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.

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
ZippyDSMleeuuuhhhggg in other news been sick since last night.....uuhggg.....I iwsh it did not hurt so much when my tummy wants to leave my body..02/28/2015 - 11:39pm
ZippyDSMleeBrings me to the Q why alt costumes would be needed in competition anyway... http://www.eventhubs.com/news/2015/feb/28/dead-or-alive-community-aims-ban-over-120-overly-sexualized-costumes-dead-or-alive-5-last-round/02/28/2015 - 11:36pm
MonteThough from a business side, i would agree with the article. While it would be smarter for developers to slow down, you can't expect EA, Activision or ubisoft to do something like that. Nintnedo's gotta get the third party back.02/28/2015 - 4:36pm
MonteThough it does also help that nintendo's more colorful style is a lot less reliant on graphics than more realistic games. Wind Waker is over 10 years old and still looks good for its age.02/28/2015 - 4:33pm
MonteWith the Wii, nintnedo had the right idea. Hold back on shiny graphics and focus on the gameplay experience. Unfortunatly everyone else keeps pushing for newer graphics and it matters less and less each generation. I can barely notice the difference02/28/2015 - 4:29pm
MonteON third party developers; i kinda think they should slow down to nintendo's pace. They bemoan the rising costs of AAA gaming, but then constantly push for the best graphics which is makes up a lot of those costs. Be easier to afford if they held back02/28/2015 - 4:27pm
Matthew Wilsonhttp://www.forbes.com/sites/insertcoin/2015/02/28/the-world-is-nintendos-if-only-theyd-take-it/ I think this is a interesting op-ed, but yeah it kind of is stating the obvious.02/28/2015 - 2:52pm
prh99The government probably doesn't need an app, but I was think more along the lines of a company that was going to sell the collected info. “If you're not paying for the product, you are the product” sometimes even if you pay.02/28/2015 - 1:50pm
E. Zachary KnightWhat better way for the government to keep track of you than to get you to install an app that lets you insult the government.02/28/2015 - 11:03am
prh99No, but I looked it up and it's basically spyware. Their privacy policy says their apps tracks among other things your location and browsing habits via cookies.02/28/2015 - 8:20am
Ryan RardinHas anyone here heard of an app called iCitizen? It's basically Yelp for politicians.02/28/2015 - 5:16am
Andrew EisenAh, not linked in the way you (and everyone else) want and expect. That's true.02/27/2015 - 10:06pm
Matthew Wilsonthey are not linked in a way that tracks purchases though. the fact that they have to send a code for the other system shows that they are not linked in the way it counts.02/27/2015 - 9:39pm
Andrew EisenAccounts are already linked. Have been for quite a while. Also, Mario vs. Donkey Kong was announced as a cross-buy title during last January's Nintendo Direct.02/27/2015 - 9:25pm
Matthew Wilsonhttp://www.vg247.com/20…/…/27/olli-olli-3ds-wii-u-cross-buy/ I wounder if this is a sign that Nintendo may finally link accounts across the 3ds/wiiu in the near future.02/27/2015 - 9:18pm
prh99http://www.romanoriginals.co.uk/invt/70931?colour=Blue The dress does comes in white and blue but both have black lace and a sheer back top, I don't see gold or brown. 02/27/2015 - 8:54pm
ZippyDSMleeDungeons was a so bad so good game to me so I been keeping up with its sequel which will more of a Dungeon Keeper clone. As for pre order out of 7 preorders I was not burnt by 2... Add my contempt of most of modern game design.Ya I have all kinds of hurt.02/27/2015 - 8:40pm
MechaTama31I don't even want to know...02/27/2015 - 8:22pm
ZippyDSMleeFun? I can do fun…. I think LOL. Dungeons 2 is on preorder but not via steam... >> Hell I am breaking all kinds of personal butthurt rules to even THINK about pre order...02/27/2015 - 8:12pm
E. Zachary KnightHad some fun discussions about that dumb dress on Facebook. I opened the original picture in GIMP and sampled the colors and determined them to be Blue and Gold. People still say I am wrong.02/27/2015 - 7:41pm
 

Be Heard - Contact Your Politician