Recommended short reading of the week:
http://www.cbp.gov/linkhandler/cgov/travel/admissability/search_authority.ctt/search_authority.pdf
It’s the Customs and Border Protection Policy Regarding Border Search of Information. Let me highlight some points for those of you too lazy to read 1,500 words:
1) “In the course of a border search, and absent individualized suspicion, officers can review and analyze the information transported by any individual attempting to enter, reenter, depart, pass through, or reside in the United States…”
2) “Officers may detain documents and electronic devices, or copies thereof, for a reasonable period of time to perform a thorough border search. The search may take place on-site or at an off-site location.”
3) “Officers may encounter information in documents or electronic devices that is in a foreign language and/or encrypted. To assist CBP in determining the meaning of such information, CBP may seek translation and/or decryption assistance from other Federal agencies or entities. Officers may seek such assistance absent individualized suspicion.”
4) (under “Responses and Time for Assistance”, and relevant to #3) Responses from assisting agencies are expected in an expeditious manner so that CBP may complete its border search in a reasonable period of time. Unless otherwise approved by the principal field official such as the Director, Field Operations or Chief Patrol Agent, responses should be received within fifteen (15) days. This timeframe is to be explained in the request for assistance. If the assisting agency is unable to respond in that period of time, CBP may permit extensions in increments of seven (7) days.
So, you put it all together and what do you get? Without any suspicion, any member of Customs and Border Protection can, without any negative repercussions, and you without any legal recourse:
1) Take your laptop from you and look at every file on it, even the boring ones, like your e-mails and personal letters.
2) Send it away to another location for “decryption/translation” (there is ALWAYS encrypted information on every computer, they’re called passwords - and how are they supposed to know that you’re not storing terrorist activities within your password hash, uh…somehow . Well, better safe than sorry, right?)
3) Ask another agency “for assistance” with said decryption/translation. Then hold onto your laptop for 15 + 7(x) days, where ‘x’ equals however many “extensions” CBP wants to “permit”.
Don’t forget, like it says at the beginning of the policy:
“For example, examinations of documents and electronic devices are a crucial tool for detecting information concerning terrorism, narcotics smuggling, and other national security matters; alien admissibility; contraband including child pornography, monetary instruments, and information in violation of copyright or trademark laws; and evidence of embargo violations or other import or export control laws.”
It’s good that they snuck that one in there. I hadn’t been aware it was their duty to see if I had a copy of an eBook on the laptop that I hadn’t legally paid for. Or to make sure that I owned all the CDs or had used a legal download service for all the MP3s on my computer. I’ll be sure to bring all my eBook, Sam Goody, Virgin Records, Blockbuster Music, Tower Records and iTunes receipts in the future.
And I better make sure to bring and be ready to show documentation to prove that all commercial software installed on my computer has been bought and paid for, now where did I put that receipt for Windows XP that I bought 5 years ago?
Of course, all those above measures are really unneccessary, if you don’t mind them having “individualized suspicion” and all the FUN that goes along with that!
And this is the best part, where the contrarians reading this say, “Well, I’ve got nothing to hide…” or “Only criminals will be hurt by this…”. And for those who have no issue (or perhaps enjoy) surrendering this right for no good reason, the best response was given ’bout 200 years ago:
It behooves every man who values liberty of conscience for himself, to resist invasions of it in the case of others: or their case may, by change of circumstances, become his own.
Thomas Jefferson
And of course, there is the rallying cry of us libertarians, especially in the last 6 years, 10 months:
Any society that would give up a little liberty to gain a little security will deserve neither and lose both.
Benjamin Franklin