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
bmaz @cocktailhag There's not going to be enough of them.
1mreplyretweetfavorite
bmaz @RKTlaw I doubt that, I think they will want to end the issue one way or another, but it is possible.
17mreplyretweetfavorite
bmaz @RKTlaw Heh, at this rate, there may never be a circuit split and they just sit back and let it happen.
18mreplyretweetfavorite
bmaz @RKTlaw Maybe, but there seems to be scant few below that want to go there anymore. It is amazing.
24mreplyretweetfavorite
bmaz The snowball in favor of marriage and LGBT equality in American courts is amazing. Who will the the last judge to endorse the bigotry?
28mreplyretweetfavorite
JimWhiteGNV RT @bmaz: This new state court decision by Judge Zabel deeming FL SSM ban unconstitutional is really something beautiful http://t.co/KrMHDa
28mreplyretweetfavorite
JimWhiteGNV RT @mattduss: Bibi lied. People died. http://t.co/9i85wpDxuy
28mreplyretweetfavorite
bmaz This new state court decision by Judge Zabel deeming FL SSM ban unconstitutional is really something beautiful http://t.co/KrMHDawncQ
29mreplyretweetfavorite
bmaz @AllThingsHLS @gregpmiller In some fairness, most said deals involved traditional cooperation agreements, something not really applic to ES
34mreplyretweetfavorite
bmaz @AllThingsHLS @gregpmiller Yeah, but contrary to govt claim it never happens, Ive cut deals for extraterritorial return before; best option.
41mreplyretweetfavorite
emptywheel Did David Sanger just ignore the French and Israelis, who like China, steal commercial data?
42mreplyretweetfavorite
bmaz .@gregpmiller That's alright, Ledgett was fairly disingenuous about the "offer" in the first place. Never more than press fodder.
47mreplyretweetfavorite
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