Every Laptop and Cell Phone in Detroit (and Dearborn) Can Be Searched at Will

I’m not really sure how Detroit is supposed to pursue an arts-based resurgence if the Department of Homeland Security maintains that it can seize any electronics along the nation’s borders — which extend 100 miles and therefore include the bulk of the population of Michigan

The Department of Homeland Security’s civil rights watchdog has concluded that travelers along the nation’s borders may have their electronics seized and the contents of those devices examined for any reason whatsoever — all in the name of national security.

The DHS, which secures the nation’s border, in 2009 announced that it would conduct a “Civil Liberties Impact Assessment” of its suspicionless search-and-seizure policy pertaining to electronic devices “within 120 days.” More than three years later, the DHS office of Civil Rights and Civil Liberties published a two-page executive summary of its findings.

“We also conclude that imposing a requirement that officers have reasonable suspicion in order to conduct a border search of an electronic device would be operationally harmful without concomitant civil rights/civil liberties benefits,” the executive summary said.

[snip]

According to legal precedent, the Fourth Amendment — the right to be free from unreasonable searches and seizures — does not apply along the border. By the way, the government contends the Fourth-Amendment-Free Zone stretches 100 miles inland from the nation’s actual border.

I mean, if I were a business of any kind I’d move outside of this 100-mile border zone to protect my company secrets. Though that would up-end a good deal of the US auto industry, which they can’t really afford.

This is absurd. The notion that the border exception would expose entire cities (San Diego and, I think, Miami, would be similarly exposed) to this kind of privacy invasion shows how absurd the contention is.

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Emptywheel Twitterverse
emptywheel RT @KimZetter: I'm stuck on that phrase "security experts in Washington"
1mreplyretweetfavorite
emptywheel RT @maassive: More evidence that DOJ is forcing local agencies to withhold Stingray records. This time in San Diego http://t.co/XpCBipNCVZ
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emptywheel @elizabeth_joh Yup. Remember it well.
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emptywheel @onekade Why? The cool girls in high school always got away with that.
8mreplyretweetfavorite
emptywheel TIL: Sony is a more critical part of our critical infrastructure than all of PGE's infrastructure, apparently.
9mreplyretweetfavorite
emptywheel @jaazee1 How is this cyberwar? Sony is a company, and not even an American one. @OKnox
10mreplyretweetfavorite
emptywheel @onekade Just so long as @JameelJaffer can't prove they said it they can do that forever. @oknox
11mreplyretweetfavorite
emptywheel @onekade You obviously didn't read that part of the Torture Report, where they can too and still Glomar it damnit. @oknox
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emptywheel RT @OKnox: White House says Sony hack is a "serious national security matter" but does not blame North Korea (investigation "progressing")
12mreplyretweetfavorite
emptywheel @Krhawkins5 I've LONG thought that. Perfect tragic "hero" @johnkerry
18mreplyretweetfavorite
emptywheel @matthewstoller I asked earlier: how much do they actually pay in taxes?
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emptywheel RT @matthewstoller: Hey media, yes American interests are involved, but can you please stop saying that Sony is an American company?
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