Lawsuit Seeks to End Border Searches of Electronic Devices

September 8, 2010 -

When the President of the National Association of Criminal Defense Lawyers (NACDL) is forced to log in to her laptop at an airport and a customs official disappears for 30 minutes with the computer, it’s probably a safe bet that some form of litigation will emerge from the encounter.

This is exactly what happened to Lisa Wayne as she was traveling home from Mexico in August of 2008. The incident, according to the National Law Journal, took place at the Houston, Texas airport and eventually resulted in her organization joining a lawsuit against the U.S. Department of Homeland Security, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement officials.

The NACDL, the National Press Photographers Association (NPPA) and Pascal Abidor, a student, and NPAA member whose laptop was seized and searched during a May U.S. and Canadian border stop, are the lawsuit’s plaintiffs. Abidor was jailed briefly and his laptop was returned to him eleven days later. His email and research were among the items accessed on his hard drive by authorities.

The American Civil Liberties Union is representing the plaintiffs in the suit, which seeks to constitutionally challenge (leveraging the Fourth Amendment) the “suspicionless search of the contents of Americans’ laptops, cell phones, cameras and other electronic devices at the international border.”

DHX spokesman Matthew Chandler called the searches a “targeted tool” for customs officials.

In the complaint it’s alleged that Customs officials can undertake a search “with or without individualized suspicion," and that over 6,500 people were subjected to such searches of their electronic devices from October, 2008 through June of this year. Of the 6,500, nearly 3,000 were U.S. citizens.

For her part, Wayne plans to claim attorney/client privilege and refuse to log in to her laptop if asked to do so in the future. She still worries that custom officials will seize her computer and ultimately gain access though.

The full complaint can be accessed on the ACLU website here (in PDF form).

Earlier this year, the ACLU claimed that customs officials were making copies and backups of information seized off the electronic devices of travelers.


Comments

Re: Lawsuit Seeks to End Border Searches of Electronic ...

What happens when you use encrypted file containers? Do they intimidate you into exposing your data or can they penalize you for non-compliance?

Re: Lawsuit Seeks to End Border Searches of Electronic ...

They demand the access codes for it or detain you under the patriot act as a potential terrorist until you comply.

Re: Lawsuit Seeks to End Border Searches of Electronic ...

Isn't this sort of thing that ACTA would want to happen on a daily basis at airports? If so I would so fight this thing before it becomes standard. 

http://www.magicinkgaming.com/

Re: Lawsuit Seeks to End Border Searches of Electronic ...

According to BoingBoing, that section's been removed.

Of course, ACTA is still bad, bad news.

Re: Lawsuit Seeks to End Border Searches of Electronic ...

There are rumblings of that yes, though they are coming with the classic 'we need to be able to search for kiddy porn!' argument rather then ACTA.

Re: Lawsuit Seeks to End Border Searches of Electronic ...

"The NACDL, the National Press Photographers Association (NPPA) and Pascal Abidor, a student, and NPAA member whose laptop was seized and searched during a May U.S. and Canadian border stop, are the lawsuit’s defendants."

Should that say "plaintiffs"?

Thanks for the article; interesting stuff.

 
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MaskedPixelantehttp://m.tickld.com/x/something-you-never-realized-about-guardians-of-the-galaxy Right in the feels.08/29/2014 - 6:56pm
AvalongodAgain I think we're conflating the issue of whether Sarkeesian's claims are beyond critique (no they're not) and whether its ever appropriate to use sexist language, let alone physical threats on a woman to intimidate her (no it isn't)08/29/2014 - 5:04pm
prh99Trolling her or trying to assail her integrity just draws more attention (Streisand effect?). Which is really not what the trolls want, so the only way to win (if there is a win to be had) is not to play/troll.08/29/2014 - 5:02pm
prh99Who cares, just don't watch the damn videos if you don't like her. Personally, I don't care as far as she is concerned as long there are interesting games to be played.08/29/2014 - 4:34pm
Andrew EisenZip - And yet, you can't cite a single, solitary example. (And no one said you hated anyone. Along those lines, no one claimed Sarkeesian was perfect either.)08/29/2014 - 3:51pm
Andrew EisenSaint's Row: Gat Out of Hell was just announced for PC, PS3, PS4, Xbox 360 and Xbox One making it the 150th game For Everything But Wii U! Congratulations Deep Silver!08/29/2014 - 3:49pm
ZippyDSMleeI do not hate them jsut think its mostly hyperlobe.08/29/2014 - 3:40pm
Andrew EisenSleaker - I'd say that's likely. From my experience, most who have a problem with Sarkeesian's videos either want to hate them in the first place (for whatever reason) or honestly misunderstand what they're about and what they're saying.08/29/2014 - 3:16pm
james_fudgeWe appreciate your support :)08/29/2014 - 2:55pm
TechnogeekIt gives me hope that maybe, just maybe, the gaming community is not statistically indistinguishable from consisting entirely of people that your average Xbox Live caricature would look at and go "maybe you should tone it down a little bit".08/29/2014 - 2:49pm
TechnogeekI just want to say that while I've disagreed with the staff of this site on several occasions, it's still good to see that they're not automatically dismissing Anita's videos as a "misandrist scam" or whatever the preferred dismissive term is these days.08/29/2014 - 2:49pm
E. Zachary KnightZippy, So you can't find even one?08/29/2014 - 1:04pm
ZippyDSMleeAndrew Eisen:Right because shes prefect and never exaggerates... *rolls eyes*08/29/2014 - 12:53pm
SleakerAnd honestly, nearly all of the games she references, or images she depicts I've always cringed at and wondered why they were included in games to begin with, from pinups through explicit sexual depictions or direct abuse. I think it's cheap storytelling.08/29/2014 - 12:35pm
Sleaker@AE - aren't most people fundamentally misunderstanding her at this point? haha.. On a related note I think a lot of the backlash is coming from males that think she is telling them their 'Generic Male Fantasy' is bad and wrong.08/29/2014 - 12:33pm
Andrew EisenAnd no, I don't think the female community would be upset over the performance of a case study in and of itself. Possibly the mostivations behind such a study, the methodology or conclusions but not the mere idea of a case study.08/29/2014 - 12:29pm
Andrew EisenAmusingly, these videos aren't saying you can't/shouldn't use tropes or that sexual representations are inherently problematic so those are very silly things to have a problem with and indicate a fundamental misunderstanding of the series.08/29/2014 - 12:29pm
SleakerDo you think the female community would get extremely angry over a male doing a case study on the negative impact of sex-novels and their unrealistic depiction of males and how widespread they are in american culture?08/29/2014 - 12:25pm
SleakerThe other thing that people might find problematic is that they see no problem with sexual representations of females (or males) in games. And realistically, why is there anything wrong with sexual representations in fiction?08/29/2014 - 12:24pm
SleakerTo even discuss or bring up these issues at a cultural level to begin with. Going straight for games to many probably feels like a huge overstepping given that it's interactive story in many cases, and when you're telling a story why can't you use tropes.08/29/2014 - 12:21pm
 

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