveillance, United Kingdom, US Constitution, viacom, War On Terror, Youtube | Tags: Department of Telecom, ipod, RIM
Big Brother database recording all our calls, texts and e-mails will ’ruin British way of life’
Daily Mail
July 16, 2008
Plans for a massive database snooping on the entire population were condemned yesterday as a ‘step too far for the British way of life’.
In an Orwellian move, the Home Office is proposing to detail every phone call, e-mail, text message, internet search and online purchase in the fight against terrorism and other serious crime.
But the privacy watchdog, Information Commissioner Richard Thomas, warned that the public’s traditional freedoms were under grave threat from creeping state surveillance.
Apart from the Government’s inability to hold data securely, he said the proposals raised ‘grave questions’.
‘Do the risks we face provide justification for such a scheme in the first place? Do we want the state to have details of more and more aspects of our private lives?
‘Whatever the benefits, would such a scheme amount to excessive surveillance? Would this be a step too far for the British way of life?’
It is thought the scheme would allow the police or MI5 to access the exact time when a phone call was made, the number dialled, the length of the call and, in the case of mobile phones, the location of the handset to within an accuracy of a few hundred yards.
Similarly for e-mails, it would provide details of when they were sent and who the recipients were. Police recovering a suspect’s computer would then be able to trawl through hard-drive records and recover particular messages. The content of telephone calls could not be recovered unless they were being intercepted at the time.
Mr Thomas’s warnings were backed by privacy campaigners, who claimed such Big Brother powers would give Government agencies unprecedented abilities to trawl through intimate details of ordinary people’s private lives at will.
He used the launch of his annual report to speak out after ministers signalled their intentions in their programme of legislation earlier this year, describing the new Bill as ‘modifying procedures for acquiring communications data’.
There are fears that the data will be shared with foreign governments – such as the Americans demanding personal details of air passengers – accessed by internet hackers or lost by bungling civil servants.
Opponents pointed out that town halls are already using extraordinary surveillance powers under the controversial Regulation of Investigatory Powers Act to investigate minor issues such as littering, or checking whether parents are abusing school catchment area rules, and they could be given access to almost unthinkable levels of personal data under the new scheme.
Currently police and MI5 can access customer records stored by telephone companies, but only with a warrant to examine individual accounts.
Mr Thomas said: ‘I am absolutely clear that the targeted and duly-authorised interception of the communications of suspects can be invaluable in the fight against terrorism and other serious crime.
‘But there needs to be the fullest public debate about the justification for, and implications of, a specially created database – potentially accessible to a wide range of law enforcement authorities – holding details of everyone’s telephone and internet communications.
’Do we really want the police, security services and other organs of the state to have access to more and more aspects of our private lives?’
Opposition MPs said the Government’s dismal records on safeguarding private data – most notably the loss of the entire child benefit database holding millions of people’s financial details – showed it was incapable of safeguarding such a vast volume of information safely, and the scheme should be dropped immediately.
An estimated 3billion emails are sent in Britain every day and last year 57billion text messages were sent.
The Home Office yesterday defended the need to keep its surveillance powers up to date with changing internet technology, and said full details of the plans would be published this year as part of a new Communications Data Bill.
Officials said the internet was rapidly revolutionising communications and it was vital for surveillance powers to keep up with technology in order to fight serious crime and terrorism.
India: NSA to tap data traffic passing through Blackberry devices
Business Line
July 13, 2008
New Delhi, July 12 – In a bid to find a solution to the security concerns around Blackberry services, the National Security Adviser is now supervising a discussion between National Test Research Organisation, under the Home Ministry, Department of Telecom and Canada-based Research In Motion.
The discussions are being held to find a spot on RIM’s network where the data traffic passing through Blackberry could be intercepted by security agencies.
The agencies had earlier rejected any temporary solution to the Blackberry controversy and told the Government that it must make sure that traffic originating and terminating on the device should not travel outside the country without proper monitoring.
DoT was considering deploying certain software that would allow the security agencies to snoop into Blackberry network without having to break into the service codes.
Blackberry handsets are designed by Research In Motion and uses high encryption code, making it impossible for the Indian agencies to monitor data being transmitted by users.
The DoT had earlier asked the company to set up a local server in the country which would allow the security forces to snoop into the network. However, Research In Motion said that it was not possible to give decryption codes or set up a local data centre in the country.
The DoT had earlier asked RIM to give its codes to Indian security agencies that will enable them to monitor the data being transmitted through Blackberry. The key problem was that Indian agencies do not have the required technology to monitor data that has encryption codes higher than 40 bits.
On the issue of setting up a local data centre within the country, RIM had said that Blackberry was designed to perform as a global system independent of geography. “The location of data centres and the customer’s choice of wireless network are irrelevant factors from a security perspective since end-to-end encryption is utilised,” RIM had said.
http://www.nytimes.com/2008/0..er=MYWAY&pagewanted=print
YouTube, Viacom Agree To Anonymize Data
http://news.yahoo.com/s/ap/20..hxV5G7yprV84FDlzM55TmZk24cA
Canadian ISPs Plan Net Censorship
http://www.americanfreepress.net/html/canada_net_censorship.html
Airport scans for illegal downloads on iPods, mobile phones and laptops
http://www.telegraph.co.uk/conn..nected/2008/07/10/nairport110.xml
Army Forms Network Warfare Batallion
http://www.strategypage.com/htmw/htiw/articles/20080712.aspx